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HomeMy WebLinkAbout170615PAIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, JUNE 15, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) 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 durin2 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. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 1 of 5 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The MAYOR will read a PROCLAMATION declaring August 2017 Drowning Impact Awareness Month in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. Call To The Public Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 18 and June 1, 2017. 2. CONSIDERATION of approving an AMENDMENT to the PROFESSIONAL SERVICES AGREEMENT with Brown & Associates, to increase the FY2016/2017 Contract #2016- 110.4 by $15,000 to cover actual cost of plan review & inspections through June 30, 2017. 3. CONSIDERATION of approving PROFESSIONAL SERVICES AGREEMENT (#C2018-012) with Brown & Associates for the purposes of covering the costs of on-call plan review, inspection, and Building Official services from July 1, 2017, through June 30, 2018, in an amount not to exceed $70,000. 4. CONSIDERATION of approving: (1) four BUDGET TRANSFERS from the Town's General Government Contingency Fund: i) $45,000 for Community Garden expenses incurred by the Town; ii) $107,979 for repairs to the Shea Boulevard/Palisades Boulevard water features; iii) $15,000 for contracted building inspections; iv) $2,000 to purchase a spectrometer; (2) one BUDGET TRANSFER to the Vehicle Replacement Fund for $2,300 to purchase a new Bobcat utility vehicle for Fountain Park. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 2 of 5 5. CONSIDERATION of approving RESOLUTION 2017-20, abandoning whatever right, title, or interest the Town has in a portion of the certain 20' Public Utility and Drainage Easement located at the rear property line of Plat 111, Block 2, Lot 1 (16405 E. Heather Drive), as recorded in Book 150, Page 12, records of Maricopa County, Arizona. (EA 2017- 02) 6. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Theresa June Morse, agent of Mucha Lucha Taco Shop FH, LLC DBA Mucha Lucha Taco Shop, located at 16754 E Glenbrook Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION for agent change, acquisition of control -restructure submitted by Andrea Dahlman Lewkowitz, agent of Walgreen Arizona Drug Co. DBA Walgreens #06060, located at 16415 E Palisades Boulevard, Fountain Hills, A.Z. This is for a series 10 license (Beer & Wine Store). 8. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Peter Pizzurro, owner of Monte d'oro Ristorante LLC DBA Pietro's, located at 9800 N Summer Hill Boulevard, #1, Fountain Hills, A.Z. This is for a series 12 license (Restaurant). 9. CONSIDERATION of approving seven (7) SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Fountain Hills and Lower Verde Valley Museum and Historical Society as follows: (i) the Italian Dinner, to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 3:00 PM to 10:00 PM on Saturday, August 12, 2017; (ii) Fundraising Dinners to be held in Ballrooms 1 and 4 of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ: (a) from 5:00 PM to 9:00 PM on Wednesday, October 18, 2017; (b) from 5:00 PM to 9:00 PM on Wednesday, November 15, 2017; (c) from 5:00 PM to 9:00 PM on Wednesday, January 10, 2018; (d) from 5:00 PM to 9:00 PM on Wednesday, February 21, 2018; (e) from 5:00 PM to 10:00 PM on Wednesday, March 28, 2018; and (f) from 5:00 PM to 9:00 PM on Wednesday, April 18, 2018. 10. CONSIDERATION of RESOLUTION 2017-17, adopting amendments to the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013, relating to the absentee reporting, personal phone calls, and record changes; employee classifications; introductory employment period; eligibility for benefits; vacation leave; sick leave — full-time and part-time regularly scheduled employees; miscellaneous leave with pay; leaves of absence without pay; supervision and discipline; paid sick time — part-time non -regularly -scheduled, temporary, seasonal and other employees; and declaring an emergency. 11. CONSIDERATION of approving the TOWN MANAGER'S AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated June 15, 2017. 12. CONSIDERATION of approving the donation of a BRONZE SCULPTURE titled, "Mirth & Melancholy" for placement outside the Community Center. Regular Agenda 13. CONSIDERATION of APPOINTING three (3) citizens to serve on the Strategic Planning Advisory Commission for a two-year term beginning on July 1, 2017, and ending on June 30, 2019. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 3 of 5 14. PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District — 35,000 Square Feet per Dwelling Unit" zoning district. 15. CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District — 35,000 Square Feet per Dwelling Unit" zoning district. 16. PUBLIC HEARING to receive comments on ORDINANCE 17-06, proposed text amendments to Chapter 5, Section 5.19 of the Fountain Hills Zoning Ordinance and Article 6, Section 6.0913.6 of the Fountain Hills Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017-05 17. CONSIDERATION of ORDINANCE 17-06, proposed text amendments to Chapter 5, Section 5.19 of the Fountain Hills Zoning Ordinance and Article 6, Section 6.0913.6 of the Fountain Hills Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017- 05 18. CONSIDERATION of authorizing staff to initiate specific FY2017-18 CAPITAL IMPROVEMENT PROJECTS. 19. CONSIDERATION of participating as a partner in the proposed FOUNTAIN HILLS VISITOR CENTER to be located next door to the new Chamber of Commerce location on Verde River Drive and Avenue of the Fountains. 20. CONSIDERATION of authorizing the Town Manager to execute a COOPERATION AGREEMENT, which will enable the Town of Fountain Hills to participate in the Urban County Community Development Block Grant Program (CDBG) administered by Maricopa County. 21. CONSIDERATION of an AGREEMENT with Rural Metro Fire Department, LLC to provide fire protection and emergency medical services for the Town of Fountain Hills, effective July 1, 2017. 22. CONSIDERATION of a LEASE AGREEMENT with Rural Metro Fire Department, LLC for ambulance storage, effective July 1, 2017. 23. CONSIDERATION of changing the TOWN COUNCIL MEETING DAY AND TIME, beginning in August of 2017. 24. CONSIDERATION of RESOLUTION 2017-14, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the Fiscal Year beginning July 1, 2017, and ending June 30, 2018. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 4 of 5 25. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 27. ADJOURNMENT. DATED this 8th day of June, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\rl70615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 5 of 5 AIN�l ° n NOTICE OF THE MW mw. REGULAR SESSION OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 6:30 P.M. WHEN: THURSDAY, JUNE 15, 2017 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 and whether or not they reside in Fountain Hills (do not provide a home address) 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 durin2 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. z:\council packets\2017\rl70615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 1 of 5 REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Rod Warembourg, Desert Creek Fellowship ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The MAYOR will read a PROCLAMATION declaring August 2017 Drowning Impact Awareness Month in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. Call To The Public Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 18 and June 1, 2017. 2. CONSIDERATION of approving an AMENDMENT to the PROFESSIONAL SERVICES AGREEMENT with Brown & Associates, to increase the FY2016/2017 Contract #2016- 110.4 by $15,000 to cover actual cost of plan review & inspections through June 30, 2017. 3. CONSIDERATION of approving PROFESSIONAL SERVICES AGREEMENT (#C2018-012) with Brown & Associates for the purposes of covering the costs of on-call plan review, inspection, and Building Official services from July 1, 2017, through June 30, 2018, in an amount not to exceed $70,000. 4. CONSIDERATION of approving: (1) four BUDGET TRANSFERS from the Town's General Government Contingency Fund: i) $45,000 for Community Garden expenses incurred by the Town; ii) $107,979 for repairs to the Shea Boulevard/Palisades Boulevard water features; iii) $15,000 for contracted building inspections; iv) $2,000 to purchase a spectrometer; (2) one BUDGET TRANSFER to the Vehicle Replacement Fund for $2,300 to purchase a new Bobcat utility vehicle for Fountain Park. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 2 of 5 5. CONSIDERATION of approving RESOLUTION 2017-20, abandoning whatever right, title, or interest the Town has in a portion of the certain 20' Public Utility and Drainage Easement located at the rear property line of Plat 111, Block 2, Lot 1 (16405 E. Heather Drive), as recorded in Book 150, Page 12, records of Maricopa County, Arizona. (EA 2017- 02) 6. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Theresa June Morse, agent of Mucha Lucha Taco Shop FH, LLC DBA Mucha Lucha Taco Shop, located at 16754 E Glenbrook Boulevard, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 7. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION for agent change, acquisition of control -restructure submitted by Andrea Dahlman Lewkowitz, agent of Walgreen Arizona Drug Co. DBA Walgreens #06060, located at 16415 E Palisades Boulevard, Fountain Hills, A.Z. This is for a series 10 license (Beer & Wine Store). 8. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Peter Pizzurro, owner of Monte d'oro Ristorante LLC DBA Pietro's, located at 9800 N Summer Hill Boulevard, #1, Fountain Hills, A.Z. This is for a series 12 license (Restaurant). 9. CONSIDERATION of approving seven (7) SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Fountain Hills and Lower Verde Valley Museum and Historical Society as follows: (i) the Italian Dinner, to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 3:00 PM to 10:00 PM on Saturday, August 12, 2017; (ii) Fundraising Dinners to be held in Ballrooms 1 and 4 of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ: (a) from 5:00 PM to 9:00 PM on Wednesday, October 18, 2017; (b) from 5:00 PM to 9:00 PM on Wednesday, November 15, 2017; (c) from 5:00 PM to 9:00 PM on Wednesday, January 10, 2018; (d) from 5:00 PM to 9:00 PM on Wednesday, February 21, 2018; (e) from 5:00 PM to 10:00 PM on Wednesday, March 28, 2018; and (f) from 5:00 PM to 9:00 PM on Wednesday, April 18, 2018. 10. CONSIDERATION of RESOLUTION 2017-17, adopting amendments to the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013, relating to the absentee reporting, personal phone calls, and record changes; employee classifications; introductory employment period; eligibility for benefits; vacation leave; sick leave — full-time and part-time regularly scheduled employees; miscellaneous leave with pay; leaves of absence without pay; supervision and discipline; paid sick time — part-time non -regularly -scheduled, temporary, seasonal and other employees; and declaring an emergency. 11. CONSIDERATION of approving the TOWN MANAGER'S AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated June 15, 2017. 12. CONSIDERATION of approving the donation of a BRONZE SCULPTURE titled, "Mirth & Melancholy" for placement outside the Community Center. Regular Agenda 13. CONSIDERATION of APPOINTING three (3) citizens to serve on the Strategic Planning Advisory Commission for a two-year term beginning on July 1, 2017, and ending on June 30, 2019. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 3 of 5 14. PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District — 35,000 Square Feet per Dwelling Unit" zoning district. 15. CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District — 35,000 Square Feet per Dwelling Unit" zoning district. 16. PUBLIC HEARING to receive comments on ORDINANCE 17-06, proposed text amendments to Chapter 5, Section 5.19 of the Fountain Hills Zoning Ordinance and Article 6, Section 6.0913.6 of the Fountain Hills Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017-05 17. CONSIDERATION of ORDINANCE 17-06, proposed text amendments to Chapter 5, Section 5.19 of the Fountain Hills Zoning Ordinance and Article 6, Section 6.0913.6 of the Fountain Hills Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017- 05 18. CONSIDERATION of authorizing staff to initiate specific FY2017-18 CAPITAL IMPROVEMENT PROJECTS. 19. CONSIDERATION of participating as a partner in the proposed FOUNTAIN HILLS VISITOR CENTER to be located next door to the new Chamber of Commerce location on Verde River Drive and Avenue of the Fountains. 20. CONSIDERATION of authorizing the Town Manager to execute a COOPERATION AGREEMENT, which will enable the Town of Fountain Hills to participate in the Urban County Community Development Block Grant Program (CDBG) administered by Maricopa County. 21. CONSIDERATION of an AGREEMENT with Rural Metro Fire Department, LLC to provide fire protection and emergency medical services for the Town of Fountain Hills, effective July 1, 2017. 22. CONSIDERATION of a LEASE AGREEMENT with Rural Metro Fire Department, LLC for ambulance storage, effective July 1, 2017. 23. CONSIDERATION of changing the TOWN COUNCIL MEETING DAY AND TIME, beginning in August of 2017. 24. CONSIDERATION of RESOLUTION 2017-14, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the Fiscal Year beginning July 1, 2017, and ending June 30, 2018. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 4 of 5 25. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 27. ADJOURNMENT. DATED this 8th day of June, 2017. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2017\r170615\1706015a.docx Last Printed: 6/7/2017 3:53 PM Page 5 of 5 DROWNING IMPACT AWARENESS MONTH AUGUST 2017 WHEREAS, Drowning Impact Awareness month will raise awareness that the number and impact of child drownings in Arizona affects everyone; and WHEREAS, the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and WHEREAS, a child drowning can happen to any family regardless of education, race, or socio-economic background; and WHEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS, water safety remains a priority for Arizona families, communities, and government; and WHEREAS, keeping children healthy and safe is the goal of the Fountain Hills Rural/Metro Fire Department and other prevention institutions in Arizona; and WHEREAS, raising awareness will increase understanding and education of effective ways to prevent drowning; NOW, THEREFORE, I, Linda M. Kavanagh, Mayor of the Town of Fountain of Hills, Arizona, do hereby proclaim the month of August 2017 as DROWNING IMPACT AWARENESS MONTH in Fountain Hills. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of the Town of Fountain Hills, Maricopa County, Arizona this 15� day of June, 2017. e,/�,�cA><x,r� '0 a hat is is Ari 4 Meeting Date: 6/15/2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact information: Bevelyn J. Bender, Town Clerk; 480-816-5115; bbender@fh.az.gov Council Goal:. Strategic Values: Civic Responsibility C3 Solicit feedback in decision-making REQUEST TO COUNCIL (agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 18 and June 1, 2017. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: INA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): None SUGGESTED MOTION (for council use): Move to approve the consent agenda as listed Prepared by: Bevelyn Bender, Town Clerk 6/6/2017 Approved: Grady E. Mill o Manager 6!612017 Page 1 of 1 SYN TOWN OF FOUNTAIN HILLS a TOWN COUNCIL z . AGENDA ACTION FORM Meeting Date: 6115/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Development Services Director, rrod ers fh.az, ov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving an AMENDMENT to the PROFESSIONAL SERVICES AGREEMENT with Brown & Associates, to increase the FY '16-17 contract (C2016-110.4) by $15„0010 to cover actual cost of plan review & inspections through June 30, 2017. Applicant: Development Services Department Applicant Contact Information: (480) 816-5122 Owner: Town of Fountain Hills Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): Due to staffing limitations the Town has previously entered into a professional Services agreement with Brown & Associates to perform plan review and building inspections. Due to the Chief Building Official's resignation and the necessary delay in hiring the new, and current Chief Building Official, the contract amount has proven to be insufficient. Amendment #4 to the Professional Services Agreement will provide the funds to cover the FY `16-1 T shortfall in an amount not to exceed $15,000. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): 210 & 216 Funding Source: General Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the contract amendment as presented. Page 1 of 2 TC 6/15/2017 B&A Contract 2016-110.4 List Attachment(s): Contract #C2016-110.4 SUGGESTED MOTION (for council use): Move to APPROVE Contract #C2016-110.4 with Brown & Associates in an amount not to exceed $15,000 for plan review, inspection and building official services during FY'16-17 as presented. Prepared by: bert R ers, Development Services Director 6/1/2017 Director's Approval: RoR�odgers, Development Services Director 6/1/2017 Approved: Grady E. IZY own Manager 6/5/2017 Page 2 oft Contrast Na. C2016-1](1.4 F OUR TH A MIENS M ENT 'DIO HRCFIESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HRC WN & ASSOCIATES CERTIFIED INSHEC TION 9ERIVIC E, INC. THIS FOU14TH AMEINDM13NT TO PROFEI� SIONAII SERVICES AGREHMHNT (11his "Fourth Amendment") is cirilercic into as of Junci 15, X117, teitweari tlia Town of Founilain Hills, an Ariaar.ia rrL riiciplal acrplcraticin (l1he "'flown"), and Brown & Assoaiateis C artifiec Inspaction c cmviaa, Ina., ari Ariacria corporation (1he "Consullant"). RHCITALS A. 'llhe 'llown and the ConsL ltant eintemed into a Plrofassionial c ary ices Agreamant c atod JL ly 1, Wl 1 `I, as amaric ed by thal First Am endm ent, dall ed March 17, W I E, tt at Second Am endm en1, dal ed June 2, 1(11(, aric thal Tilirc Amendment, dall ad Au gust 18, 2016 11collecl iv sly, 1t e "ABraem ent"), for C arisu ltanil to plrav idea on-call plan reiviaw anic inspection scrviceis. All caplitaliaed teirms not clterwise cafinied in this Fourth Arriandmciril hava tta same m earrings as aaritair.ied in 1 t e Agraarri eint. B. '1111-a Town has del eirm ined 1 t at addil ional on-call plan rciv iaw arc inspaation sery icas by tha Consultant are neaassar)I (11-e "Ac ditional Sery icas"; . C. Tt ei 'Dawn ar.ic tl] ci Consultant c asirc to antar into this Fount Amart marit to provide for 1he incraase in complensaticri Ila tt a C arise ltaril fcir tl] a Addil ional Sery icas. AGRE EMHND NOW, 'DHH14EIFORE, in consideraticri ofItha foregoing in'Iroc Lcticri and radials, what area iricorporaled hcreiri by rcifhrenice, tha killowirig mutual eavananils and coriciticris, anic athero good and valu at la cons idaraticri, 1t e racaipt and suffiaiancy cfl wt icl] are t eirebN aekr owlet gad, tl] a 'flown eir.id 1 t e C arisultanl hcraby agrea as f611cws: 1. Compariseition. The 'llown 9t a ll incraase 1 t e atm pensal ion to C arisL Itznt EN 31:15,CIaCUI(I fbr tha Acditicrial Services apt 111-a rales set forth in tha Fae Proposal, attachac to 1ha Algrecimeril as Hxhibit B, reisulling in zin incraase ofltliei aggragata nicl-to-a?,aead corrplensaliori filorr $144,950.(1(1 to 31159,51`1(1.00. 2. Hffeet of Amaridmerrl. In ail] ather liaspecls, 'Ita Agraerren'1 is affilimac and rarlificid arid, exaapt as ciNplrassl) rrcc ifiac hcrairi, adl farms and eor.idilions of 1he Agraemeril shall liamaini iri full fbrce and affecl. 291111. 1 �1. Non-DefaLIt. H) exeiautiri8 this Fai:rih Amandrriarit, thea Consulllant affirmatiiialy assarts 1I1- at Ili) thea Town is not aL naenil ly in c eafau It, nor has baean in dafitull all any 1 ima prick to this Fourth Arriandmaril, Lricar ari) of 1I1 -a Ierrris a1i conditions of thea Aglreaement and Ilii; any and all claims, hnowni and unkr own, lielating to the Agreaemant and axistinig an or bafore the cats of this FlaLr1h Amendmant area foreiiear waived. 4. lsraal. ConsLltanit carlifies that it is noel aurrenilly ariglaged in, and agraes for 1he dural ion of t1l is Aglreaemant thal it will noel engage in a "t a) aot11," as 1 t at tarm is c afrnad in AR121. Rflv. STAT. § 351-215131, of Israel. _l. Corifliat of Intaliast. 11his Fourth Amandrnant and 1he A€lreaemenil may to aanicaeled ty 1re Town pursuant Ila AR 1z. RAV. STAT. 8-5111. IN WITNESS WHHRHOF,1Iliea plzartias harato hada axeacullead Itis irisaLmarit as of 1he dale and yeah filisl sell fon t aboii a. "Town" TIOWN OF FOUN'flAIN H1111JS, an Arizona mL niaipal corporation Grac y E. Miller, Town Mar.iagar ATTEST: BaueINri J. Benic ear, Town C lerk (ACKNOV JHDGMHNT) STATH OF ARI210NA ) ) ss. COUNTN OF MA RIC OPA ) On , XIII, beforei me personally aplpleiareic Grady H. Miller, tha Town Managar of thea TOWN OF FOUNTIA1N H11IJ11S, ari Ariaoria muniaipal aargloralion, whosa idaritily was gpioven to me ori thea basis oflsail isfacalory eividonae to to 1he person who to alairris to I: e, and aaknowlac €lad thal Il a siar.ied thea abova c ocaumant, ori t ahalfl oft 1I1- a Town of Fountain Hills. Notary Public (Affix nolary saal hemei) 2971914.1 "Consultant" BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC, an Arizona corporation Title: /`i dAg4r A u (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 31.1nt 9 , 2017, before me personally appeared M^V r,06 yl. 'hr4w^ the ok xW /sece Aw j of BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC., an Ari na corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. (Affix notary seal here) STEVEN M. 3PEEn JA. Notary Pudic - Primna Maricopa County My Comm. Expires Oct 23, 2020 297]9741 Meeting Date: 611512017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORI1111 Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Bolo Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT (Contract #02018-012) with Brown & Associates for the purposes of covering the costs of on-call pian review, inspection, and Building Official services from July 1, 2017 through June 30, 2018 in an amount not to exceed $70,000. Applicant: Development Services Department Applicant Contact Information: NA Owner: Town of Fountain Hills Owner Contact Information: NA Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): Due to staffing limitations the Town has previously entered into a professional services agreement with Brawn & Associates to perform plan reviews, inspections, and Building Official duties on an as -needed basis. This contract will allow Development Services to utilize these contracted services for FY `17-18. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): $70,000 Budget Reference (page number): Funding Source: General Fund If Multiple Funds utilized, list here: NA Page 1 of 2 TC 6/15/2017 B&A Cmt.t C2018-012 Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of this contract. List Attachment(s): 1. Contract #2018-012 SUGGESTED MOTION (for Council use): Move to approve Contract #2018-012 with Brown & Associates in an amount not to exceed $70,000 for on-call plan review, inspection, and Building Official services. Prepared by: Ae- Robe Odgers, Development Services Director 6/1/2017 Director's Approval: Ro ert Rodgers, Development Services Director 6/1/2017 Approved: Grady E. er, wn wn Manager 6/5/2017 Page 2 oft Conlvacd No. CXl18-0]2 PROHHSSIONAI SERVICES AGREEMBNT BETWEEN THE TOWN CF FOUNTAIN HILLS AND HRC WN & ASSO CIIATES CERTIRIDD INSPFICTION SERVICE, INC. THIS PROFESSIONAL] SBMVICES AGRBIEMENT (this "Agmarrcnt is cr.itcrad inilo as of June 1 `I, 2017, betweein 11 a "Ilowri of Fountain F ills, ani Arizona rr uniciflal aorporaticri (til a "Town"], anc Browns & Assoeiateis C edified Inspecil ion Service, Ina., ari Ariaar.ia corparation illhe "C crisultard"). RHC ITALS A. Pursuant to Sealion 7.1 of 1he 'flown Pvacureimenl Policy and 3-3-3E of 1he 'flown C ac ei, t1 ei'flown rr ay c irecil ly select cert airs carisultard s for pmofessional aric tachnical scry ices. B. T1 a C cmisullant posscsscs thea speaifici skill and experianee requ ired to perfarm an - call f Ilam review and impaction services (Jthe "Sere iccis") as nemad 1:N tt a "Ilawri. C. T1 ei Tawn deisireis to cr.iter inta an Agreemciril with the C arisultaril to flarform tt ei Sarvimis, as make flarticulavly sed farlh in Sectiari 2 telaw. AGRE EMBNII NOW, 'IIHBREFORB, in considcratiari of til c foregoing intrac u ctiar.i and reicilals, which ave iricorporated teireiri UN refercirice, the fallawirig mullual covenards and caricitianis, aric other goac and v alu abler cansic enation, 1he raccipt and sufficiancy of wt sell arc t eret y, ack now1m ged, t1 a Town and the Com ltaril heveby agrees as follows: 1. Term of Agrocimcird. This Agveeimend shall be effective as of 11e dalle first set font abovci and st all reimair.i in full forces and cffed until Ju ria 30, 2018, u riless lerminatec as ott arwise provided in til is Agvecm ent. a. Scope of Work. This is an iric eifiriitc quant ity and iric afinite c alio ery Agreerr ent for Sery iceis as descmibec in the Scofla of Wlark, atUached heveta as Bxhibil A and iriaorporatec hcrairi by rafercinicc. Servicers shall only be provic ad when 11 a Tlowri idantifies a ncied and propev au lhoriaall ion and dacu m end ation hav a been approvcc . Fav project(1s) c etcrmiriad UN tt ei "Ilowr.i to bei appropriata for til is Agrcarricir.it, the C arisultaril st all provides thei Scmviees to t1 a Tawn an ari as-roqu irec basis relating to lit a specific Scrvicias as rray bei agreec upon bem aen 1he parties iri wviting, in the farm of a writ an aaknowledgmenl bemaeri the flartias descriting 1te Scmvicas to be prov is ed (jeach, a "Work Orc er . Hach Work Ovder issuad for Sarvices flursuanit to this Agveeimcril shall bei (i; iri thea ftirm flravided aric approved by 1he Town fbr 1he Servicers, (Jii; corilairi a refarenca to Itis Agrecmerd arid (iii; be atllacted to terella as Exhitit C and inaorporaled terein by rafererice. By sigriing Itis Agrecmcirit, Consultant ackriowleidgcis and agrees ltat Work Ordem(s; containing unaulhoriaed axceptiaris, coriditiaris, lirr italioris, or provisiaris in eariflicl with 1he larrrs ofl This Agrceimcnit, other than 'flown's flvoject-specific vequiverrents, are hercity expressly decilarec void and shall to oflria force aric eMict. ' the Tawn 3W2607.1 cciels not pluararilea any rriinirrium or rriaxirrium amount cif 9elrviaos will to requelslec ur.ider this Agraem em. .I. C a m pensall ion. Mel 'Ilowri shall pay Corisullant an amiciuril ricrl llo axeeled 3IM,(I(I(I.00 for 11e Sellvicels at thea rales sel forlE iri Ja Rio Proposal, attach& havote as Elxhitit B and incellplorallod Eelreiri by ve1fere1r.1c1e. 4. PUmemis. TEe1 Town shall pay thea Carisultaril month]}), based upori work performed and compleled to cater, arc uiplcrr.i suImission and approval of irivcriecls. All invoices sEall doeumenl and itemize) all world aorriplleileld to dada. Elaclh invoice statelmenl shall inelucla a veee11d ciNimel oxplelnded and work performed in sufficiont dellai:l 1Ici justify payrnar.it. Tho caritracrt numE or must t a relferelriced on all invoices. _`I. Daclu norls. All ccrclumelr.its, including any intallactual pplcrplorty rights tharelo, prepared arc sutmituic to the) 'Dciwn pursuant to tHs Agreelmeril shall to the proparty, of the Town. E . Consu ltaril Personnel. C arisultaril shall provic a ac oquale, expelliencled plorsonnel, caplablel eft aric cluNciled to the sucicassful perfarrmancle eft Je1 Selrvicas under this Appocimelrll. Consulllaml agreas lice assiplri speclificl individuals to key posilions. Consulllant adreas I.at, upori corn mar.icamenl oflthe Services to bel performed unclar this Agreelmemil, kely personnel stall not be removed or repllaeod wilEcruit prior writtelrl noiliecl to the 'Dciwn. ft key personnel are not available llo plelrform the Services fair a acirltiriuciuis period oxcaciding 30 ea:lendajl days, or are expecllod to covoto substantially less elffort to the 9elrviclels than inillially anlicipalleld, Consuhant sf all imimec iailelly notify the Illawn oft same) avid shall, suE jecll to the) eoneurreneel oft the 'flown), replacia such pemscmricll with plerscrinal posselssiripl substarilially equal atility and qualificlallions. 1. Inspection; Aecelptaricle. All wc11k shall bel suE jecll to inspecrticrri and acicelpltaricle ty the Town at roasonable Iirricis during Consultant's pelrforrriar.ica. The Consultant sEall provide and maimlainl a solf4rispaciticrri syslemi tEat is aceelptatlel to the'Dcwn. fl. IJiclonsos; Matellials. ConSUltant shall mainlainl in curraril slailuis all federal, stale and local licensers and permits requiirelc for tliel oparaticrri of the) business conducrta by the Consultant. Me Towri has no obligalion to provice Ccmisullaml, its employacis or subearitraetars any businlelss relplistralions or licar.isels requiirec to perform the speclificl sellviccls sel forth ir.i this A€plelemenll. M.e Town has ricr obligall ion to pincrvide tools, equipment or mallerial to Consuiltant. 9. Pelnfcrrmancra Wlarrein . Conlsullaml wamlants thal the Services renlc elrec will conform to the rcquiramemis of this Appleelmeml and with 1:11a care) and skill ordinarily used by members oflthe same plrefassierl ppracllieing undell similar eirclumstariees al the same) time avid in the same) localit}. 10. Irldelmnification. `Ile the fullest extent pellmiltec ty law, then Consullanl shall indelmnify arid Eeld Earmloss the 'Ilowri arx e1ac1E crouincil member, officell, emiployao or agent lherelof (then Town and any such person boring herain callerd an Avidelmnified Party"), for, fram and against any and all losses, crlaims, carriages, liabilillies, costs and axpenses llinc:luding, Eut rlat lirriitcld lIa, noasonable attorneys' fuels, eouirl oasts and the costs of appellailo procleedings) to 2987 (101.1 �I whish any suety Indemnificad Part) maN beciomci subiciat, undcli ariN thcacar)l of IiaEility whatsoevear ("Clairris") to 1he axturil t1lat such Claims (or actl ions in respactl thcireiof) ara ciaused t y tN c rieigligenll accts, rccklcssnoss or iritentlional rriiscionducl oftEa Consultlant, ills afficcros, cimployeas, agents, ar any tieir of subciarilracitor in ciarinealion with CorlSL ltaril's walik or sciruiaeis iri tNa plcrformanec of this Aglreiemant. 'Bhe amount) and typci aft insLlianaci coverage rcaclL iremerils scat fdrih telcaw will iri no waN be construcid as limiling the scopci ofthe indcimnily in ibis Sciation. 11. Insuraricae. 11.] Garieiral. A. 11risurcr Qua] ificaatlions. Wlilhout limiling arty obligalioris or liabilillies oft Ccarisu:ltantl, Ccarisu:ltaril shall purchase and mairilairi, at its own ciNperise, hcarcinaffer sllipulatec minimum insurance wilh irisurar.icca corriplanicis autNerizcc to do businciss in tl r ei Stl atca of Arizona pursL ant to A Riz. REV. STAT. § ICI -206, as amended, wilh ari AM Hast, Inc. railing of A- a1i aEciNa wird. poIicias and farms satisfactlar)l to the Tavtani. Failure tca mainllairi irisuraricae as speieiflcac licreiri may resull in terminaticari cif this Agrecimeril at 1he Town's option. B. No Reiprescirilailion cif Covcara e�quacy. By requiring irisLvancaa hcareiin, thea Town does not rcpresenl than eauaraglei and limits will be adequate to prolecat Consultlant. 111 c Town reserveis thea right to review ariN and all cif llhe insurances policies ancJor ericarsements citcac in this Agrcemeint, burl l as no obligaticari to do so. Failure 10 demand suieah cuidencae cif lfuII campIiancaa with the insuraricae raquircimcirits sell forth in this Agpiecimentl or fdilulie to idemlify any insuliancaa ccficaiency shall riot ralievca Corisu:ltaril from, riali ba caristlrLiad ar c ocirraead a waiver of, its obligalion to maintain the raquircid insuraricae at all limeis duririg thea perfhrmariae oflhis Agrcarricinit. C. Addillional Ilrisurcid. All irisuraricca covaliage, axccipt Workeirs' Corripleansaticari irisu rancca and Praffrissiarial Ilial] ility insuraricae, if applicat le, sl� all name, to thea filllcastl eaxturil pleirmittead by law for elairras arising cut afllhe perfcirmariae of itis Aglreiement, t11ei 'flown, its agentls, rerlreisentatiueis, cafficcars, dirciatars, officaials and errplloyecas as Additliona1 11risurcc as spooified undor 1he respecat Nei covcliage sciations of this A greaemeint. D. Coverage 'Berm. All insuraricae reaquircd heroin shall la mainitaincac in fill l force anc effecat L r i I all work or sero ices reclu flied to E ea pcvfcarmcac under tl� a terms cif this Agrecamentl are sallisfdclorilN pleirformad, aorrplletead and formally aceepllec EN the 'Down, u nloss spcacaificad olt erwise in this A greaen. ant. E. Plaimauy Inst rancea. C arisu llanll's irisurancca shall baa primary inisLrancea wills rcaspacat to pleirformancc of this Aglraerrent and in thea proteicllion of 1he 'lowri as an A c c itional Ilrisurcad. A. Claims Mac ca. Inc thea euant any irisurancca policaicas raquireid bN this Agruarricarit are writtcr.i on a "claims rrade" basis, caoveragla shall exteand, eilher by kecapling caaueraga in force or purchasing ari caNtcaricad reporting option, for thrcae ycaars past 7 98 2607.1 ciampleitiari and accciptar.iee aft tE a sery ices. SuaE coni inuinipl covcuiage shell I be evic enciad by submissicri cifannual Certificates of Insurarice aitinipl applieablei covcuiaga is in force ark aanitains thci provisicris as requircic hcuieiiri for 1he thrcici-year pcmiod. G. Waiver. All plalicies, eixccipt for Arcfcissiarial Iliabilit�, irick c ing Wloiikers' Compeirisalion irisurar.iee, shall eowain a waiver of rigills cif lieiacvery (subrogation; against 1he 'Ilawni, its agenils, rappieisantativeis, officials, officcuis and cimpla) cies for ari) claims arising out aft 1 he work or sary icas of C crisultanil. C ar.isL ltant shall aniange to havci such sullrogaticri waivalis incorporatac into ciach plalici) uia formal wrimiri emit clisciment thcmetc. H. Aaliay Deduclibles arid/or Scilf-Insurec Recintiar.is. Tha plclicias set forih in thasa rcigLircimemis may ppiouidci coveraga thal contains ccidudiblas aii seilf4 ir.isL read iieitcir.itioni amounts. SIL ch deductiE les c1i self4insured retantion shall nict be aplplicabla with respect to thci plcliay limits provic cid to tha 'Ilawni. C anis a ltarit shall be so Icily responsible for any such dac L atibla or scilf-irisurcid ralenll ion amounil. 1. Use of Subcorilliadors. If any woiih Lricar this Agreement is subacrilracted iri any wary, Consullant shall cihacuile wvitllcin agreemants with ills subacrilraclors conlaining the iniceirririifiaatiar.i provisiar.is scat forth iri this Saction and ir.isu ranca iiequireimaril s scat fors h herein prol eat ing 1 h e 'Ilowni and Consuh ant. C cr.isL lteint shall be reisplcrisiEle for cixacuting ari) agreamcmds with its subconiliiadors and oblairiing acirtifiaatas oflir.isurar.iee verifying the insuranice requiiiarriants. J. Elvidar.ice oflInsuranice. Prick to commencing any work or sarviees undcm This Agreement, Car.isultaril will ppiauidci the Town with suiilabla eviceincie of irisurar.ica in 1he fcirmi of yen ificatcis of irisureincci and a copy of the caclaralioni pagcgls,' of tha insuranaa plalicies as reiquircid Ey, this A�Ireiement, issLad Ey, Conisultanl's insLlianaa inisurcuills; as avidenca That policias arca plaeec with acceplablci irisurcnis as specified herciin anic pravide tha rciquired acvciragas, conditienis and limits oft acveiraga sp(ieified iri This Agream evil and theft sL ah cov ciraga and prov is ionis aiie in ft ll foraa am of Ocit. Confic antial informal ion suall as the policy plram iu m may be iiedaetad from tE e declaratiari plage(s) of aach insL Banca plolicy, plrcv ided th at such rac actions do not alter any of 1 h e informzrtion iiequilieid E ) this Agiieam en1. 'HE a 'Hawn sE all rciascriabl) rely L plan thci certificales of ir.isurar.icci and daclaralion plage(s) ofltha insuiianaei policies as eivideinca of coverage tut such accepllanaa and lielianca shall not waivci or aller in any way tha insurance rcigLirements or obligalions oflhis Agiiecimenl. Iflany oftha policies r(igLircid by t1lis Appiaemcmt axpirci during 1he lifci of Ibis Agrecimenl, it shall ba Consullanil's iiesponsibilit)1 to forwaiid rariawal carlificales and caclaralion plage(s)10 the Town ICI days ppiior to the axpiration data. All certificates cif lirisurar.ica and dealaralions raquireid Ey, this A�Ireiemant shall be idarilifiad by refcmcinaing this Agreamenl. A 91:1-1.00 admiriislraliva foa slh all be assessad for all certificatas or c e ilarations liaceivac withoL 1 a referciriee to tE is Agraem ant. Additionally, aartifiaatas of ir.isurance and declaration pagcgls; of the insL iianaa plalicies su bm itlled with aL 1 liaferemcir.ig This Agraerri eint will la s L E jest to 1ia'ciction and may la returnec or c iscalic ad. Certificates of insL raneci and declaral ions page(s) shall spacifically include thci following_ provisions: 2982607.1 4 (II) Thea Town, its agenls, rar1reiseantativcis, officeirs, diraclors, officials and eimplaNcies are A c c itional Insureds as follows: (a; Corrn iraiEil General Hiabilit)1 — Under Insuranicae 9eivvicicas Offica, Inc., ("]ISO") Hcirm C G 20 1003 S17 or aquivalaril. (b) Auta I-liatility — Under ISO Harm CA 20 48 or equivalaril. (c i: Hxcciss Liabilit)I — Follow Form lice underlying insurance. (2) Consullant's insurance shall be primary insuranicae with respect 10 perfarmaricie of 111^ is Agrceamcar.it. (;I) All pciliciies, eixceipt for Pncifeissior.ial BiaHlity, including Wlorkeivs' Comperisalion, wa:iva rights ciflreacivery I1subrogation, against Town, its agcrts, veprasemilatives, officers, officiials Eine eimployeieis fbr any claims amisiri€1 out of work cir servicaes parforrricad by Consultant Linder this Agreiem ant. (4) ACORD ccrlificale cifl inisuranicae fbrm 39 (20]z)10'1) is pref6ired. If ACORD cartificale ofl irisurar.iae form 29 (200:1AM: is usu, thei phrases in 11,e cianecllatiori Xpiavision "andcavor to" and "l:Lit failures to mail such not:iae shall imposei no obligalion or liabilit} cifl any kind upon tfa companN, its ageirts or reprascritaliwis" shall to dalcted. Ccarlificale fbrms tither thari ACOREI form sNail I haves similali resllriclivc languaga daleled. I ] .:I Requ:iliad lrisurariae Coverage. A. Commercial Gencmal Iliability. Consullant shall maintain "occunaenciei" forma C cmmemaial Genciral Ilial] it ity insuranicae wilif an unimpailied limit of nal less than $:1,(1(1(1,000 fcm caacif occurrcr.icc, 112,00(1,000 Products and Compleled Opcnaticr.is Annual Aggregale and a 91:1,000,(1(10 Gcriaral Aggragatc Ilimit. '➢re policy shall aover Iiatility arising f am prom scs, opcliations, iridepericant aontraeilcuas, prmuells- caompleiteid operations, personal injujiN and advcrlising injury. C oveiragc under thea policy will ba at least as Erciad as ISO Xlcilicy form CG 00 (11(1 SI?I cm eiquivalcanit 1Irereaof, inclucing bull not limitcc to, separations of insuired's calause. 'Ho tNa fullest extant allowed bN law, fbr claims arising out of1lifci parformiancei of this Agraamicanit, tliei'Howri, its agents, rapresemlat:ives, officers, cffic:ials aric eimiployeeas shall bei ailed as an Adc iticnal lrisuined undar I9O, Commicuacial Genearal Biabiliq Ac6tional lrisurac Hndorserrent fcirm CG 20 10 (12I 91, or aquivaleml, whicif shall veac "Wha is an lrisurac (9acilion II) is amendeac to irialuda as an insumad the peirson or orgariizalion shown in the Schccule, tLt onIN with respaet to liabilit)1 arising auil cifl "Nouir work" fear tl�.at insured by or fear you." lfl any HNaess insurances is Litilizu 11a fulfill 1he requirements cifl lif is subsaclion, sue} EIxceass irisurancc sl�.all ba "follow form" aqual or troadem iri covaragea scopea than uracarlNing inisurar.icea. 7987607.1 E. Veticle Iliallility. Consultant shall mainilaini Business Automobile Iliabilily insuliancci w'lh a limiil afl $1,000,(ICICI eiacih caacurrariae on Consutlant's ownec, hilieid and non -owned vohicales aassiplrieid to or usck iri thea perforrriancei oflhe Consultant's work car semuiccis uriceir Itis Appiaememl. Coueraplei will be at leaasil as broad as 130 acaueraga acaca "1" "any aaulo" plcal'ay form CA 00 (I1 12 5121 or eaquivalant thalioof. 'Ilo 1Ihe fullesil ekeint allcawac by law, ftua cila'ms arising oul of ll,e plorformaancea of th's Agreeirnorit, the Town, its agor.its, neiprasciritalivas, offiaars, c irecilors, caflicials and eamplci laes shall be aitoc as an Addilional Insured uniceir ISO Husiniass Aullo policy Desipiniat& Insu mid Hnic carsomenl form CA 20 48 car equiv aalciril. If any Bxaass insuraniae is wilizec 1I ca ftllfilI the requirerri ants of this subsocl ion, such BNaess insuirancie stall be "Nlaw fbrm" eacluial ole broaaceir in coverage sciope than underlying insurance. C. Prcaflriss'car.ial Iliatility. If itis Agliaement is thea suitjecat ofl anN praftassional sarviaeis or work, or if thea Consultant engages 'ri anN professional seruicieis or work in any waN rolailad to perftirming Ja wcuit uiricar th's Agpaeememl, thea Consultant shall maintain Pliafbss'car.ial Iliabilityl insuiranaa covering riegligent cuuiors and camissiaris arising out cafl the Seirvicaas perftarmec by the Consultant, or anyone eirriployec by the C onisultanl, or aniNcmia fhla whose niagligent acls, m'silaakes, cirrors and omiss'ans the Cunisultanl is legally liabla, with an uinirripaireid liatilityl insuliancca limit of 12,0(1(1,00(1 caacat calaim and $:1,000,(1(10 annual aggragato. D. Wlorkors' Comparnsaticin Insurancae. C anisultanl shall maintain Workers' Corriplansaticin insurancae to caveir obligailions irriplcas& by fckaral aric stale statutas t aving juiliisc icl ion over C carisultand's eirriplloyeas cir.igageac in the pleirformancae oft work or services under leis Agreiemerrl and shall alsca maintain Brriplloyers Iliatility Insuraniae of real less than 11`1(1(1,000 for eaah accidenil, $500,(1(1(1 disciase for each cimplaNae and 11,000,(I(IO discaase plaliay limit. 11.3 Cancollation anic H;apiralion Notice. Insuranicae required herein stall riot axpirei, bei ciancaled, ar be maleriall} changed withcauil 21(1 days' ppaior writtein nioliaa to the Town. 12. 'Derminadon; Canacdlaticari. 1 :1.1 For 'Dawn's Convenienaa. 11his Agreamerrl is ftar the caaniveniencia of 1:1-0 down and, as such, may to lerminailod without aausei afteli rcaaeiplt HN Consultant oflwriltari nolicia ll l lte Tuwn. Upon termination ftir cacar.ivenianca, Consuttant stall Ho plaid for all uir.idispWod saniiaos pelifbrrnm to tho teirminiaticin date. 12.2 For Cause. IfIailtor party fails ilea perform anN cat ligation puirsuiant to iItis Agraerriont and suiah parity fails to curs its nonparfbrmar.ica within SIO days aftan notica of noniplarformanaa is givan by the nein-cafaulting plart), suat part) will be in def tiulil. In iIte ovenil of suat cafault, ite non-defaultirig plartN may tarmiriata this Agreement immediately fbr cauiso and will Lave all liarricadies lhail ara auailablo to it at law or in eclu ity inaluding, wiltout limilallion, ttei remedN of specific pemftuamanicae. If the niatura afllhe def�urliling party's nonparformanca is such thal it cannot reasoniably Ea cit read within 30 c ays, iIt ein iI t o dafhu til ing party will hau e sunt ac c itional paliiods of 1 ima as maN t e roasonall ly necassary under the ciraumstariaes, prov ided thea dafWIling party imrricidialely (A,' provicas writlani notice to the non-dafkulling plait) and 11B) 2982607.1 6 eommaniees 10 ciulie its ncinpcmftirmanicie and Ihereiaf arc il:igently ciciritinu cis to eomion thea cLlie ciflils riciriperforrranaci. In no evciril shall any such eurci pericic axecieid 90 daNs. Iri thci avcrit of sucih teirminallion for clause, rlaymcirit shall ba made EN the 'Ilowri to 11ra Consullan1 for 1he L nidispullad r1cirl iciri of its fcie c L ei as of the tcirm iniaticiri date. 12.3 Duei to Work Stoppage. TN is Agliecmeml maN be Ierrriinaled bN thci Tciwri upon 11 Gays' writtan notice lice ConisLltarit in 1he avenl thal tha Scmviccis are plarmanendly abanidonec . In tr a evaril of s L ah tcirm iniatiori cue tci work stapplage, Flaymant shall ba mace by tha 'Ilowri to tr a C arisullant for the undisputad pore ion of its fcie c L a as of 1he tarmiriationi datci. 12.4 Conflict cif l Iritercis 1. This Agreierriant is subjeal to the prouisions ofARIZ. REv. STAT. �j 38-511. The Tciwn may canicel This Agraerriant witEcio penalty or furlher obligalions by tree Town or any of its ceparlmants or agancieis if any pcirsori significaritlN involvec in inillialing, negotialling, scieuririg, craffing or cmealing this Agrecimeril on bahalf oftha Tciwn or any cifl its deparlmarils or agencies is, at anytime wr ila tN is Agueameml or any exleinsiori of This Agrciarricint is in ciff6cl, an cmploycie ciflany athcr party to this Agrecimciril in aniN cai or a canis L ltarit to arty War party of tris Agraeirri cant with raspact lI c Re sL b jest mattar of this Agrecimcirit. 12._`1 Gliatuiticis. Tha Tciwn maN, by wrilter i notice to tha Consultant, cancel this Agrecimcint if it :is foL ria by 1he "Ilowri tb at gratuitieis, in 111" a fcirm of eiccincimia opportu riit}l, fL lurci emplciNmenil, ciriterlariment, gifts or olreirwise, wcire offcmeid or givciri by the Conisultanil or aniN agant cir lieprasciritalivc oflthe Consullant to aril officeir, ageril or employcici of tbci Town fair thci purpcisci of scicuring this Agrecimaril. In 1he evarit leis Agracimarit is eancelad by thci Tonin pursuaril to Iris provision, the "Ilciwni shill bci ernlitlad, in adcitioni to any ober rights aria ramec ies, tci recover and wilhhold from tha Consullanil ani amount equal to 1-`10% of 1he graluiq. 12.E Agraement Subiaell to Appropriation. Me "Ilciwn is cib ligatac cirily to pay its obligailions set forth in this Agreiemant as may lawfully be mica from funds aprluopriatac aria budgatac fhr that rlL rplosci c u Bing thci Town's lheri cL nienll fiscal Naar. Tha "Ilowri's obligations undali this Agracimciril arc currenil eixpeniscis subjacll to tha "budgat law" and 111" a unfattarac logislatiu ei c iscirel ion cif I tha Town conecmriing b u c gell ad pu rploscis and appropriation of I funds. Srould tha Town eleiet not to arlFl iopriale and budget funds 10 paN its Agraement obligall ions, this Agrecimcirit shall be caemeid teuimiriatac at the and cif the Then-cLnient fiscal yeah tarm fair wrier such filric s wara apprapriateid and b u c geitu for such plu rplcisci and 11r a Town shall b ci reliciueid cifl any su b scigL ernl cib ligation uric cm this Agrciarricirnt. Tha paries agree 111" at 1he "Dowri has rici obligalion or duty of gacic fai1r to bucgat cm apprapriale Ira paNmaril of iiia Town's cibligaticiris sat fdr1h iri This Agueement iri any budgcil in any fiscal year othar Than 11ra fisual yciar iri wrier this Agraarriant is excieutac avid caliverac. Thai 'Dowri shall be Ire sale jucga and authority iri delenrining tha ava:ilab:ilityl aflfcrids ftir its obligalions under this Agraemant. Tra Town shall keapl Consurlant iriformcic as to tha availability of finds for leis Agraemant. Tha obligailion of tha Town to make aniN rlayrricirit pursuant to this Agrecirri is not a gencuial obligation or indabtacness of 1re 'Ilowni. Corisultaril hcmeby miaivas any and all Bights to bring ary claim against thci Town from or 1ielating in any way 11ci tra "Ilowri's terminalion ciflIbis Agrearriant rlursu ant to tr is seal ion. 7982607.1 I 3. Misciallaneou s. 13.1 lr.idependcirit Caritracitor. It is claarly undcroslood Drat eacih party will acct in its individual caflacity avid riot as ari agarit, err flloycia, flartricir, joint/ -venturer, oli associate of 1he athcm. An err flloyeci or agent of I oriel party shall not be c aero ed or cionstrued to bci tha em ploy ae or agen4 of 1 r e of her for any flu rplosci wr atsociv or. 'Hr e C orisull ani acik nowledgas and agracis tE at thci Sery iccis ppioviduc under this Agrcieirr cant arca being prov ided as ari inc ciflenduril ciontraicilali, not as an eirr flloyeci or agcirit aft tE ci 'Howri. C or isull ant, ills err flloyecis and sL E conA racl ors alie not emlitled lo warkeirs' comparisation Eeinefits filom Ira Tawn. Tha'lowri caas not have the auVroliit)I to supcm-visa or cioritrol the aclual work of Consull ant, ills erriflloyeas ali sLrciomlliaclors. Tha C onsu ltanit, and not thci'lowri, shall detarmine tE ei time of I ill s pcirfbrmairicie of 1r e Sery iccis plrovicad uriceir Iris Agrecimeml so long as Carisultanl rraels tha requirerri ants oflill s agrocid Sciope oflWork as sell forte in Scictiori 2 abova. Consulllarrl is riailrer flraribiled filum antcming imla ober conlliacils nor prohill itac from praciticiing its plrofession cilsawherci. 'lawn aric Consultant ca not iniland to rior will they come ine business opcmations undali 4E is Agrecimeni. I3.2 Applicaibla Haw; Venu ei. This Agraarrient sE all be governac by the laws of tha Slaie oflArizona and suit fleirtaining to this Agraement may bei brought/ ar.ily in courts in the N ariciopa Counq, Arizona. 13.3 Laws and RcigL lai ions. C arisultaril sr all keefl fillly irifdrni and shall at all 11 irr cis during tha perform ansa of its c ul icis u nc er 1 his Agracirri emit cinsu rei 111 at it and any person for wE om tha Consultant is rasparisit le aE ides Ey, and ramairis in complliancci with, all ruleis, liegulations, orcinanaas, stailutas or laws affciciling Ora Servicas, including, but riot lirriitcic to, lihe fallawing: (A; exisl ing and fu 1 u re Town ar.id County arc inar icies ane rcigL lai ions, (B) axisting and ftturci Slalla and Ridaral laws amid (C) exisling and futurci Ocicupalional Safely anc Hcialth Admiriislralion sllandards. 13.4 Arr endmcirils. 'Ris Agrecimcirit may be modified only by a writ? an auncndment sigriad by flarsoris duly aulhorizeid lo enler into contracts ori behalf oflhe Town and the Consultant. 13.5 Provisioris Requited by Law. Elacr and every provisiari aft law and any alausci raquircic by law to Ea in Oris Agrecimarit will be reac aric enfarced as though it werei iriclL c ed E areir arid, if through m istak e or atharwisci ariy su ch prov ision is not iriscirled, or is not cianiecftly iriscirled, then upon the application oft eithcm pairly, Oris Agrecimard will promptly bei physically arr endec to makci such inser ion cm aanieialion. 11 -"1.( Sevorability. 'the fpia-visions of this Agrcierri ant are sciNeraEle to tha exleni tE at any provision or aflpliciatiari held to be inv olid by a Cour of compateni : u rise id ion sE all not affdcl any othar rluo�ision or aflpllication of leis Agliecimenl welch may rcimain in affeat withoul tE e invalid provision or aflplication. '13A Enlire Agrecimaril; Inilarpralallion; Parol Hvidenca. This Agrcierreni reflrciserrls the cir.itirci agraeimarit of Ira parlicis wilh rcisplcicil to its suEjecl rratteir, and all previous agraemerrls, whelhar oral or writlan, errlared inlla priali to this Agraerrient are hereby ra-voked aric sLflersedcid by Oris Agreement. No reprciscirital ions, warranilies, induccimcirits or oral agreements 1982607.1 11 ave becin mi aide 1 } any cfI thea parties eiN aepl as expressly soil for 11 herein, or iri ani} otl or conteimperaneous writllen a8iiaement axecuteic for tll e purposes of aairrying au 1 tll e provisions of this Agreeimerit. This Agiieement shall be coristrucid aric intevppieted accordirig to ils plain meianirig, aric no presurrpllion shall be decimec to aipply in fauoii of, cr against tle pzirty drafting this Agrecmerit. Me pan itis ask r.iowledge and agree lIl at ciacl N as N ad the cplplcrtuniq to stick wind utiliaei legzil aounsal in the draft ing cfl iieview of, zirid tintry into this Agraememl. 13.8 Assignmtir.it, Dlelei ag lion. No rigH or inlarest ir.i this Agreement shall tie assignee or deleplatec by Consullant withoull prior, writteri permission cflthe Town sigr.ied ly )Ile Town Mar.iager and ria de agailion oflainy duty oflConsuiltzint shall to made without pricy, wriblan plerrrission of the Town signed 1: I the Town Mariager. Any aiblempleid zissigrimeril or delugailion ly Ccrisultzirit in Yiolalion cflthis provisicri shall Eo a Ereaal of this Agruernieint ly Ccrisultarit. 13.9 Subacr.itraats. Na subconlracl shall be tmilertic imlc by Ile Clcrisultarit with any cii party to furnish ziri} of 111a matarizil cr serviaes specified htireiin withoull tla plrior wriblan applrcuail of the 'Hciwn. Me Consullant is resplcrisille for perfbrmanae under this Agraemenl whelher or r.ict subacritrackors acre used. Failure lIc pziy subacritraators in a timely maririeir pursuant to any subacr.itraat shzill be a material breach of 11 is Agretimeril bN Consultand. 13.10 Rights aric Remedies. Na provisicri in this Agrecimeril shall bei acrislrueic, axpreissly or EN implliaaticri, ais waived by the Town afl any exisil ing or f iturei right aric /or reirr ady availzil: M by law in the everit of any claim of dtifaull or ) reach of this Agreeimtirit. Me flailurei of the Town to insist upori the strict plarformancc of arty term or condition of this Agreeimeirit or to exercise cr delay the exeircise ofl zir.iy right or remedy plrouidec in tl is Agreement, or by law, or the 'Howri's ziaccipltariae of and payment fbr serviceis, shzill nol raleiasa the Clcrisultaril from zany responsibilities or obligallions irnplcsec ly this Agreement cr ly ]ziw, and shall nol be caemed ai waiver of any dight of the Town iic irisisl upori the strict perfkirmanae cflthis Agiieeimeril. :I Atiloiir.ieys' Fees. In the everit eitleir party brings any ziction for any iielief, dcclairalory or otherwise, arising out of this Agrtiarr ent or on accouml oft zir.iy liieach or dtifWl hereof, lle ppievailiripl party stall be entitlad llo ruci iue from the clher plarty reasonzible attorneys' Ides and reascriable aosls aric unonses, delerminec bN 1I1-ei cour sittiirig witlauit a jury, whish shall be dtieimed to Naive accrued on the acmrrencemtmil cfl such aci iari aric shall be eirifbrctid whether or riot sual aci icmi is plrestiauted iIlvough judgment. 13.11 Miens. All rr aterials cii sarvices shall be fiieti ofl all liens aric, if tl a Town requests, a formail iialciase cflall litiris stall bti delivcired to the Town. '13.1-3 Offpct. A. Offkcit fbr Dlamageis. In additiari to all other remedies at law (ir equity{, thea Town may offset from any money cuie to tle Clarisultaril any amourils Clcr.isultanil oweis to the 'Ilawri flir carrages resulling from lvaaal o1i defiaicincies in pleirforrr ance or 1 veiaal of any cl ligeiticri undtir tl is Agreeimemil. B. Ofppeil for 1]alinquenl Hees or Tags as. T11e Town may offset fiiom cry money) due to the Consullant arty zimoumis Consultaint owas lla 1Ihe Tawn for 1982607.1 celinquenl foes, lransacilion privilage taxes and plraplarty lamas, inclucing ariN intarest ar plenaltias. 1 _I.14 Notices and Raguiests. Any not:iae or alher aorrimunicat:ion required or parmittad lla bei givers under this Agrcicin it shall le in wriling and shall lei doerriad to have tear duly given ifl(A: del:ivercid to tla party all thci addreiss sell forth lalow, IjH: deposited in tla U.S. Mail, raplisterad or certified, ralurn raceiplt rcicluestcic, to tla acciiass sal font below or (C: givcin llo a recognizac and repullable ovarniight delivery service, llo lit ei address sell forth bcilow: If to the Town: "flown of Faur.itain Hills I( 7151 Hast Avanue ofllle Founilainis Founilaini Hills, Arizona EI5121E EI At11n: Grac N H. Millar, Town Manager W itE copy to: GUST RCSHNHIED P.L.C. Ona Hast Wlashiriglon 9iIrecil, 9uiitci 1600 Phoenix, Arizona 9-8(1(14-3113 Atlin: Andrew J. iV cGuiire Iflto Cor.isu ltanil: Hjiowri & Assoeiallas Ccirlifed Irisplcicrtion Servicci, Inc. 13430 Nortl Scotllsdalei Road, 9uiitci _101 Scattsdale, Arizona 0-'12114 At11n: Michael Brown or at suaE athar address, and lla 1he attcr.itiari aft such other plarsari aji afficcui, as any party may ceisignale in wjiitir.ig ly r.iotice dulN given pursuant lla this subsacilion. Nolicas shall to dcicimed racaiwic (A,' wl an deliverad to lit e party, (11311) three bu siriciss c ays altar beirig plaaec in lit e U.S. Mail, proparly addrossec, with suffieienl ploslaga aii (IC) thea fcillowing businass daN aftar being given lla a racognizac ovarniight delivcirN servica, with tEe plersan giving tha nialica paying all required cl argas and :im limuicting tE a dalivery servica to deliver ars tll ci following buisiriass daN. If a copy of a nolica is also givari lla a party's eaLinscil or ather reeipier.it, 111ei phiovisions abova goveirnirig tEa dale ari wlich a nolicei is cciemed to Nave l:eien iieeaivec by a parly shall mean and rafor to 1he cater on whiah tEci pan y, and not its counsal or alher jieicipienl to which a copy ofltho nolica maN bei sant, is decimed to lava rete vcid 1he notiae. 13.151 Conficantiali1y of Rlecares. Me Consulllant shall establish and rriainilain proceduras and contrails That aiie accepllabla to Jai Town for the plujiplase aft ensuring Thal iriformatian conlainicid in ills records or obtainec from the Town ar from othars in carrying out its obligalionis Linder this Agrearrier.it shall not bei used or c isclosed by it, its aplants, ofificcirs, aii eimpla}leas, excapll as reicluired to perform C arisultarit's c uilias under this Agreamenil. Heirsons recluest:ing suet ir.ifbrmalion slauild to iiafarrad to the 'Ilawri. Consullaml alsa agrees that any iriftirmEtiori parlaining to individual pejisonis stall vial lei divulplad other than to errploycias aii ofificcirs of C arisultanl as neat cid for the parformariae of c Lilicis under this Agreierr. ant. 3.1E Racords and Audit Rigl ts. To emsuirei tN at the C orisultanit arid its subconilractors ara aamplying with 1he wamianll}1 undar sL 1 scicrtior. 1.1.17 belaw, Conisultanil's and its sLilconlracdors' books, iieeorc s, eorrasporidence, accounling phiaaeduras and practices, anc arN 2982607.1 1(I athero supporting av iderice ralal ing to this Agraarrianit, inicludirg tl a paplars of any C oris a ltanit and its subaontractars' amplo} aes who paufbrm any work ou services pursuanl to this Agraerrieml (all oft tl a foragoing 11 areiriaftali liefarrad to as "Macorc s",, shall b a opani to iris paction aric su biact to audit aari0or raplrodu ction during normal walib ing N au rs by 1he 'Ilowri, to the axtarit nacassaryl to adacluataly plarmit (A) evalualion anic verifiaatiori of aril invoices, playrriants or claims basad on Consultant's and its subcaril racl ors' actual costs (iriclL c ing c irecit and indiract costs and ov erli aad allocations' inaLluiad, or unils exparicad cireatIN in 1he plerforrrianca of work under this Appieamenil and (B) evaluallion oflthe Carisullanil's and its subcontractors' acamplianaa with 1he Mizoria amployer saniciticaris laws refaliancad iri subsacllion 13.17 beilow. To thea extent nuciessary for tl a Town to audit l4eicords as sat fbri h in tl is s L b saation, C onisu 11 ant and ill s subaontractolis heraby waiva any rights 1 o b aep su ch Records aonifidaritia 1. For 1 he purpose of evalual ing or verifyjing such aatuall or clairnad aosts or unils axplendac, thei 'flown shall Nave aaaess to said Records, evari ifllocaatad at its subconilracilors' Mailities, from tlia affOctive dada afltilis Agraamant fbr iI he c u kation of lI ha work aaric until tl reie )oars aaflaii tha dale ei of final playrri ant Ey tli a Town to Consulllant pursuant to tN is Agreierri ant. Consultant and ills sL b contractors s 11all provic a the Towri with acaquale and appropriata worksplaaa so that the 'Ilowri can aonducl audits in compliaricae with tl ei ppiov isions tiff tN is su b s eiction. 11ha Town sl all give ConsL ltarit ali its suboonitractolis ueasoriabla ac vancei notiae tiff intandec audils. Consultant shall requirci its su bcontracllcros to comply with thea provisions of this subseciliori by insertion tiff tlia racluiramemis hereof in any s u b aontliacl pu rsuanil lI a tl is A gueam errl . 13.17 H-vorify Mequivarriants. To tl a exlent applicab le undar ARIZ. REV. STA u. �j 41-4401, lihe ConisL ltanil and its sL b contractolis warrarit corriplliariae with all f6dera l immigrations laws and rciplL lations that reilale to lheili employcias anic their (icamplianae with the H- varifyj reiquiramarils undali ARIZ. RIAV. STAB. § 33-214(A). Const ltarit's or its subcoritracator's failure to comply witl sucl waniantN shall be deamac a mataliial blieach of this Agrcierriant and ma) rasult in 1he tarminaalion oflllhis Agrecimarit b}l tlei llowri. 131.18 Israeal. C oris a ltaril ccirl ifies tN at it is not au rreml ly engaged iri, and agraes fpm tl^a culiation oflthis Agraerri ant 1hall it will not angaaga in a "'bca}lcotal," as 1hall teirm is ceifinad in ARIZ. RAv. STAT. § 351-393, of4sracal. 13.19 Conflicling 'larrris. In tla evant of any incorisisleney, caonflict or ambiguity) among liha lerrris tiff this Agreiement, 1he Scaope of Warb or 1he Fee Proposal, tla docurriants shall govern in the order listad lieireiri. 131.20 Non-Elxalusive Conilraat. This Agraamarit is arilerec inlo with the undarslaric ing and Equaement thal it is for 1he sole aonvariiericae afltila Town. Tha Town resenieis tl ei right to obtain lika goods and sere iacas fiiom anon ller source wl an nacassary. 151IGNA-HU RBS ON FOLILOWING PAGES] 7 98 2607.1 IN WITNESS WIHERBOF, thea pail ias herato ravel axacullad this Agroamorit as ofltNei darter aric Naar first sat forth above. "Tome" TOWN OF FOUNTAIN HILITIS, an Arizona municipal corporal ion Grady H. Miller, 'Hawn Managar ATTHH'H: Heivalyn J. Hander, dawn Clork (JAC KNOWIIIBI)CWN'1I; S'HATH OH A141ZONA ss. C OUN➢Y OF MAIRICOPA ' On , 2017, taforei rria personally appomied Grady E. Millar, lire Town Mar.iagar of the TOWN OF FOUNTAIN HILILS, an Arizona rriLnic:irlal corplaration, whose idenilill}l was pravan 10 ma on the basis oflsat:isfacllar}l eividencie to bei tra pemsani wro ha claims 10 11ei, and a4riowledgck shat her signiad tha arove doaLimaril, on N&alfl of tEa Town oflFaLrrtain Hills. Nota D Public (Affix nialary seial hara) [SIGNATURES CONTINUE ON FOLIDOWIING PAGHI_1 2982607.1 la "Cousultanf, BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC, an Arizona corporation By:ugLcoci Name: / nLIAlh,4 R. 3Roto (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On..� 31 , 2017, before me personally appeared (Ytn.(inda.. '6mt. � , the Oulu,,-/Sor eiu.l..,� of BROWN & ASSOCIATES CERTIFIED BNSPECTION SERVICE, C, an Ari ona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. (Affix notary seal here) 2982607.1 13 r Notary Public BXHIE I'Il A TO 1HROFH9SIONAL SERVICH9 AGREEMENT BEIIWEEIN THE 11O W Nl OF FOUNIIAIN HILLS AND BROWN & ASSOCIATES CERTIFIED IN'SPElCTION SERVICE, INC. [Sc cillci cifI Wark] Set fo Iowiing pagci. 2982607.1 TO"N CIF FOUN-nAIN HILLS CIN- CALL BUILDING SAFETY SEFVIC ES EXH IBM A - SCORE OF" OF K A. BUILDING RLAIN REVIEW SSRVICIES BRO"N 8 ASISICICIIAiIES stall pra%icEi as rIENICEIc BUILDING PLAN REVIE" SERVICES to assL rEi compliaricie wilt Codes aric Ondiriaricies as ac arlied by it E1 flown of FOL ntain Fills. Review timE1 far plans at all L El in aaciondance with the follawing table. RRCI, ECIT TYPE / SIZE STANDARD REIVIBW EXREDIIIED REVIEW Slingla Family Resic eriiial 9 to 10 5 ML lii-family Residential 9 is 10 5 Clommeraial lo 75,000 scl. ft. 10 5 Commencial 75,CI(11 to '150,000 sq. ft. '12 lo 15 7 C ommeraial greater than 19(1,000 sq. ft. 15 8 W anel Use 150,CICI1 to 500,(1(1(1 sq. ft. 20 1(1 "anehouse 9CIC1,00'1 llo 1,000,000 sq. ft. 30 19 Fine Riiateclliciri Systems 9 to 10 5 Rlan Review flees as determiriec by the currerii ICCI BLilcing Valuation ilable and Penmil Fee Tatle '1-A on ite racist aLnnent fee struaiure acarlied by 'Ite Town of Founiain Hills. Plan Review Services shall inGILce two e%aluaiiaris fan cote compliance in the following ciategonies; Arat iteci a ral, Si nuci L nal, Mechanical, Plumk incl, Electrical, Model Eriengy, Life Sailety aric Aaciessibility. . Fine and Civil Review, sL t segL ent rM iews, deferrec sL t mitials, aric nevisions to plans ane atangec hourly. B. BUILDING INSRECTION EIERVICSSI BRO"N 8 ASSICICIIATES shall rInavide BUILDING INSPECTION SERVICES lo assure ciomplianae Witt Codes aric Ondiriariaes as adopied by tt a ilcitiiri of FciL riiairi Hills. HXHIE H E TO PROAESSIONAL SEIRIVIC HS A C RBEME NIT BEITWEEN THE TOWN OF FOUNTAIN HILUS ANI; E ROWN & ASSOC IATEIS CEIRTIAIED INSPECTION SEIRVICEI, INC. [Ria Nropasal] Scie follaw;ing page. 7982607.1 TOM OF FOUNIIAIN HILLS ON-CALL PLAIN RE\�IEWSERVICES EXH IBM B- FEE SCHEDULE For sei iices describe( iri EYl- 10111 A, the Towri of Fou niain Hills -:ii Flay Bnown & Alssoaizites a felEl ol175% of the tuik ing plan cil'eck fees deiemmined ty the cu anent ICC Building Valuation Table and Renmil Fee llatla 'I -A on the moss cu anent fee sinuciu ne adopteic by the Tamin of f1(ILMain Hills. Fire aric Civil re\iews, third aric subseqLerii, defeuned sLbmittals, and rEIVisions to apiplroveic plaris are subject to additional plan neview flees M h ou my rales listed below. Ray meni will be made ori a mariihly basis fnom invoices provi(ed io the flown. HOURLY RATES Builc ing Official $100 Fire Marsh al $100 Project Manager $100 Sltuu citural Engineen $99 Fire Rrotecition Engineen $90 Cli%it Engineen $9a Slenicui Rlaris E)aminer $9a Slenicin BL ilding Irispecior $9a Built ing Inspecior glEla Sleriian RElllmit Specialisi plea Cllerical / Admiriisination glia Expeic iced plan neview sai iices ane available ai twice 1he cialoulaied cm hourly nate, as agreieic L Flori ai aaoeptariae of project. Expeic iced, It efore on after hon r, weekend and holiday insplecition sei iices are availat lei fcm one and a h alf lini'Ih ei regulan h ourl) rales, with a ih nee h ouu minima M. Brown & Associates Holic ay IS& edu lei iriclu de: New Yeaus Day, Presidents Day, Memanial Day, Independence Day, Labor ❑ay, Th arikagiving Day, and Chi isirr as Da). We will be availat Is ai cw n regu lar hourly nates on flown H cdida) s no'I obseNied by Bnowri & Associates. EIAHI111111 C TO PROHESISIONAIJ SERVICES AGRBEMENT BEIIWEEN THE TOWN OH ElOUNTA IN HILLS AND BROWN & ASHOCIATBS CERM111BE INSPECTION SERVICE, INC. [)Mork Ordcula] Seci following pages (1a bei attached sub:iciquenl to oxciculion). 2982110 7.1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 6/15/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of (1) four BUDGET TRANSFERS from the General Govemment Contingency: 1) $45,000 for Community Garden expenses incurred by the Town; 2) $107,979 for repairs to the Shea Blvd./Palisades Blvd. water features; 3) $15,000 for contracted building inspections; (4) $2,000 to purchase a spectrometer; and (2) one BUDGET TRANSFER to the Vehicle Replacement Fund for $2,300 to purchase a new Bobcat utility vehicle for Fountain Park. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): 1) The Town incurred expenses in order to assist in the establishment of the Coummunity Garden. Some of the costs incrurred inculde installing a water line and water meter, installing conduit and electrical items, landscaping as well as design services. 2) The water feature developed some leaks and was not functioning. The Town hired a contractor to repair the water feature. The costs included fixing the leaks, repairing/replacing pumps, valves and piping and draining/recoating/refilling pond and replacing landscaping. 3) Contracted building inspections and plan reviews were more than anticipated due to more permit activity. 4) Due to the new Zoning Ordinance, Chapter 8, a spectrometer needs to be purchased to aid in regulation and enforcement of the Ordinance .5) The current utility vehicle is unsafe to drive, beyond repair and needs to be replaced for Fountain Park. The vehicle was scheduled to be replaced next fiscal year but unfortunately did not last that long and needs to be replaced now. Risk Analysis (options or alternatives with implications): Without these transfers, the various programs will have a budget shortage and not be able to complete the work that is desired Fiscal Impact (initial and ongoing costs; budget status): $172,279 Budget Reference (page number): Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: No Page t of 2 Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Budget Transfer forms SUGGESTED MOTION Icor council use): Move to approve BUDGET TRANSFERS in the amount of $172,279. Prepared by: Direc rs Appro I: uatm�P— Lmig u o y, 9nance6 or €'W761i� Alin oved: Grady E. Miller, own anager 8/8/2017 Page 2 of 2 06/05/2011 10:44 TOWN OF FOUNTAIN BILLS BBogdau I BUDGET AMENDMENTS JOURNAL ENTRY PROOF IN ORG OBJECT PROD ORG DESCRIPTION ACCOUNT DESCRIPTION PREV ACCOUNT LINE DESCRIPTION EFF DATE BUDGET P 1 bgamdant BUDGET AMENDED CHANGE BUDGET ERR YEAH -PER JOURNAL EFF -DATE ARE 1 REF 2 SRC JNL-DESC ENTITY AMEND 2017 12 3. 06/15/2017 BOA CONTINGENC 1 8 1 PRTRAIL 6416 OPEN SPACE/TRAILS COMMUNITY CONTRACTS/EVENTS .00 45,000.00 45,000.00 100-50-50-502-540-1505-6416- COMMUNITY GARDEN EXPENSES 06/15/2017 2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 582,626.41 -45,000.00 537,626.41 100-10-15-110-100-0106-7010- COMMUNITY GARDEN EXPENSES 06/15/2017 3 STOPEN 6260 STREETS -MEDIAN MAINT OTHER MAINT/REPAIR .00 107,979.00 107,979.00 200-40-30-302-300-1505-6260- SHEA/PALISADES POND REPAIRS 06/15/2017 4 GEM 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 582,626.41 -107,979.00 474,647.41 100-10-15-110-100-0106-7010- SIEA/PALISADES POND REPAIRS 06/15/2017 5 DVSBS 6412 BUILDING SAFETY CONTRACTUAL SERVICES 60,000.00 15400.00 75,000.00 100.20.40-402-100-0240-6412- ADDITIONAL INSPECTION SERVICES 06/15/2017 6 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 582,626.41 -15,000.00 567,626.41 100-10-15-110-100-0106-7010- ADDITIONAL INSPECTION SERVICES 06/15/2017 7 DVSPZ 6606 PLANNING & ZONING EQUIPMENT .00 2,000.00 2,000.00 100-20-40-401-100-1624-6606- SPECTROMETER 06/15/2017 B MAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 582,626.41 -21000.00 580,616.41 100-10-15-110-100-0106-7010- SPECTROMETER 06/15/2017 " JOURNAL TOTAL 0.00 APPROVED: DATE: RFI o t 06/05/2017 10:44 (TOWN OF FOUNTAIN BILLS BBogdan BUDGET AMENDEW JOURNAL ENTRY PROOF CLERK: BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE JNL DESC REP 1 REP 2 REP 3 ACCOUNT DBSC LINE DISC T OB DEBIT P 2 bgamdent CREDIT 2017 12 3 BUR PRTRAIL-6416 COMMUNITY CONTRACTS/EVENTS 5 45,000.00 06/15/2017 CONTINGENC T COMMUNITY GARDEN EXPENSES EUA GENAD-7010 CONTINGENCY 5 45,000.00 06/15/2017 CONTINGENC T COE40NITY GRRUEN EXPENSES BUA STOPEN-6260 OTHER NAINT/REPAIR 5 107,979.00 06/15/2017 CONTINGENT T SREA/PALISADES POND REPAIRS BDA OM-7010 CONTINGENCY 5 107,979.00 06/15/2017 CONTINGENC T SHEA/PALISADES POND REPAIRS BCA DVSBS-6412 CONTRACTUAL SERVICES 5 15,000.00 06/15/2017 CONTINGENC T ADDITIONAL INSPECTION SERVICES BOA GENAD-7010 CONTINGENCY 5 15,000.00 06/15/2017 CONTINGENC T ADDITIONAL INSPECTION SERVICES BOA DVSPZ-6606 EQUIPMENT 5 2,000.00 06/15/2017 CONTINGENC T SPECTROMETER BOA ORHAD -7010 CONTINGENCY 5 2,000.00 06/15/2017 CONTINGENC T SPECTROMETER JOURNAL 2017/12/3 TOTAL .00 .00 05/25/2017 17:17 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROD ORG DESCRIPTION ACCOUNT DESCRIPTION PREY ACCOUNT LINE DESCRIPTION EFF DATE BUDGET YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 2017 11 11 05/02/2017 NEN 1 VRAD 8010 VEHICLE RRPL-ADMIN 810-10-15-901-000-2207-8010- 2 GEPOP 6418 GEP-OPERATIONS 100 -50 -50 -502 -510 -1515 -6418 - SRC JNL-DESC ENTITY AMEND BOA FP BOBCAT 1 VEHICLES NEW BOBCAT FOR FP LANDSCAPE CONTRACTS NEN BOBCAT FOR FP ** JOURNAL, TOTAL APPROVED: DATE: MAYOR P 1 6gamdent BUDGET AMENDED CHANGE BUDGET ERR 225,000.00 21300.00 05/02/2017 21,800.00 -2,300.00 05/02/2017 0.00 227,300.00 19,500.00 Z 05/225/2017 17:17 OF FOUNTAIN HILLS P2 2 (TOWN BBo dan BUDGET AMENDMENT JOURNAL ENTRY PROOF b amdent CLERK: BBo2dm YEAR PER SNL SRC ACCOUNT ACCOUNT DESC T ON DEBIT CREDIT SPY DATE SNL DESC REP 1 REP 2 REF 3 LINE DESC 2017 11 11 BOA VRAD-8010 VEHICLES 5 2,300.00 05/02/2017 FP BOBCAT NEW T NEW BOBCAT FOR FP BOA GEPOP-6418 LANDSCAPE CONTRACTS 5 2,300.00 05/02/2017 FP BOBCAT NEW T NEW BOBCAT FOR FP JOURNAL 2017/11/11 TOTAL .00 .00 ,IlTOWN OF FOUNTAIN HILLS "WAP;7 TOWN COUNCIL \Z� .-AGENDA ACTION 'FORM Meeting Date: 6115/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; rharrel c@r�,fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving RESOLUTION 2017-20, abandoning whatever right, title, or interest the Town has in a portion of the certain 20' Public Utility and Drainage Easement located at the rear property line of Plat 111, Block 2, Lot I (16405 E. I -leather Drive), as recorded in Book 150, Page 12, records of Maricopa County, Arizona. (EA 2017-02) Applicant: Wayne Kibbe Applicant Contact Information: 16405 E. Heather Drive, Fountain Hills, AZ 85268; E-mail: wckibbe a@cox.net; Tele: 480-825-7752 Owner: Wayne M. Kibbe and Cynthia A. Kibbe, Trustees for the Aretus Revocable Living Trust Owner Contact Information:. Same as applicant Property Location: Same as applicant Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon a portion of the 20' Public Utility and Drainage Easement at the rear property line of Plat 111, Block 2, Lot 1 (16405 E. Heather Drive), as shown in Exhibit "A". All of the public utilities have approved of the abandonment of the easement on this lot, except that: * CenturyLink's approval is only to "release the easement in the rear .... The easement to the east will remain." * EPCOR's approval is for ".... abandonment of the existing PUE along the back property line ...." " Although Cox approved the full easement abandonment request, their existing CATV pedestal actually lies within the easterly side easement. Because of the steep bank outside of the existing masonry rear wall, Engineering recommends retaining 4' of the wash side of the existing rear drainage easement, which lies on the slope down to the wash, outside of the rear masonry wall. The side drainage easement "will be retained to allow potential future emergency access to Legend Wash", as it had been previously shown (as quoted) on the adjacent Lot 2 partial rear easement abandonment (EA07-15; recorded at 2007-0905215 MCR, on 8-10-07). The applicant desires to construct a swimming pool within the southwesterly portion of the currently masonry - fenced back yard. Both their proposed swimming pool location and all of the above -requested retained easement areas are being accommodated in this abandonment. Page 1 of 2 Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of abandonment of a portion of the existing PUE/DE at the rear of this lot, as shown in the attachments. List Attachment(s): Vicinity Map, Aerial Photo Map; Resolution; Exhibit "A" Map SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2017-21, abandonment of a portion of the Public Utility and Drainage Easement at the rear property line of Plat 111, Block 2, Lot 1. I Approved: JQl Grady E.Miller. Tow ager/ &W2017 Page 2 of 2 RESICILUTICIN 211171-20 A REISOLUTION OF IIHE MAYOR AND COMMON CCIUNCIL OF IIHE IIOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, IIIIILE, CIR INIIEREISII Ill HAS IN A PORTION OF THE CEIFUAIN �I0' PUBLIC UIIILIIIY AND DRAINAGE EAS EMEINTS L OCATB❑ A71 THE REAR RROPBR-IY LINE OF RLAIT 111, BLOCK -.I, LOBI 1 1116409 EA.rI-I HEA -THBR DRIVB;, AS RBCOR❑B❑ IN BOOK '19CI, PAGE 12, RBCOR❑E-1 OF MAIRICIOPA COUNTY, ARIZONA. (EA 20'17-11 WHEREAS,1he Maycm aric Council of the llawn of Fountain Hills Qtf a "llawn Council"), as the go%erriing L acy of reial pmoperty loaateic in th ei Towri oil Rau ritairi Hills illhe "flown"), ma} imquire il,e dec icaticn cd public :Ilrelet%,ewer, water, c iiairiage, aric cdheii u iilit} easements or righls-cif way wilhin an} praFloaeic sub( i%inion; and WH EREA E , ih a Mown C au ricil F as th a au th exit} to aceegt or reijeiat offlems oil c eidicaiion of piiivaie prcgerty b} easement, deet, su L c Nisiori, Fllat or oll,er lawlul mearis; aric WH EREA , all piieserii utility compariieis h ave receivec nolificatieri cd thea praFloaec at andorimerd. N OW TH EREFORE, BE IT RESOD a❑ BY IIH E MAYOR AN ❑ C OU N C IL OF TH E IICIWN CIR FOUNIIAIN HILL, asfcllcws: SECTION 'I. Thai a Flortion of tl,e certain Ili Hoot 112I0') public utility and drairiage eiasemeni, at th ei reaii preFlemty line cd Plat 'I 'I '1, Block el, L cd 1, Rau ritairi Hills, as neecrdec th ei Offices of th ei COL rill} Recor( em oil MariceFla Ceu rity , Arizona, Book '150 of Maps, Page '12, anc as mcme Flar icularl} descrit ec in Er P it ii A, aitaahec hereto and iriccmgoralec P erein LN reilererice, are h ereL y dealaned to be at aridonec t y tl, e Town. Certain lots will hin th is eiu t division aIle su L jecl to Ia1-to-Icd c nainaclei ru ncrfll. The preFlerty ownem is maquirec to Flas:i 1he cevelOplec flewis genenatad by the Lpistneam lolls acmoss ti' ein Flilopeirli SECTION �I. Thai ihi;i REI801u'licin is ane cd abanc erimerd and disclaimer Ly ihei llowri scdely fcm the purplosei oil iiemcvincl an} Flalerilial alouc on tP ei litle to said Fliiopert} aric Thal 1he Ilcwn in rio way a1Vempits to afllect'IF a iiighis cif an} piiivaie party tc oprlase tP ei at andonment ail assert ariy night reisu Iirig 1 heirs lrarri or er istiricl piieviou s lo any actiori by the (lawn. PASSED AND ADOPTED BY 11 h e Mayor and C ouncil c If tH a Ilc win c f Fountain Hills, June 15, 2017. FOR THE IIOWN OR FOUNTAIN HILLS: L inc a M. K avanacV N ay or REVIEWED BY: Giiady E. N iller, flown Manager ATIIESITED *ICI: Beivelyn J. Bender, Tow in Clemk APPROV ED ASI TO RCIRM : Andrews N cGuiiie, Mown Aitci S NORTH SCALE: V - 35 ' TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP McDOWELL MOUNTAIN PARK TOWN BOUNDARY Q� pro; 7J{�' T a N J J Q Q !V G f Q 4 SALT RIVER PIMA MARICOPA INDIAN COMMUNITY N U) a > W 0 O N W WV X04 VI F- Y e I- 0 0 ¢ Z0. ¢ W a m 1 7 -w 0 W, N �O�Y+o wroos, • �� O iQi of ¢ O w r�S o LL m W O W j ¢ W Q a N w 0 ¢ TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 111 BLOCK 2 LOT 1 4' & D.E. DN 16' & D.E. 90 ,00,0 R = 20.00' L = 31.42' RETAIN 10' /12 BLOCK LOT 6 .t•=W DATE: 6-1-17 N ' 16545 RA ' NDY L HARREL Meeting Date: 611 512 01 7 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia Kukkola/Financial Services Technician (480)-816-5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of a LIQUOR LICENSE APPLICATION submitted by Theresa June Morse, Agent of Mucha, Lucha Taco Shop FII, LLC DBA Mucha Lucha Taco Shop, located at 16754 E Glendale Blvd Fountain Hills, AZ. This is for a series 12 (Restaurant). Applicant: Theresa June Morse - Agent Applicant Contact Information: 480-353-8035 Owner: Jaime Zarraga Owner Contact Information: 602-810-1500 Property Location: Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a for a Series 12 (Restaurant) liquor license submitted byTheresa June Morse, Agent of Mucha, Lucha Taco Shop FH, LLC DBA Mucha Lucha Taco Shop. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): N/A Staff Recommendation(s): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (far council use): Move to approve LIQUOR LICENSE APPLICATION. Page 1 of 2 Preparedb . UL -41 Sonia KuKKoia, Fmanciai 6ervices iec n c aPTT nmil 015/ 17 Direda�i MPre"a Craigop Finance Grzecto Si2017 APP vetl: ZZ - V� Grady E. Miller, Toxeager 6/5/2017 Page 2 of2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 5/17/17 • Streets Division Denied • Fire Department P & Z • Building Division x • Community Services • Development Services Rachel Goodwin • Law Enforcement - • Licensing Building Safety FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Mucha Lucha Taco Shop FH, LLC DBA Mucha Lucha Taco Shop, located at 16754 E Glenbrook Blvd Fountain Hills AZ 85268 Applicant: Theresa Morse Date(s) of Event: N/A Date Application Received: 05/08/17 Town Council Agenda Date: 06/15/17 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z Bob Rodgers x Community Services Rachel Goodwin x Building Safety Peter Johnson X Fire Department Jason Payne x Law Enforcement Mark Fisher x Licensing Sonia Kukkola X Street Department Justin Welty x Attach report for denial or any recommendation requiring stipulations. 05-08-17A08:07 RCVD4 DLLC USE ONLY Uaria i I'llArizona Department of Liquor licenses and Control 800 W Washington 5th Floor ncceptl d: Phoenix, AZ 85007-2934 ocBo www.azliquor.gov csx S f eerzoop (602)542-5141 l� Application for Liquor License Type or Print with Black Ink APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE A service lee of S25 will be charagg for all dishonprgo ChecksA 44-6952 SECTION 1 Type of Uceme SECTION 2 Type of Ownership ❑J.T.W.R.O.S. ❑Interim Permit []Individual ONew License []Partnership ❑Person Transfer ❑Corporation ❑Location Transfer (series 6, 7 and 9) [Z]Limited Liability Co []Probate/ Will Assignment/ Divorce Decree (No Fees) []Club ❑ Seasonal []Government ❑Trust ❑Tribe ❑Oihw (Explain) SECTION 3 Type of license []Add Sampling Privilege for Series 9 and 10 only (Complete Sampling Privilege application) A.R.S.§4-2D6.01(G), (H), (I) & (L) ❑ Add Growler privileges [restaurant, series 12, license only. 300 -foot restriction applies) A.R.S.§4-207(A) & (B) QQ I.Type of License )restaurant, bar etc.): RESTAURANT #12 2. LICENSE # (if issued): SECTION 4 Applicants 'PI654sa. T I. Agent's Name: MORSE THERESA JUNE rml rM MMtlb 2. Applicant/Licensee Name: MUCHA . LUCHA TACO SHOP FH, LLC R)(xk•Ty Io.n..Mp ^°^'v wyp•aewn.nNp =IwcMtl.n..<mn rt 3. Business Name (Doing Business As -DBA): MUCHA LUCHA TACO SHOP 4. Business Location Address: 16754 E GLENBROOK BLVD STE 103-104 FOUNTAIN HILLS AZ 85268 MARICOPA (oo rot.seroem) cry ra s. rip c.tl. c..av 5. Mailing Addres PHOENIX ARIZONA 85004 W�.n.rpnne.ncevmwm.ewr. rMrnm�ryn.a can sra. ... �..._ 6. Business Phone: PENDING 7. Email Address Daytime Contact Phone: 480-3538035 B. Is the Business located within the incorporated limits of the above city or town? ❑7 Yes❑No If you checked no, in what City, Town, County or Tribal/Indian Community is this business located? Department Use OnlyFees: I QD • Q0 S C) •CCS 6 ISO Appfipl IMNMP see lmpeclnn Hoyer Mds Total of AB Feer Is Arizona Statement of Citizenship & Alien Status for State Benefits complete? Ayes ONO 2/24/2017 page I of 5 Indivauok re rg ADA accommodoflons please call 16021542-9027 Meeting Date: 6115{2017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Sonia KukkolaiFinancial Services Technician {480}-816-5135 Strategic Planning Goal Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of approving an APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE submitted by Andrea Dahlman, Agent of Walgreen Arizona Drug Co. DBfA. Walgreens ##06060, located at 16415 E Palisades Blvd, Fountain Hills, AZ. Applicant: Andrea Dahlman Lewkowitz Applicant Contact Information: 602-200-7222 Owner: Multiple Stock Holders Owner Contact Information: 602-200-7222 Property Location: Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4-203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding an APPLICATI0N FOR AGENT CHANGE, ACQUISITION OF CONTROL -RESTRUCTURE submitted by Andrea Dahlman Lewkowitz, Agent of Walgreen Arizona Drug Co. DBA Walgreens #06050. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation (s): NIA List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION (for Council use): Move to approve the APPLICATION FOR AGENT CHANGE, ACQUISITION OF CONTROL - RESTRUCTURE. Page 7 of 2 Prepared b i Sonia—RuKKOla, Pma ual�TTiciantibizvW 4"U. Direct o' Approva Zraig ...,pyy, Finance Dircurr 3�gb9T Ap ved: Grady E. Miller, Toprrt, @pager 615)2017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 5/17/17 • Streets Division Denied • Fire Department P & Z • Building Division K • Community Services • Development Services Rachel Goodwin • Law Enforcement Licensing Building Safety FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded onto the Town Council for their consideration of this application. Name of Organization: Walgreens Arizona Drug Co DBA Walgreens #06060, located at 16415 E Palisades Blvd Fountain Hills AZ 85268 Applicant: Andrea Dahlman Lewkowitz Date(s) of Event: N/A Date Application Received: 05/15/17 Town Council Agenda Date: 06/15/17 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z Bob Rodgers K Community Services Rachel Goodwin K Building Safety Peterlohnson K Fire Department Jason Payne K Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. >-1 17P)._:'>9 RC1_ DLLC USE ONLY State of Arizona Date PYoceseed Department of Liquor Licenses and Control 800 W. Washington 5m Floor a0.: Phoenix, AZ 85007 60s W. (602)542-5141 p - APPLICATION FOR AGENT CHANGE -ACQUISITION OF CONTROL -RESTRUCTURE NOTE: 1) The fee for an agent change MUST be submitted with this application: $100.00 for the First application and $50.00 far each additional application, not to exceed $1,000.00.(A.R.S. 4-209.H) NOTE 2) the $100.00 fee for restructure/acqulslFion of control MU41 be submPed with this application. (A.R.S. 4.209.A) SECTION 1 Check [:]Agent Change ®AcquisUfon of Control �tezhucture appropriate Complete Sections 1,2,3,4,58 7 Complete Sections I a, 3 17 Complete Sections 1,2,3,63 7 o,. boxes SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE. ACQUISITION OF CONTROL OR RESTRUCTURE) 1. Name: LEWKOWITZ ANDREA DAHLMAN 10075913 Fa4mFGAGEMORNINAGUIT) inti y tgyy acerNel 2. Owner Name: WALGREEN ARIZONA DRUG CO. Carp Hie IF: 00449518 r&a .Rappeasanu,arua msl (RaPWaaWe) 3. Business Name: WALGREENS#06060 Email: ANDREA@LEWKLAW.COM rrxaR7a bappan as Waa uaeae) 4. Business Location Address: 16015 E PALISADES BLVD FOUNTAIN HILLS MARICOPA 85268 raemlw R.M. Number) aly couw yP S. Is the Business located within the incorporated limits of Me above City orTown?EY-CINo 6. Does the Business location address have a sheet address for a City orTawn but is actually in the baundodes of another Clty.Towns Triol Reservation? ❑(e�X Jo It Yes, what City. Town orTribol Reservation is this Business located in: 7. Mailing Address: PHOENIX AZ 85004 M stall S1p e. Business Phone: (480)837-6748 Daytime Contact Phone —11110- 9. 11109. Does this transaction involve the sale of any portion of the percentage of ownership or corporate stock?Ofes❑ao If yes, submit a certified copy of minutes. I1�LL'' 10. Has there been any change of Controlling Persons? Lpesao if yes, submit a copy of the minutes, amended articles of organization and/or amended operating agreement showing change SECTION 3(COMPLETE THIS SECTION FOR AGENT CHANGE, ACQUISITION OF CONTROL OR RESTRUCTURE) Each new person fisted in section 111 must submit a questionnaire (form LICOI OV7 and a Department approved Bngerprint card which maybe obtained of Me Department of Uqum. A Controlling Person already dhclosed to Me Department is not mqu4MM to submit a questionnaire. I. lit all Controlling Persons to be disclosed. current and new. New Lml Fist ANtltlk TRIe Atlbea C stale FI 11 SEEATTACHED El (ATTACH ADpmONALMEEgE) IF NECESSARY) List stockholders, percentage owners and/or ControRng Members owning R Me ownership is owned by anoMa entity, ATTACH AN OWNERSHIP FLOWCHART SNOWING THE OFFICERS ON out 10% OR MORE OWNERS FOR THE ENTITIES. Attach additional sheets as necessaryIn order to disclose an persons. 11/18/2035 Page i of Indvdwh requiting ADA occommodatiom please cad 1602)542-9027 Meeting date: 6/15/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting department: Administration Staff Contact Information: Sonia Kukkola/Financial Services Technician (480)-816x5136 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of a LIQUOR LICENSE APPLICATION submitted by , Peter Pizzurre Owner of Monte Doro Ristorante LLC DBA Pietro's , located at 9860 N Suruner Hill Blvd #1, Fountain Hills, AZ. Thus is for a series 12 (Restaurant). Applicant: Peter Pizzurre- Owner Applicant Contact Information: 480-353-8035 Owner: Peter Pizzurre Owner Contact Information: 480-816-3400 Property Location: Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-201; 4-202; 4203 & 4-205 and R19-1-102 and R19-1-311. Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a for a Series 12 (Restaurant) liquor license submitted by Peter Pizzurre, owner of Monte Doro Ristorante LLC DSA Pietro's. The application was reviewed by staff for compliance with Town ordinances. Staff recommends approval of this liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): N/A List Attachment(s): Front page of the application and staffs' recommendation SUGGESTED MOTION tfor council use): Move to approve LIQUOR LICENSE APPLICATION.. Page 1 of 2 Prepare (I $oma Kuklmla. ervices TTician 6I5 2017 Directo�Approval i9Ru cpyFnretoairer l5l Ap E: VL Grady L. Millar, To Ma ger 6/52017 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 5/18/17 • Streets Division Denied • Fire Department P & Z • Building Division X • Community Services • Development Services Rachel Goodwin • Law Enforcement Licensing Building Safety FR: Sonia Kukkola, RE: Liquor License Application Financial Services Technician Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staffs recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Monte Worn Ristorante LLC DBA Pietro's, located at 9800 N Summerhill Suite #1 Fountain Hills AZ 85268 Applicant: Peter Pizzurro Date(s) of Event: N/A Date Application Received: 05/15/17 Town Council Agenda Date: 06/15/17 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A P & Z Bob Rodgers X Community Services Rachel Goodwin % Building Safety Peter Johnson X Fire Department Jason Payne X Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. '17 my i9 Lmr. Lic FWV4 M1 ----- 04C USE ONLY 11F I Uesese: Arizona Department of liquor Licenses and Control I.TYpe of License (restaurant, bar etc.]; Senes12 2. LICENSE # (if iswed): —T 800 W Washington 5th Floor Acc ea Phoenix, AZ 85007-2934 Al toChomps! l il dljfmtgd,ph-k 14f56 a e.� �1 SECTION 1 Type of Uceree SECTION 2 Type of Ow Mhlp www.adiquor.gov ❑i.T.w.R.Os. al (602)542-5141 New License ❑Panne ship M1 ----- A.RS.§4-206,01IG), (H), pl & (L) 11F I AppOcar Uqupr License I.TYpe of License (restaurant, bar etc.]; Senes12 2. LICENSE # (if iswed): —T "'tr' Tvce w Print with 8laeklnk AFFUCA00N FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDARLE A mrvlce Feeele25 Al toChomps! l il dljfmtgd,ph-k 14f56 a e.� �1 SECTION 1 Type of Uceree SECTION 2 Type of Ow Mhlp 3��111(([[[�usiness Name (Doing Business As -DBA): _ PIEIRO'S ❑i.T.w.R.Os. ❑✓ Interim Pemd1 ❑Indivkluol New License ❑Panne ship ❑Person Transfer ❑Corporation ❑Localion Transfer (series 6.7 and 91 ❑✓ UmRed LJObally Co ❑Probate/ Will Alignment/ Divorce Decree (No Foos) ❑Ctrb ❑ Seasonal ❑Government 7. Emai Address: —oro ❑Trust SECTION 3 TYpe of ikeMm ❑ Add Sampling Privilege to,$eries 9 and 10 only (Complete SampEng Privilege opplicationl A.RS.§4-206,01IG), (H), pl & (L) MA' ❑ Add Grovler privileges (resieuront, series IZ license oNy. 300400t resiricEon applies) A.R.$.§4-207(AJ & (8) I.TYpe of License (restaurant, bar etc.]; Senes12 2. LICENSE # (if iswed): —T SECIJOX 4 Applicants 1. Agent's Nome: PIMUM Peter nn i��LPBY4( L --d" 2,sssI///�ppliconI1Ucensee Nome: NONTE DORO 111I870RANTE LLC MNeo lmSB&DI [nw,msµleemofwHy.d ovmMlJecleceq on ectlm 11 3��111(([[[�usiness Name (Doing Business As -DBA): _ PIEIRO'S 4. Business Location Address: 9800 N Summer HN Blvd #1 Fountain Hills AZ 85268 Maricopa Lae mru»ro fezt 1Eeef cw ski. aRcoa coadr 5- Marling Address: Mesa AZ 85215 IeeeenlrPaiaemo eebemoMlbmboJeol4 fbeN aM Lok Maeda 6. Business Phone; 41l80.816.7000 Daytime Contact Phone: 480-816.3000 r� -Plu 7. Emai Address: —oro 8. Is the Business located vdthin the incorporated limits of the above city or town? []+ Yos❑No 8 You checked no, in what City, Town, County orlrbaVlndlon CommunIfy is this budnea located$ Fees: ��� _�_�� aepa M e any a9 o O MLlketbn NkMn Tana SW ivpeclee n^RarMn Totder Al Fen Is Arizona Statement of Citizenship &Allen Slotusfor51ete 8enetitscompleta7 19Yes ONO 2/7,0/2017 woo 1 015 IndMCudf regJmg ADA oebemmeagaera peau eci J602JSG4W IfAIN TOWN OF FOUNTAIN DILLS z TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 6/15/2017 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mike Fenzel, Events and Operations Supervisor, 480-816-5116, mfenzel@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving seven (7) SPECIAL EVENT LIQUOR LICENSE APPLICATIONS for the Fountain Hills and Lower Verde Valley Musuem and Historical Society_ as follows: (i) the Italian Dinner to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 3:00 PM to 10:00 PM on Saturday, August 12, 2017; Fundraising Dinners to be held in Balrooms I and 4 of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ ; (ii) from 5:00 PM to 9:00 PM on Wednesday, October 18, 2017; (iii) from 5:00 PM to 9:00 PM on Wednesday, November 15, 2017; (iv) from 5:00 PM to 9:00 PM on Wednesday, January 10, 2018; (v) from 5:00 PM to 9:00 PM on Wednesday, February 21, 2018; (vi) from 5:00 PM to 10:00 PM on Wednesday, March 28, 2018; and (vii) from 5:00 PM to 9:00 PM on Wednesday, April 18, 2018. Applicant: Jean Linzer Applicant Contact Information: Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, policy or Guiding Principle: A.R.S. §4-203.02; 4-201 and R19-1-228, R19-1-235, and R19-1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Jean Linzer, representing the Fountain Hills Lower Verde Valley Museum & Historical Society, for submission to the Arizona Department of Liquor. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA It Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Applications Pagel of 2 SUGGESTED MOTION APPr 1 ratly E. Miller, To er 6/6/2017 Page 2 oft r �! -1'I-1181 :15 9C':%i FOR DLLC USIECINLY Allliaonci Department of UiglL cir Ulcenslel:I cinc Cclnhiol 9veint Dal els]: 800 W Washington 51h Alolor 9ventilrriesiart/erid: Phoenix, A7 85007-2934 cIR: www. aizl'Igl uo r.glov (6021542-5141 Licienisc: AIRPLICAMON FOR SPIC IAL IVIN1 LICBNSIB Fee= ;125.00 FIer day Ilor 1 -1 (1 days I cianisecutive ) Cast C F, ecks or Mori ey Orders Only A service foci of $25.00 will be ah anged I or all dls h anicmed checks (A. R.S. 144-61&2) IMHOFTAINI INFORMATTON:1hIs1 document must be hilly completed or It Will tie iletumied. the Departmenll of liquor Ilcienses acid C anitnol mus) iieaeive this appliciailonl len 1111Q t usiness days priar to the eivent. If the special evenll will be helc al a location) AINoul a penmanenit liquor license or h the evert will bei ori any portianl of a loclation that Is nat covered by th a ek sf ng Iiqu or licier se, th Is application mu st be approvec t y the local government bellore submissior to th a Department al llquon I iaenses and C arihol (see Seation 15'. !IICIION 1 Narre of Organliaaiion: R uniain Hills alnd LcIWE r VE rdE Vallley ML se um 81 HisloricaI !EbdEty SIIC110N 2 Nan-Riiofit/IRS Tax Exerr pi � u rr ber: 8E -CE 710E 4C SIIC110N 3 Th e organizcilion is a: (ch eck orie box only) RIC hariiable❑Fralennal (rr l,si h av a negL lar rr embers hip arid have t aerl in eAsience for o\ ell five (5) years) ❑Religious ❑Civic (Raiary, College.lcholarshifl)❑Holiiical Rarty, Ballot Measure or Carnlriaigrl Corrimiitee SIBCTION 4 Will this event be held on a ccrrenlly licensed finerniise and within the already apppoved flrerrises'sl❑Yes ❑✓ Na t, ame of Bsisin a ss Uae rue t, umber Phone (include Ahea Code) SIECTION 5 How is this special event going to condLci all dispensing, serving, and selling cif spiriiuous liquoiis'sl Rlease nead 8-19- 31SI for explanalion (look in special evens planning guide) and check ane oil the following bWEl9. ❑glace license in non -ase ❑Dispense and serve all s fiiriicous liquors u rldein retailer's license ❑✓ Dis perlse and serve all s fiidiuous liquors u ndein special evenl ❑Split riiiemise betv�een special event and iietail location (F Q UShIG RETAIL LICENSIE, SUHMIT A LEMIR CIA A G R13EMBMI ARCM IWE A GIENII/OWNER CIA THE LICENSED PREMISI9 710 SUSAENDI THE LICENSVI DURINGI 7H9 EVONT. IA 7H9 SP9CIA L EVBM ISI CNLI USING A FIOR710N OR PR9MNIE, AC19MI/OWNER WILL A ESCI TO SIUSPEIND THAT AOR110NI CIFI THE AREMI!IfLj SIC TION 6 W hat is i h e pu iipose cd th is ev ent'sl ❑✓ Cln-site carlsL mpiion ❑Clft-site (aL ctiorl) ❑Both SUCTION 7 Localion of the Evenl: Flounta in F ills C c rrlmuniq CE ME r Address al (aaaiion: 13C C 1 N. Ua Mc ntalnal Ellud. Flountalin Hills, Maricc pal, A ria nE 8,1268 street cih COIINn staff rip SBC TION 8 W ill th is L El siacked with a wine festival/cnafi disiillen fesiivaN Dyes Ell, o SIC TION 9 Apfilicant musl be a rrember oil the qualifyjng oiigarliaationl and auihorizeid by an Clfilicer, Dinecioil or Chairplerson Cif th El Ongarliaaiion narr ac in S eciion 1. (ALthorizing signatu lie is requ ivied in Section 13.) 1. Ariplicant: Uinaer Ear I 12:1 iinst Middle Date of Birth .I. Ariplicant's mailing address:. Glenpoirlt Drive Fountain Hillci Arizona 85268 Glity 311pp 3. Applicant's horrIE1/cell phhon _ R � R Applicant's business phone:Iiiiiia"alzmawal z. Applicant's err ail address: 3/1,121011 E Pacle 1 of 4 Indivic uuls iiequiiiing AOpI aaaammac afions call (6C2),'1421-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes ❑✓NO (llyes,allocheq,lonaXon.) 2. How many special event licenses have been issued to this location this year? 5 (The number cannot exceed 12 events per year, exceptions under A.P.S. §4-203.02(D).) 3. Is the organization using the services of a promoteror other person to manage the event?❑Yes ❑" No (U yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor soles. Attach an additional page if necessary. Name Fountain Hills & Lower Verde Museum & Historical Society Percentage: 100% A rye P.O. Box 17445, Fountain Hills, AZ 8568 PP Meet qty Slah 5. Please read A.RS. § 4-203.02 Special event license: rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. _NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE' 6. What type of security and control measures will you fake to prevent violations of liquor laws of this event? (Usf type and number of police/securiy, pnsonnel and type of fencing or control barriers, R applicable.) 1 Number of Police Number of Security Personnel ❑Fencing ❑Boners Explanation: Security will be provided by an off duty police officer SECTION 11 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See AAS. § 4.244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: August 12) 2017 Saturday 3:00 p.m. 10:00 P.M. DAY 2: DAY 3: DAY4: DAY 5: DAY 6: DAY 7: KiWA DAY 9: DAY 10: 3/1/2016 Page 2 of 4 IndiNtluals requiring ADA accommodations call 16021542-9027. SFIEC IAL EVENT LICENSED FIREMISES DIAGRAM IlThls d lag ram muss be cOmpleted with this application) Special F vant Olag iiam: (Show d imensiont, servl% z rez s, zinc lalbel type c fl encilosure ainc security pc! inions. NOTE, Slhcw neiiresit c)lossi sitreets, highlwayl cr roac if Iccaticn coe<-inll have ar address. ser ioi►det �... c.. d w,� t aled Pocking :.... �..�.� Ala 213 t .l jaunt :r.g Ecxn - I,, . i` J In MI Flow St %V- Room ; t�tar Stortsye� HMr TOM Sum" ; 01 Sarvict not Q jKftnen � �e I 1 PLVA tlact.-flq Rcam I YvaW L"Vj ROM • ` ; , . �' •— rrs -irrr 8atlroom t e *Wn Y , I q� 71'�- !; Sen:ar srnlacs ui = GlrTl °403 ; =3 CC ; o of 14 • �� ' Coelte 4ncc �Raom r ry 8ottroom 1 80seroM 4 RO&OMU and Pay PKCAI- ;— J Wit EnVmi L j Loeej 1 SWIA Ctn!er Cn•,trrrd A•t3 O1111 -i, ro C10=1 Has COMMWItl I CEf ;ER ILOOR PI AN wr w. wr I Feuntain Hills Ccmrriunityl Certeir,, 13001 N. LaMcintara, Fountain HIIIIsG AZ. Liquor service will dein Ballroom 1, 2, 3, cir4 a!i ceisignated by11he CommunINCenten staff. Security will be pcstlec in the lobby ci the Ccirr rr unity Ceriter. SECTION 13 To be completed only by an OBicer, Director or Chairperson of the organization named in Section 1. 1, (Ped Full Name) Deborah H. Skehen declare that l am an Officer, Director a Chairperson of the organization fling this application as fuzed in Section 9. 1 have read the application and the contents and all statements are e, correct a complete. President - agn re rMm/Podmn Phots Number The foregoing instrument was acknowlelged before me this State r' z� CountyofGr My Commission Expires on: l fG l I re I'+\Ylr�'^ Ort. Da'"?: In Section 9. Y. 1, (Prot Full Name) Jean Linzer declare that l am the APPLICANT filing this application as listed in Section 9. I h 'e read the application and the contents and all statements are true, correct and complete. x Board Member , i - Nenda Me/ PoANon and. Phone Number The foregoing instrument was acknowloged before me this �/ ..:rr:' 143 2017 State /„�' `""f'L County of / LH'" lY CpUM" •=tat a714 ':".51e Nvowna E Pi�as C. MY Commission Expires on: % / i ,., ^ ,. ode Please contact the local governing board for addflbn`al application requirements and submission deadlines. Additional Licensing fees may also be required before approval may be granted. For more lydorination, please contact your local jurisdiction: htt 7/ zl'auor oov/a ets/d t /h o a docs/spec event rinks.pdf. Local eovemrng Body Approval section. 1, recommend DAPPROVAL D DISAPPROVAL (aovemment0fil p (Me) On behalf of , (Cty, Town, County) SI'ature Dam Phone SECTION 16 For Department of Liquor Licenses and Control use only. DAPPROVAL DDISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according s chapter Prohibited agency actiorr Prohibited acts by state employees: enforcement nollce B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tubal gaming compact. A general grant of aWhorty in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specificolly authoress the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE A70RNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINSTTHE STATE FORA VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION 6 CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12$20.01 OR 12-820.02. 3/l/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. C5-1 ;Irl1'2:15 9C"i; Ali inci Dep artmeni c Uicii it Licensiesl clnc Control 800 W Wathingkin 5th Flocir Phoeiii io, A121 8501717-2934 www.aAquol gciy (602) 542 -1141 APPLICIA11ON IIOR SFIECIIAIL E1IEN1 LICENSE Fee= $29.001 pen c ay foi 1-10 c ays consecutive) Cash Checks om Mc ney Orders Only FOR DLI C USE C NI 1 Chiari [7ate(s1: Chiari time start/end: css: Lk enser A service fee of 1125.(la will t eI charged for all dishonored all eaks (A.R.S. § 44 -6892) IMIRORIANT INFIORMAMON: THIS documlenll mlust be fulliy completed oritwlll be retumet. the Department of LlquoN Licenses and Control must receive this app laaflc nl len (101 businless dayls ptiai to the evenl. III the specdal event w 11 1: e h eld at a loclallonl willhout a permanienl Ilquon Ilclense oii If the ev ent will t e an any part on of a local on that Is nloi cloverelc by the eAstinig liquor license, this appllclatloni must be approved by the local goveainiment before sutmisslani lo the D4pcirtrnent of Liquor Licenses avid Contrail Isee Sectlani 15). SEC1ION 1 Name of Oigarliaation: Reuntzin Hills and UmerVeiice Malley MUEI6Lm & Histcli Scciety SICI ION 'Al Non-RrCi ii/IR;1 Ta> Blen i Number. 66-01E X64 C SECTION 2 The onganiaatiorl is a: (check one box only) ❑Charitable❑Fllatemal (ML st have regulars membership and h civ eI been in existence fon over five (5) years, ❑Religions ❑Civic (Rosary, College Scholarship)❑Rolitiaal Party, Balloi Measurer ors Camipaigri Comirriithee SECTICIN 4 Will This e\ errs beI h eld on a currerntly liaernsed premise and within ih a already approv ed puemisesgEh es [Z]No N am a of Bus Iness Ucwmi Niue bei Phone (Urchrde Area Code 1 SECTION 5 How is iris special ervent going io conduci all disperising, serry ing, and selling o'l spidtl.ol.s liquors? Please reac R-151- 318 lon explanation (look in special ev ent planning gL idej arid check one of th Er hollowing bo)tes. ❑Place licer13EI iri nary -use ❑C ispense and serve all spirits CIL s ligL ars unden neiailen's licerise ✓❑Clispense and serve all spirits CIL s liqL ors unden special ever ii Dplit premiser betwaern special evens arid reriail location OF N071 USVNGI REMAIL LICBNSE, SIUEIMIII A LETTER OA AGREEMENT FROM THS AGENT/OWNER OA THE! LIC ENSIED PREMISE TO SIUSIPEN13 THS LIC ENSIE DURING THE EVENT. IF THEI 4IP8CIA1 EVENT ISI ONLY USIINGI A RORT10N OF FIIR111i L A GENT/OWAIER WILL NBEICI TC 3IU1IPENCI THAI FIIOR71C IN CIF THB PREMISf3l) SIECTION 6 N h cri ki th a purpose oil chis everri 8 ✓❑Orr -site const. miption ❑Off-site (al. ciion) ❑9aih SIECTION 7 Locafion olihe B\Eirit: RCluntc in Hills CCImmL pity Cenien Addlless of Location: 1310CI1 N. Lla Montana Blvd. RCL ntain Hills, Mericopa, Arizona E1526E ftieel city CIOUNTY state Eli SECTION 8 1Nill this be siaclked with a ovine lesiival/cratl distiller festival? Dyes [Z]No SIECTION 9 A pplicarii mL st be a m emiber of 11- a qL alifying orsgarrh ci ion and au* Ci ized by an Offlean, Dirsectors on Chairr arson of the OI ganiaaiion named in ;Iecltion 1. QAC ihoriiing signatui a is required in Section 13.) 1. Applicant: Uinzer JElan Iasi F nt 2. Applicant's rriailir g address: _B. Gleriploirlt Drive AArde la FOL ntain H ills 11i of I Irlh Arizona 85268 Nree1 CIh 21p cl. Applicant's home/cell pl- arra: A pplicant's business ph arae: ,�. Applicarli's email addrelss 211 Pagel 1 at 4 Indivic uah regL irincl ADA cracarrrmoc aticlrns call {6(12)54 e1-9(1'27. SBCIICIN 10 1. F as fh e aF plicanf been conviciEld of a feloriy, or had a ligL on IicElrise ne-yoked A it hin the Iasi 1i` a (9) years ❑1' es ❑✓ No of yes, attach explanal on.] 2. Fow many special EPYerif licenses hClbEI been iSSLEIId f fhis local iori chis yecin? E (Ther niurriben canniol axceele 12 eveiMs peer ) ear, excepliors unc eii A.R.S. §44103.0,1(D;.) 3. Is the oiigctrii2iaiiori using the services oil a pnomiotenonolher penson to manage the EN eril lFjies ❑✓ No (III yes, attach a copy o1 III a agselemend.) �. list all people aric organiaafions who will receive ihE1 proceeds. Aceouril for 100% of the pnoceeds. The organisation applying mLst receive 2d% cd the gross neverlu es of the special event IigLor salEls. Attach an ac difiorlal page it riecessarA. Name Fountain Hills and Lower Verde Museum $ H islorical Society] Perclerllage: 1009% Address Narnie Address I Creel s Creel 6 CjY Flencenfage: slate Zip Hate Z p J. Piease nead A.R.S. § 4-.003.0,0 91Jeaial event license; 11Lles and X119.1-.105 ReaLirerrUnis flora Special E�erif Iieen9El. Note: ALL ALC OHOLIC BBV 11HAIGH SIALES NIUSIT BE FOR CONS UMRIION AT IHE EVE NI SIIB ONLY. "h O ALC CIF OLIO BEVBRAGBS SIHA I L LEAVE SPECIAL EUENI UNI USI 1F BY ANN lP AUC TIION 9BALRO CONIAINHWI OR 11HUIRE IA I BUENI LICINSIB ISI SIIAC KBD WITH WINE /C RAFT DISTIILI ERI FESIIIVAL I IC E1439" VA h cIi type a1 secIL rily arld carllrol rinElasuIns will y OL take I prebEilrll -9iolcliiorls of liquor laws al this everrf`si (I Ist type anid niu ml: eii cd paliae, s ecurity gleusor nal an c type of teniain g os ccini rad ban leas, II aPRlliaad le.) 1 NIL ber of Rolice Number of �IEICL nit REmsonnel ❑Fericin Explarialion: — � Y g SEourity will be provided by an Cff dLty p01iC6 officer SEICIION 11 DatE11 and HoLrS 01 9ver11. Days rrILsf be corlseculNe bLI may riot exceed 10 consecutive days. Seie A.R.S. §14 -2144(1:1) anc (17) Icr leigal haws cd selrvlce. PLEASE RILL C UTA SIEPARA71E A RPLIC ATON RC R EA CH "NON -C ONSECUTME" CIA Y Date Day cit Weill DAY 1: Ocltober '18, 201-1 "E d r elsdayr DAY 2: DAY 3: DAY 4: DAY 9: DAY E: DAti a: DAY EI: DAY 51: DAY 10: EveritSlart Liacriie Enid TI rr a AM/ RM Tire a AM/ RMI 9:00 P.M. 9:00 p.m. 941 /,1016 Page 2 al 4 Inc N ids alS iiecluiliing ADA acaommadallioris call (6C�I)°I,1 2-9(127. ❑9arriers SPEC IAL EVENT LICENSED PIREMISES DIAGRAM IThls d laglram mus9 be completed wltftl this aipplleatlon' Special Event Cliaguarri: IlShcw cimensiions, serving arewi,, and label type of encilcsure zinc siecurityl pes111lonsG NOTE: Shc w nearesit clrosts s treets, high way, c r road if Ic c atie ri dole sn"il have an add ressi. Naih SorNet �.►w. Ana caled %r" er i �#' :=a.. Ares Nzijc Mac 'q F.c= (•►'i'�.TJ ' ! MI 61oam Storogq Room iJ Char st"* I! Tom Stwep �' 110j s:rvta ,+o', Q ,acnes RMA ucel•u{ Roan I Teropei MeeUq Kopm i .i ,« 1 # 8aeraom JI circ 1 � i l; Senor Urp KRIS 1 a Of , CMfueNCOPoem ! Bolboom 'I '80&=n 4(: -�6 Pay and Lobb) s sowdl Cefl:er Cay'• yG rd kc* ., WOW ` v —u - --- r� NCO 1 IC?YAt,J1J,1T CIENTER rLC+OR AL4N r �J L 5,,q Q$/ t Fol, ntain h illsi Ccirrimunityl Centler, 'I?loo1i N. LlaNlontanai, Fountain Hills,, AZ. Llquorservfce will be In Ellalllrocim 1, 2, 3, c r 4 as desiignatlec hlyl thle Commtiin lty Centerstafi. Securityvuill be posiec in the lobby of the Community Center. to To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. L(Pmtraeam.I Deborah H. Skehen declare that l am an Officer, Director a Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements arl conect and complete. x LU,"5U,,President - Smndura II'l Position oat• Ione Nymb•r Thefwng ins egoihument was acknowledged before methis G 2�, ( State �' z �(.P(� County of �C`�� �' (� COLIN HORN /r �/ c °' Nosaty PR,COPP COUNT' pe / " WCommission &pires on: � MA Jan.1 oar• 9r .na cpm naM•d m This section is to be completed only by the applicant named in Section 9. I, (Print full Name) ��w'oN L --I N LtY\ declare that I am the APPLICANT Filing this application as listed in Section 9,1 have read the application and the contents and all statements are true, correct and complete. x �a .-, Director S - N1 Me/Pssfil Dare Ione Numb., The foregoing instrument was acknowle�Addg�Aed before True, this ZG1� Stale r �z Count' of '11'l . D NTNG m � roar a,o COLIN HOR of Arizohe i .. 22 Notary PubLc My Camml$$IOn EI(plre2 on: i.5 MAn1GOPp GOUN Dare Please contact the local governing board for addWo—nal application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local Jurisdiction: http,// azliaua a v/ 1 /d 1 /h page docs/spec event links.pdf. Local liovernmg Body Approval SeChOn. I, recommend DAPPROVAL ❑ DISAPPROVAL (Go rrsnedOflkioQ (me) On behalf of , (CRY. Town Coanly) Signal Dale Pbon• SECTION 16 For Department of Liquor Licenses and Control use only. OAPPROVAL ❑DISAPPROVAL BY: DATE:_/� A.R.S. § 41-1030. Invalidity of rules not made accoudIng to this chapter Prohibited al action Prohibited acts by state employees: enforcement: notice B. An agency shall not base a licensing decision in whole a in part on a licensing requirement or condition that is not specifically aathonzed by statute, rule or state tribal gaming compact. A general grant of alin statute does not constitute a basis for imposing a licensing requirement a condition unless a rule is made pursuant to that general grant of al that specifically palisaddti es the requirement or conon. D. THIS SECTION MAY BE ENFORCED INA PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PAM THAT PREVAILS IN AN ACTION AGAINSTTHE STATE FORA VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DBMBSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-620.01 OR 12$20.02. 3/112016 Page 4 of 4 Individuals requiring ADA accommodaffons call (602)542-9027. 11-`l rP Arizona Department of Liquor Licenses and Control 800 W Washington Sth Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only -JOR:,DLLC ,USE ON LY event Dales): Event time start/end CSR: License: A service fee of $25.00 will be charged For all dishonored checks (A.R.S. § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the eAsting liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization: Fountain Hills and Lower Verde Valley Museum & Historical Society SECTION 2 Non-Profat/IRS Tax Exempt Number: 86-0670640 SECTION 3 The organization is a: (check one box only) ❑✓ Charitable❑Fraternal (must have regular membership and have been in existence for over five (5) years) []Religious ❑Civic (Rotary, College Scholarship)❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes ONo Name of Business License Numbea Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license [E]Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location OF hQ-T USING RETAIL LICENSE, SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISE TO SUSPEND THE LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF PREMISE AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISE) SECTION 6 What is the purpose of this event? 0On-site consumption ❑Off-site (auction) []Both SECTION 7 Location of the Event: Fountain Hills Community Center Address of Location: 13001 N. La Montana Blvd. Fountain Hills, Maricopa, Arizona 85268 Street city COUNTY state Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ®Yes ®No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organizafion named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: Linzer Jean Lost First Middle Date of Birth 2. Applicant's mailing address: �. Olenpoint Drive Fountain Hills Arizona 85268 city Zip 3. Applicant's home/cell phone: Applicant's business phone: 4. Applicant's email address: s/ l /2Dl 6 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. STICTION 1CI 1. Has the clpplicarlt t eerl convicted o1 a felony, or hada Iiclu ort license re\aked within 11-e las-1 alive (;1) yearssl ❑Yes ✓❑No p1VG13,at1cuhaxp1cnalion.I 2. How many special e\ er11 licenses Have r eerl issued io 1 h is lacaiioni tris y earg IThe numhen ccnroi eiceed 1:1 enerrs pen Nemo; excepl-1!on s urdem A.M. §AI-A103.(121DI.] 7 3. Is 'I he organisation using the services of a pllorrioter or o'll-eln person I rnian age the e\ er11q❑YE11 0No Ilf yeas, aftaeh a eapy all the cgoeemr err.] 4. List all people avid orgarliaaiioris who will receive the proceeds. Accourrl for 1C10% of 11-e prlocEreds. TI -e anganizaiion applying must receive 25%d oil the grass revenues ofl the splecial E1\oeril liqu on sales. Aiiaeh an additional page i1 riecessary. Name Fountain Fills 81 Lower Verde Museum & Historical Society Rercerrlclge: ' 00% Address R.C. Box 1744,1, Rountain Hills, AZ ,5168 Name Address St eet Street ON ON 11eilceriiage: Siaie Lp Siaie Zrp 5. RleasEi read A.H.S. g z-203.02 Sipecial El\oerii license; ru IErs and 1119-1-20 Reau irlemenris fora SIDElcial El\ erii License. Note: ALL ALCOHOLIC REVERAGD !IAILDS MUl11 RD FOR C ONSLMP110N AT THD DVENT 1111E ONLY. "NOALCOHOLIC BEVERAGES SHALL 1 EAVE SIPIDCIAIL EVENT UNLESSI THIl7 AREIN AUCTION SRAILIID CONTAIINEAS OR * E SRDCIA L DVDNT LIC ENSII I!I !ITACKDD WITH WIND /CRAF1I DISTII LEAN FESTIVAL LICU SIB" 6. W hat ty pEl o1 security and coniinol measures will you take to Flnevent \ iolations of liquor laws ai i h is e\,Eirlt .i IList til, pea cnc nu mber cif plolice/secuoity pem!ieir rel and ty pe al fencing cir aontecil h arrieos, if aplpiiciable.) 1 Nu rriben of Police Nu rriben ofl Securit Hersonnel ❑Fer c it 1g EAplanatiorr y 1 r Security will be Frmiitec by en cfllcutyl Falice CffiCEr SIEC TION 11 Dates and Fours of Elveni. Days must Le conseeuti\ e but may not eAceEid TCI eomeCON e days. See A.R.S. § 4-:14411151; ar d 11171; loo legal h ou os cif sery ca. PLEA SE FILLI OUT A SHPA RATE APRLICA TION FOR EACH "NON-CONSIEC0IV9" CLAY Dale Day oil Week Dvenl Start License Eric T me AM/ PNI TI m e AM/PIM DAY 1: No%emher 19, ,eea Wec r esiday ,:CC Pl.r1 . 91:00 P.M. DAY 2: DAY 3: DAY 4: DAY 9: DAY 6: DAY A: DAY 8: DAY 9: DAl 10: 3/1/2016 PagEi 2 of 4 Indivic uals requiring AIDA aacarnmoc ❑ficins call (602)542-9027. ❑9 arriers '1911Ja:) klunwwo:) aqj p Angl:)l ay, ul pai;lod aq Il.lnn (I enaaS B Els ualua:) If4l unwwo:) al4ll Aq palteu 5lsap ise y io '£ "Z ' l wo oJlleg ul aq 1lilm a,puas aonlbl-i 'IZV I;Illl 4 uleltu110j'ieue'WOM11 'N 100£ l 'JaWa ) k!unwwlo l;lll q uleiunod VR 431) �rirlrrn0a ^ 4'JwS o.r� :, Aj,-1•;) ,e;w3 ueau Nt o 'suoltlsodl4limais Due ainso pua o a 4S :3llON M I� d�t3 laAel pue isl.aae I5ulhaas suolisuaWlp MDgSl) :iAeu6el13 juan3 leloadl, Wolawllddie slip 4pIM P®paldw03 aq `snw wea6el P sI41.I1 WVHDVIG SBSIWBVld ®3SN391-11N3A31VI33kiS only by an Officer, Director or Chairperson of the organization named in Section 1. 1,(hht Fal Name) Deborah H. Skehen declare that l am an Officer, Director or Chairperson of the organization firing this application as listed in Section 9. 1 have read the application and the contents and all statements are e, correct a d complete. X President S - sr. re Me/Proles D More Number The foreg " g instrument was acknowledg ed before me this Zj�� 2-0/1 State Lr adfrl. County of/✓[�'r9p®_'� Day your ,��" COLIN HORNING My Commission Expires on: / F i Arizon Dale /.�9P �,...sFeeWs'.Fu�m This section is to be completed only 1, (Part Full Name) Jean Linzer declare that l am the APPI1CANT filing this application as listed in Section!%. I have read the application and the contents and all statements are true, correct and complete. :-LJ//>^-,i Director 6-1111-7— sto"m rbre/ Paribas Dae Phone Number The foregoing instrument was acknowledged before me the l C� / L /�i/ Gyii 20(7 _ A A Day 46 Year Slate I` O Countyof "CQ'���iLi, HORNING CGLIN stria WArizona My Commission Expires C/es on: %�3 N Lazy p OIW 6a NTY Dare 1 fa�'sM lv MgglgUPl unsRRmw�e oo�l Mry PrF�il Please contact the local governing board for ad licensing fees may also be required before apt may be gn judsdicffon: his 7/ azi'au a / is/docum 1 /h ae TION 15 Local Governing Body Approval Section. I, (aovemmeaasclag On behalf of (nee) falx, row^. county) Signal SECTION 16 For Department of Liquor Licenses and Control use only. rments and submission deadlines. Additional more Information, please contact your local recommend DAPPROVAL ❑ DISAPPROVAL Dae Phone APPROVAL [3136APPROVAL BY: DATE:_ A.R.S. if 41-1030. ffiv H NY of rules not made accordingto this chapter, hibit d agency action,Prohibited care by date employees: enforcement. notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authonzed by statute, rule or stale tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specificolly authorizes the requirement or condition. D. THIS SECTION MAYBE ENFORCED INA PRIVATE CIVIL ACTION AND RELIEF MAYBE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS M AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12412(1.01 OR 12AM.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. CSI -11-I IP 1 Arizoinai Deipciriment cif liquor llcieinseis aind Contrail 800 W Wasik Ingtcin 5th 111cioir f1hoeiiii AZ 85007-25134 www C12111clucm.glaiv 14102) 542-5141 AAALICA1110114 FOFI :IAECIAIL EVENT LICEINSEI i ee= $:15.00 pes c c y fon 1-10 days (conseau th e) C ash Checks cv Money Oaders Only heind Date(s): Ev eini tl me start /enc : CSR: L cem e: A service fee of $25.00 will be charged fon all dishonored ctecildsi (A R.SI. §44-68521, IMPOR1ANl INFORMAmON: lh)s doc L mierI must be N1111i completed or 1111will be rettlmed The Department of Llquos Licenses and Control must receive this c rlrlllcaf an len (10) business days pdal to thea eNenl. II the speciic I evert will E e held al c laaatiani without a permc nient liiquon license a it the eN ent wfll be on any par ion of a local on that is niol covered Ey tesla e)istlnig Ilquon licianise, chis appllaatloni muss be appnoNed by the local government belae suhmisslan to the Department of liquor Ucienises c nid Conitral 11see Sell on 15). SEICTION 1 Narrieoil 0ngariiaotion: Rountein Hills and LowerVerce Malley IVusleum & HistcricEI Scicieiy SE CTION 'Al Non-Fralii/IR l Ta> EAemp) Nurri ber: E 6 -OE A 64 C SUCTION 3 The onganiaation is a: I9check one bax only) ❑Charitable❑Fnaiemal Imusi have regular membership and ha\ ei been in existence fom over five (9) years) ❑ReligiOL s ❑C K is IlRotary, College Slcholarship) ❑F oliticial Party, Ballot Measures on C am paigri C amm ittee SEICTION Al Will this event bei held on a currently licensed premise and within th el already appro\ ec prarri)sesfl❑ti els [Z]No H ame of Business license Numbs Phone (h=kxIe Arad Cook ) SEICTION S F ow is 11 -is special e\ eirit going is conduct all displeirising, serving, chid selling of spirituoL s liqL arssl Please read 8-19- 318 fon explanation (look in special evert planning guide) and al• eak one cd the fallowing bo>es. ❑Place license in non-use 1­111spelrise and serve all spir'tuous liquors under i etailen's license ❑gisPleirise and serve all spirituous liqu ors under special evert ❑ rilit premise between special event and retail lociaiiori all NOT USING REM IL LICENISA SIUBMINA LETTER OF AGREEMENI W10M THS AGEMI/CIWNSR Oil THS LICMISSDI FIRSMISB TC SIUSIPSNICI THS LICMISS DU RING THE EVSNII IA THE SAEC IAL EVENT IS ON LY USING A PORTION OA PREMISIE, A G ENVOWNSR WILL NEED TO SUSPEND THAT PC IRiION OA 1 HS AREMIS IE ) SEICTION 4J What is the purpose of this ENentq ✓❑On-site consumlpltion SECTION I Laaatfon of tr ei 9veni: Rc unta in Hills C ommunitN CE ME r ❑Off-site (auction) ❑Both Address of Location: 1 �001 N. Le Montana Blvc . Rountalin Fills, Maricelpa, Arizone 8192E8 street city CC IUNrY sksk ZIP SUCTION 81 Will this be stackeid with a wine lelstN al/cmaft c istillen fesiival's ❑) es [DNo SECTION SI Applicant m usi be a rnerri ben of the qualifying organisation and ac ihoriaec by an Officer, girectan or C f airplerson of -11-e Oliganiaatiori nam ed in Slectlon 1. (A uth or zing signatt. re is reiqu ined in Sectian 13.) I. Applicant: LinzE f Las JeE n firs Redacte .. 2. Apiplicani's mailing address: M 13. Glenpoint Drive Fountain Hillsl Aldzona 8UEIEI Strd et City z A 3. Applicant's h orae/cell phone: ' J Applicant's business phone: 4. ApFllicani's email oddness: 3,11,12a]6 Pac e 1 of 4 Inc ivic ucils neclL irin c- AC A acaammac atlor Is cc 11 (6(12)942-9027. ACTION 10 1. F as the appllicarlt teen corlvicied oil a felony, or had a ligcOn license nevoked with irI t1le Iasi five (5) yecrsq ❑ Yes ENO Ihf ya, aflach eixplainatlon.] 2. How marry splecial evens licenses 11 ave been iss u ed io -11- is location this yeall? (she nu ink er aamnoi ei)iceed 1:1 eivenis pein y ear, oxaepiioris urideu A.R.S. §` 4031.021D].) 3. Is il'El orgarlizcltiorl using ire services oil a pnomoter Or other pensorl io manage ire everlt<I❑les 12�0 Qfl yeis, attaall a aorly of ihei cislreemeir�.) 4. Lisi all people arid Organizations wl'o will receive the pllocleeds. A ccOL rii ilor 1 CICI% oil the pllocleeds. the ongarlization applying rrLst receive ,I5`14 oil the gross re%erlu es oil the special e,�erli liquor sales. Attach cin additional page A necessary. Narre FIcI1.rltain Hills 81 Lam en Verde Valley MLseLM & Hisdanical Slocieily HereenIage: 100% Acidness P.O. Bcix 171445, Fountain Hills, A2 89269 I tree t Gly Slafe Z Name Rencerli age: Acidness 9 heet city Male Z p �. Please read A.R.;I. §j e-2CI13.CIa 9peeial evenl license: rules arid F 19-1-2CI� lieacinemenis fou a Special Event License. Note: ALLALCOHOLIC BEVIRAGI SIAIL9S MLSIT BE FOR CONSUMP110N A111H11 (VENT SITZ ONLY. "NO ALCOHCILIC REV ERAGESI SIH ALL I BAV E SRECIA L 9VEN1 L NLUS THEA ARE IN AU_C11CIN SIEA LID CONTA INERSI OR THE SIRICIA I IIVENII LICENSE I5 SIACKRD WI1H WINE /CIRAFT DISITILI ERY FOS11VA L LICIENSIE" E. W hat ty pe 01 SEICI!L nity and control mean nes will you take io pnevent violations of liqL On laws cli iris evenl Sl (List tl pe grid rlumt er cd Flalicei/security pemsaniniel amc type) cd felr icirig or oonifnol t arriens, if applicable.] 1 NL rrben, oil Rolice Nurr ber of SecLdiy Rensorlrlel []Fencing ❑Barriells Explanation: Security will be prclvided by Ein off duty police officier SICITION 11 Dales and Hours oil 9ven1. Clays rrLsi be conseculive bui rrcliy rloi e>ceed IG consecLti%e days. See A.R.S. § 4-244(1J) arid 117] fai legcil haurs of sere ice. PLEA SE FILL C Lm A SEAARAIIE APPLICATION FOR EACH "NON-CCNsllcu IVa" DAY Date Day of Week Evens Start License End Time AM) RNI Time AMI) RMI DAY 1: zimaryl 10, 2011 Ell Wec nelccay 5:00 p.rr. 9:CICI p.rr. CIA Y 0: CIA Y 3: CIA Y 4: CIA 9: CIA 6: CIA Y A: CIA Y 8: CIA Y SI: DIA 1 10: <1,11,121g16 Flage,I of 4 IndiviC gals nequininig AIDFI aaclommac atians call (KKI),1I421-Slam . 'taluaD /.Uu 1wwo) 1341 p Afgljol a 11 u1 �ajU;oj ag11!MAMmaS 'Unsj�;uaDkfunwwo) D411 All Dalleu5papSe ba®"lE'z'I U1DIOJllt2g ulag111m a:)Ajas joinbl, `ZV'1411H ulemunlo3 'eueluOlNeli ' N I DOE 1. 'Jalua ) k!unww :)D igj!l -j ulelu i:)3 4 —*-- �N3D i UI1 MM) oar! ?J 26 4.-lpa ,a;ra ) •i>saitppe uiz ane4 psaop u a,liao 3l �t peo.�.� o'A2mlg5l� ,slaa�li; s�soli�;i�aleau M3 7Suolys�d I4lan�a; olue aunsDi)ua o a 4S .3 ON II d� IaApl pue r>eiaai. 6ulnaas Suopsuawia mD4S4 : •uej6el0 luan3 lepladS (uollVolliddo slip H41MP04aldwo3aq Ilsnw weal6ellp 514111 WVHDVia 53SIW3HId aBSN93I, INSA3 iVl331dS To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. 1,(Prid For Nam.) Deborah H. Skehen declare that I am an Offices Directors Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are I", conect and complete. IIA President The foregoing instrument Was acknowledged before me this State /�f: Z°zift County of My Commission apires on: ,��� ON 14 This section Istobe completed only by the applicat 1, grin hN Nome) J iS�vJ L r w�a= 1 r as listed in Section 9. 1 h ve ead the application and the cr X Director Ngnalu n The orega'ng instrument was acknowledged before me this State Z-��'i, County of C� My Commission Expires on: ///4A 3 "-`nn-"�w` Phone Number 2,P17 your — COIIN Hstow of AriID°a Russo T °NMA'- TY COUN Hts0 w 2 t 3en. 19, MY C'°m:. 51 r dart Publt named In Section 9. declare that I am the APPLICANT fling this applicati tents and all statements are true, correct and complete. /Felix.. Sawt Phorm Number Daym rem col_14 HORNING Nola. Public- Sfaleor Arizo°a^ 000N Y Please contact the local governing board for addiflabTpplication requirements and submission deadlines. Additional licensing fees may oleo berequed before approval may be granted For more information, please contact your local tudediction: hfto,//wwW azf a / ets/dos 1 /h meoaae docs/spec event I' k df. ;TION 15 Local Governing Body Approval Section. 11 recommend CAPPROVAL ❑ DISAPPROVAL (aovmene401Bc1aB (NBe) On behalf of (Cl,Town Caudy) signature Dale Phone SECTION 16 For Department of Liquor Licenses and Control use only. MAPPROVAL 13DISAPPROVAL BY: DATE:��_ A.R.S.It 41-1030. Invalidity f rules not made accordintsto this hot hibit tl agency action -prohibited acts by state employees: enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not spedfically authorized by statute, rule or stale tribal gaming compact. A general grant of authority in statute does not constitute a basis tar imposing a licensing requirement a condition unless a rule is made pursuant to that general grant of outhonty that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEB. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINSTTHE STATE FORA VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call 1602)542-902]. n5-1 1-.1 IR 1 ,-:36 RC"ID, Arialolna Deipc dment of Licluoll Llcienseis and Contrcil 800 W Waslhington 5th Fllcior Rhoenix, AZ 85007-2934 wwwl.azliglualr.glovl (602) 542-5141 AIRRLICAiIION FOR SIRECIAL UVUN1 LICIUMS Fee= $25.00 Fleir day for 1.10 days (consecutive) Clash CMecks or Money, C rders Only ONLY EAint Dale(s): E* int time starlAinc: CSR: I Icenise: A service fere of $.15.00 will be aH argeid fair all disil onored checks 11A R.SI. 144-418521) IMRORTIAINI IN FORMATiCIN:1hh docume nt mu sl be fully corn pleted on it wl I be retumed. Tile Departmeni of I iclu or I laenses aria Conitrol muss receive this appllcall on term 1110) business days pdor to the eivenit. If fhe speicial event will be heilc al a Iocall on wHE out a permanent Ilqu cir licensse or N the event wNI be ori arty portion) of a Iocialori that Is not covered by the ekstng Ilquor licenser, this appllcaton must bei approved by the local governiment beforie submisslori to fhe Department of Llqucm Licenses anc C ar4rol (see Sectlorn 15). SIECTION 1, Narre of Organimlion: Rcuntain Hills a nC LCE1Ner VE rde Ve Ileyl Muse urn 81 Historical Elociety] SIECTION 2 Non-HriofitARSI Tax Fxernpi Nt. rrben: 8E-C6710E40 SIECTION 3 T11 a organization is a: (cr eck one bo) arily) ✓❑Cllhariiat le❑Fratemal (miust r av a regL.lar merrlbersil-ip and have t eery in exister ae for oven five 115) years] ❑Religious ❑Clivic (Raiary, Clollege Slch olarsh irl) ❑Political Harty, Ballot N east ne or Carr paign Committee SECTION W11 this event be held on a cL.rrently licensed Flnemise arid wiirin the already appiioved prerriseAl❑Yes ✓❑No N ame of BJ siness Lk lense N umbel Phone (WIlude Areal Cade] SECTION 5 How is tN is special everri going to coridL. ct all dispensing, serving, and selling at spirituous liquorsi? Blease nead 9-19- :118 ton explanaticin illook in special evens plannir g guidel and c1l eck ar a of the follow r g boxers. ❑glace license in non -L. se ❑Dispense ar d serve all spirituous liquors u Aden reiailer's license ODis pease ar d serve all spiriiuous liquors L. nder special ev ent ❑ plii Flnem ise L eity�een special ev ent and netail location (lir NO11 USING RETAIL LICENSE, SU BMR A LETTIIR C F A G RREN ENT ARCM THE A G ENiI/OWNRR C F THE UCIE NSBEI PRRMIS9 TC ! IUSPHND 7749 LICIE NS9 DURING THE EVBW. IiI THE SPEC IIA L EVEM IS ONLY USING A PORTION OA RREW E, AG BNT/OWNIIR WILT NEED TO SUSUIEND THAT POR71ION Oil THE P REME E.) SUC1110N C W hat is i h e pL. rplose of tr is ev entil DOn-site aonsurr pfion ❑Ofi-site (aL. ctiori) ❑Both SUCTION 7 Locatforl cit the Bveni: Aounta in Hills 'C OIr1 munity CE ntE r Addressall-oaafion: 13C01 N. LE Montana Bllvc. Aountein Fills, Manicclpe, Ariaclna 81r2E8 Sheei c1ty cat wn HOW Zip SUCTION it Will iFis be stacked wiih a wine festival/anafi disiillen fesiivalsl ❑7 es ONo SUCTION SI Applicant n• usi be a rr enrn ben of the qualifying organiaatior and CIL. i hoftec by an Officer, Direct an or C h airpenion of th e Oigaruaation r am ed in Section 1. (A uth ori2ling signatu re is rEigL. ined in Sectian 13.) 1. APFlliaani: Linaer Jecn"•- "• Lag FW ova We pate of Birth 2. ApFlliaani's mailing address: Glenpoint Drivel Founilain Hills Arizor a 8]268 sh tie Cry Zip 3. ApFlliaani's home/cell phone: `" • ApFllicant's bL.siriess phone: " 4. APFlliaani's errail oddness: ! 3) 1) 2016 Page 1 a l A Inc iv idu als ieclu idr g ADA accommada'lior s call (6Cl2) k 2-9027. SIEC111ON 10 1. Has 'IhEI applicant beer) aoriviclled of a lelony, oil 1 -ad a liquor license nevoked within the Iasi five (5) yecuissl ❑Yes ✓❑No 011)Eis,atachesllllanaHcu.l 21. How marry special evens licenses have beer) issued 'lo 'Ih is location chis year`sl 2 11he1 numbeir earned exceed 12 eivelnts F eu yearl erxeepticin: unc eii A.R.S. §+21U-Lwi(0].) J. Is the ongarliaal]orl using the services al a promalenoroiher persani'lo managEl the eventsl❑Yes ✓❑Na 111 }les, attach a ceFy cif He agreiement.] 4. List all pElaple and ongarlizaliorls \A ha will IleaEINE11 the pnocEleds. ACCourli fon 10CI%a ofl the proceeds. The orgarlizatiorl applying mLsi recekEl,'I9% of the gnoss re\Unues o'l IhE1 special event liquor sales. Atlach art adc ilianaI page if necessary. Name Fountain fills arlc L 046 Verce Museurr & Historical .CICIIE11y RElncerliage: 1OOC A ddress Name A c drat s Sheet Sheet Gb City Rercenlage: Slate 2 p Hale 2p J. Blease read AA.S1. �j 4.20:I.Cl2 Special event license: rules arlc R151-1-20EI lieauiremerlts fon a :becial Oven] License. Note: ALL ALCOHOLIC BEVERAGE SALIISI ME S11 BEI FOR CONIIUMR11ON A111HE EIVEINI SIx ONLY. "NCI A I COHCILIC BSVERA GIESI SIF A LI LEAVE SREC IA L EVINII U NI ESS 1HEY ARE INA U C LION SIEA LED C CINU INER!I OF THE SIRICIAL EVINI LIC EIS SIE ISI S1AC k ED WI* WINE /CRA F1 DIMILLIRN FESIIIVA L LIC ENSEI" 6. W hal type ofl security and confiiol mecisu ries will you lake to preverli violations 01 liqu on ICIWS at this event?l III isttype ordrurriEesofpaliceijseaunits Fesscrnnelordtyraollencdrgosciantsolbcrriets,itapp Iicotie.] 1 Numt en al Roliae Number oil Sec, ril Rersonnlel ❑Fencirl EAplcirlalion: Se curity will be prc vic Ed by an off duty pc lice officer SBC11CIN 11 Dales arc Hors of Overlt. Days musl be consecutive t Lt may real Exceed 10 conseCL live days. ]eieAI.R.S.§A-2144(1!q anc (1711 larlegalHaun olseirviae. PLIM SIE FIL11 O UII A SEFIARA TIB APPL CAO ON FCR EA CH "NON -CC NSOCUTIVE" DA Y Date Day of Week DAY 1: Febru2lry 21, 210,18 W e1d n esc cey DA ) 'I: CIA ) :I: CIAYz: CIA ) 9: DA) E: DA ) 1: CIA ) 8: DA ) SI: DAY 1CI: EN ert !hart I ]cerise End Time ANI/RM Tme AM/ PM 5:00 p.m. C:CC pxr. .1/1/2016 Page 2 oll 4 Iric K idu als naquining ADA aeaorrimadal ions call (6(12)942-9(127. ❑Oarriers SPECIAL EVENT LIC ONS ED PREMISES DIAGRAM (Thisi d laglram muse be compielled with this &pplication Spec ial Blvent Diagram: (Sho% dlrriensic n<., serving acre as, anc label type denclo. ure and siecurityl pe llllomi. N OTE. 5 he w net rest circ 551 situ ts, highwa), e r roae if It cation a oe<.lnll have an at d re ss North 5enotN e1 _ i dlcd Polk 1q mrr a : - . : a�4r,.r A eo hast o uaec-q F.axn MI flown .Rootn Choir storage L j Ll TOM Stomp. 3 HCIPI Ueeli�q paps 'i - -- Ira °� ai a . U S.M Mol Q KitCh t j P,uA uaN•tiq Rccm II Yeve t Ueet7 °` q Room 1 .r �-�••, ; _•,. rr�--,r--: 6omtoom s eoarootn a CI CU 1i Servat 5rn:a e C c "' G n;+l MW etr; t- Q JConk Rom C BolYomt 1 11 Bdtroont 4 Ratrww and PC �d r= ��.�1� zCd3� �ESZe••. uov EnV=e ! lobby 1 Lr— SOMA Cen ri Ccv, rcre Artz 0=1 Hdl C OMUM1►11 CENTER N.OQR PL4N ... M.w/ Fcuntain Hills Cc m rriunityl Center, 13001 N a LaMontana, Fduntalln 1-1111% AZ Lllquor service %III He in Ballroom 1, 2, 3, c r 4 as c esiignaW by the Ccimrnunity Centers staff. Security will be pcistec in the lobby cf the Community Center. SECTION 13 To be completed only by on Officer, Director or Chairperson of the organization named in Section 1. Deborah H. Skehen 1, gRmfw xpme> declare that l am an Officer, Director a Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are 1 , correct and complete. i (� President X— �5Z7— SlgrMure We/ P.M. bass, Phone ft". The foregoing instrument was acknowledged before me this _ State /l" zB0?'l. County of � COLIN HORNIA ixara ve°r My Commission Expires on: Nol Pb EPA,E utfv MAftIC,19,2018 Date - nwvremxwery ru `— TION 14 This section is to be completed only by the applicant named in Section 9. I, (hill Full fill � �.' �1 ', 7-- declare that I am the APPLICANT filing this apt as listed in Section 9. I h ve read the application and the contents and all statements are true, correct and comr X , Director \- xonatu Me/PosI (n Dote M.fi The foreg " g instrument was acknowledged before me this L 2 y r ,(,y.n r D9Y State - z�n°i/ Count' of / V T" �f COLIN HOeR 7-L�� My Commission Expires on: /� ; may"I Pubf�c - NN Dole •I d -^r 1, taRid eof NI Puwlc Please contact the local governing board for ad n on requirements, and submission deadlines. Additional licensing fees may also be required belong approval may be granted. For more Irdormallon, please contact your local jurisdiction: hito://www.azliauor.aov/assets/documents/homeoaae docs/Spec event links.odf. t overning II Approval aecnon. I, recommend 13APPROVAL ❑ DISAPPROVAL (aovemment0mclo9 (me) On behalf of , (CBy,Toen,Ceunlyl xgnaNre Doh (hone SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030, Invalidity of rules not made according to this chapter e ton- prohibited acts by state employees: enforcement notice B. An agency shall not bme a licensing decision in whole a in part on a licensing requirement or condition that is not specifically outhotlzed by statute, mle or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for Imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specTcally authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-320.01 OR 12-820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. Arluinci Depart me ni cf Iliquar Elc einslesl cinc Control 800 W Wavhingltcin 5ff Flocm Phoeinix, AI2I 85007-2934 www.aaliq uor.gc Iv (602) 542.5141 APPLICAVON FOR SRUCIAIL BV BN1 LICUNSE Fee= $121C10 pen day ion 1-1C1 c ays 1consecullve ] Cash Checks or Money Orders Only ACAD EN on Oateils): EN en tirr a :itc rtilend: csR: liciensei: A service lee o14,125.101C will be charged for all dishonored clhticks [A.FI.SI. § 44-6fI32] IMRORIIAN1 INFORMAT10N:1hisl docurr enll must be fdIly completed or Itvylil be refilmed. The Derlalirrlenit of liquon licenses and ConlHol must reaeive this appliciatlari len (10) businiess days pr or to the event. If the Speck I event wi 11 be held at a location without a Flermanlenl liquon licienise on it the event will t e ani any porton of a lacatian tha is mot ciavened by the existing liquon licenise, this appikicr ori must Ee approved by Me local go%ennimenf below submission to the DeFlalimenit of liquor licenses avid Conlrol (see Seation 1.0. SUCTION 1 Name of Oiigariizalion: Runtain Hills and IJewer VelydE Vall6y MUse1m & Histc rical Society SUCTION 2 Non-Rrofit/IRS TaN Exempt NL. mber: E 6-0E A 64C SUCTION 3 TI -e oiigarkialioni is a: (check one Lox only) ✓❑Charilable❑Fralernial (muss have negular membeilship and have been in existence foro,�er-live (5) years) ❑Religious ❑Ci\ is (Rotary, CollegEI ScholarsFip)❑Rcditical Rarty, Ballot MeasL.re or Campaign C ommilleel 31C1ION 4 Will this evenil be held on a cL,rrenlly licensed premise and within th e already appno\ ed premises?❑Yes r❑No Name of INsiness License Number Pl one IincludeArea Clade) SUC1ION S F ow is lh is sFleaial e\ eril going la condL,ct all disFlensing, serving, and selling of spiritu oL s liqu ors`sl Rlease read 8-19- 318 fon explanialion (look in special evenil planning guide) and ch eak one ail th a fallawing bo)es. ❑Place license in non-L,se ❑DisFlense arid serve all spirituous liquors L,ndernelailer's license ❑✓ Displelrlse arid serve all spirituous liquoiis L,nderspecial evens ❑Split premise between special elvenl and retail location (Vl h 11 USING WAIL LICHNSA SUBMIT A LEITHR OF A GREEMENI fIRCIM MIR A GEM/CIWNHR CIF THE LIC9hISH01 ARHMISH 1101 !IUSPHhID THH UCHNSH DU RINGI THE EVBM. IFI THE SAEC IAL EMENi IS ONLY USING A PORTi ON OA PAEMM E, AG ENIVOWNER WII I NEEKI TO SUSAENa THA T PORMON Oil THE AREMME.) SUC110N C What is the purplose of this elventsl Don -site consumFllion ❑Oflksite (aL,ction) ❑Bosh SRC110NI Localiorlcrithe9lveni: RountainHills Ccmn'IuflityCenter Address of Location: 1 3C O'I N. LE M e nta na Blvc . Aounte in Fills, Mariee pa , A rizc ne 89268 Sheet City Cot INn State Zip SUC110N 8 Will this be stacked will- a winie fesli\ al/ciiafi disfilleiifesiivaN ❑Yes ONo SUC110N it Applicant mL,sl be a member oil the qL. alifying ongarli2iatiori and au ihorized by an Officer, Direcclan or C h airplersion of the Oiigarli2iafiori niamed irl Section 1. (AL fh orizirlg signatL ne is requ fined irl 9eciiarl 13.) �r• 1. AFlplicani: Linger Jean Last Hirst Middle pate otBidh 2. AFlplicani's mailing address: 9. Glenpoint Drive Fountain Hillsl Arizona 85,368 Clity I lip 3. Applicant's h omei sell phone: ~,H Applicant's business phone: 4. Applicant's email address i's' ' 31ll jl2CIl E Pacia 1 cif 4 Inc ivic uals negL. fining ADA acaammac aiions call (6C 1)942-9027. SIRCTION 1C 1. Has the applicant been convicted oil a felony, or had a liquor license reg oked wi'I F in i F e las] live (5) yeanssl ❑Yes [INo 01yea, allach explonaticin.) A. How many special event licemes have been issued to 11 -is location this yearsl IITH a numb ei carnnad e) cried 1:1 en ents plea yearl e) ccipl lama unidei A.R.S. §4­2CM0211113)•] V 3. Is fF a organiaaiion using iFe seniices of a promoter or otF en person io manage tl-ei event 41❑Yes ❑✓ No Illiyes, attacH a copy al thei aglieeirrienrt ] 4. List c II peoplle and organizations wl-o mull neceive the pnoceeds. A ccount Ilan 1C10% of 11-a pnoaeeds. TV a onganiacriiari appllying must necesive 35% of 11-a gross revenues a1 11-e splecial e\ erli liqu on sales. AliacF arI additional page it necessary. Name Founilain HHis and Lower kende Mu SE1u rr 8 Historical SociieN Rercentage: 1 G0% Addness 1211i- Adc ness Sheet Stre e 1 011 Perceniage: State Z p State Z p 5. Meal rec d A.R.S. 9 e-2(13.02 Iloecial e%eril liaerlse: n les and R151 -1-2C19 Reau inemenis ton a Special Bveni License. Note: AILL AILCCIHOLIC HSI BRAGE SALBS MUS1 RE FOR C ONSIU MP11ON Al THR 1\1 ENI S118 CIN LY. "NO A LCOHOLIC REV ERA GEST SHALL LEAV E SIREC IA I EVENT U N1.110 THEY ARE IN A U CTION SIEA LED C OP TA INERSI CIR TE 8 SPECIAL 11VENT IIC ENSE IS STACKED WITH WINK /CRAFT DISITILLERY FRS111VAL LICENSIE" 6. W hat fy pie of security and coni nol meas u res will you lake to pineven'I violations of liqu on lav, is al 'I F is e\ eril9 just ty pe clnc nw rribem cd piaiiae/scut rity peuanriel and ty ple al leincdnd cu aantKd d arrieirs, H apipliaelbic.] 1 Nu mbesn of Rolice Nu mL en a1 Security Persarinel ❑1'ericirlg ❑Barriers Erllplanalion: Security will be prcivic Ec bN an off c utN pchce ciffice r SIEC110N 11 Dales and Hours of Eveni. Day s mu st be consecu live bu'I may riot exceed 1(1 conseau li\ e days. Seel A.R.S. 114-2441151] anid 11171] fol legall t ou n o1 s ery ce. RLEA SIE FU OUII A SAHARA TE APPLICA 71ON_FOR EA CH "NON-CONSIECUIINE" DAY_ Dale Day of Week DA1 1: March 28, 201E Wednesldaly DA `r 2 DA1 3: DA `r 4: DA `r 9: ❑A1' E: DA1 7: DA`r 8: DA`r Sl: DAY 14: 1Event Start License End Time AMI/ RMI Time A M/ RM 5:00 p.rr. ' CI:CICI pI.m. 3/1 /2ICII 6 Pagel 21 of 4 IrdKiduah naquikg / DA aaaorrimodaiicini nail (6021)54.1-9CK17. SPIECIAL EVENT LICENSED PIREMISIES DIAGRAM IThis d laglram m usli he caimp leted with this a ppllcaitlon) Special Event Diagram: IShow cimensiions, serving areas, and label type oflericilcsure anc sieaurityl pcsillions. NOTE: Shc w neamit cross greets, hilghway, c r road if lc catic n c oesr1 have an adc reser. von Co W fvf.�l Serll'o,r , R m•.,. �.. batt d Pd d inq Ares Ln..a- Nnvja ueet+n� i r v HM u eetsq Rom -� 00 L/71 v Service Mo j FWA U4tt-nq Ram ' Taeapei Ie" Rows y 1 •i i 1 tiomoora JI — -•"- � rrx-.-� � � 864room 2 1� 0 I� sen o, Sero r = a r cors+ Ko , P? t M C � Conference ' lRaw„ eomt j smarm+ + c ® Rates and ...,:,. _ •,—_ Par Phenl LAJ !! �� ® V V 1 lounge Wit Enume i labbj l —,.—. V—_—��� t:— rs was Smh Cen!r r CCI -•1n rd Arcl i f�oxl Flab COMMUNirl' W ;ER ILOOR F 101 AounU in Hills Community Certer,, 13001 N. LaMcintana, Fciunllain Hills, AZ. Liqucm service will be in Ballrcom 1, 2,, 3, oro ani cesignated by llhe Ccimmunity Centers staff. Security] will be pcstJed in the lobtly ci the Cc rnmunity Center. SECTION 13 To be completed only by an Officer, Director or Chairperson otthe organization named in Section 1 1,(P"Fail Nam.) Deborah H. Skehen declare that l am an Officer, Director a Chairperson of the cWnation fil this application as listed in Section 9. 1 have read the application and the contents and all statements are a coned and Complete.- X President Slpnahn we/Podlion Ne Mone Number The taegd instrument was acknowledged before me this I `G 2x17 year State 'v' 2.� Counryof ��l'a .... COLIN NORNINi4a°� "Nti'I Notary PublichayG.l Stale of Arizona MARICOPACOUNT' My Commission &piles on: // `"�" r E,,Iles diad 19.2819 Date N Public inls section Is to be completed only by the applicant named in Section Y. 1, (Purifier Nam.) Jean Linzer declare that l am the APPLICANT fling this application as reed in Section 9. I ve read the application and the contents and all statements are true, correct and complete. X e¢� Director S�-,�-, - 91gn TMe/P.A. Dare Phone Number The foregoing instrument was acknowledged before me this O ! State V)' � l 'fiCountyof ^"I� N ,rte „..nA NouN Pub( My Commission Npires on: / r �y 3• ";a E pnARl� Date .'..., rrease Colima me loco governing board nor aaambnal application requNemems and submission deadlines. Additional licensing fees may dso be required before approval may be granted. For more Information, please contact your local judsdktion: hNp'//wwwazliouaaov/assets/documents/homeoaae docs/spec event Inks Ddf. SECTION 15 Local Governing Body Approval Section. I, recommend OAPPROVAL O DISAPPROVAL (GovemmedaMdast (Me) On behalf of , (Cly,Toen.Counly) Sisal Doh Mane SECTION 16 For Department of Liquor Licenses and Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE A.R.S. 4 41-1030. Invalidity of rules not made according prohibited agency action- o cis by state employees: enforcement. notice B. An agency shall not base a licensing decision in whole or in Carl on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that generol grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PAM THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION a CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMU NIIY PROVIDED BY SECTION 12-820.01 OR 12820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call 1602)542-9027. J5 -I I -i ;l=' i__:36 ACED Auiaona Clepertmeint of Iliglucn Ulcienaeis and Ccintlol 800 W Wcshinglton 5th Flcior Phcien'Ix, AZ 8510CX 2934 www.azi'IqL cir, glove (602] 54i -51141 APPLICIPMON FOR SPECIAL BVRN1 LICBNSIS Fee= $25.0111 per day for 1-' 0 days (cianisecutive) Cash C flecks or Money Crdeiis Cnly FOP DLLC U11E C NL) Ellen t Daiells; : Evlentflrne stars/end: CSR: Lkii A sere sae I ee of $25.00 will be eh anged I or all dis11 anoned checks (A.R.S. 1144-M112) IMAOP IANI INFORMATION:1hh documelnt rr L st bel fLllly comaletdd or It Will bd mitumled. The Department of I Iquor Licenses and C aniblol musi rec eve this appliciallon ten 11Q k usiness days prior to the event. N the special evenit w II be 11 eld a1 a location A 1111 out a Fiermaneint lklu or licenise or 11 the event wi I be ori anly portion of a lociation that is not covered by the eDdst ng Ili on license, th Is application mu st k e approvec I: y the local governime nt beilore submission to the Departmenit cif Liqu ar Licenses anic C ontilol (se a Secilon 15). SECTION 1 Name of Orgariizciiion: R unialin Hills air c LC WE Ir VEIrdE Valley, MUSEUM & Historical Society SECTION 2 Non-Flrollit/INS 11ax Exemipt NL miber. 8E-06710E4C SECTION 3, TF a oligciriizafion is a: lch eck one boy only) ✓❑ barifable❑Frcifemal Imiusf h cave regular rriemibership and have been in existence for o`enfive 11.1) years) ❑Religious ❑Civic ilRotary, CbIlege Scholarship) ❑Rolifical Rarty, Ballot N easy re or C larriplaigni Committee SECTION 4 Will this event be held an a currently licensed premise and within th a alreacy applioved prerrisessl❑Yes ✓❑No Name at Bdsir on License N umbel Phone (tnckide Arecl Code] SEC:11ION 5 How is th is splecial ever going to condL,ct all dispensing, serving, and selling of spirituous IigL 011s6 Rlease read R-19 318 fon explanation IIlook in special event planning guide) and cN eck ore of 1 he follow'rig bo) es. ❑Rlace license in non-L,se ❑DiL, rlerrse arid serve all spirituous liquorsi L nder reiailer's license ODisperise and serve all spiniiuous liquorsi under special event ❑•` plif prlerniise baMaeen special ev ent and netail locaticirl (11 N01 USING AETAIL LICENSIlt SLBMITA LEMIR CF AGRUMEN1 ARCM THE AGIENI/OWN91i CF THE UCBAISB01 RRIIMISB TC !ILSWID THII UC9NS9 DUA INGI THE EVENT. UI THE SPECIAL EVEN] IS ONLY L SING A PORTION OR PREML E, AG 19N1/OWNI R WILL NEED TO SUSIPEND THAT POAi ZION Of THE AREMME.) SEC11ION C W hat is t h e PL rF ose of th is ev entsll Don -site consurripfion ❑Off-site (al. ctionr) ❑Both SEC11ION 7 Locatlon ciivent: ROuntalin Hills Ccmmunity CEIntElr Address of Laaafion: 13C01 N. UE Mcintanai Blvd. Rountein Hills, Mariccipa, Ariacne 81.02E 81 Sheet CRY cal Nn state Iiq S9CiIION 9 Will this be stacked wish a wine festi` Wail c istillen fesfivaN[--]Yes [Z]No SEC11ION SI Applicant must be a member of the gL,alifying organisation and aL fhorbac by an Officer, Director or U airFersori cif th a Oigariizatior named in Section 1. (A utli orizing signatL ne is required in Section 13.) 1. Applicant: LinaE r Jeie n Las Rm we die Date of Birth 2. AFlplicant's mailing address: Glenpoint Drive Fountain Hills Arizona 85208 Cft Staiel Lp 3. A Flplicant's 11 om a/sell phone: Applicant's business phorie: • 4. A pplicarrl's email address 21/112C16 Page 1 of 4 Indivic uals iii ig ACIA acciammcic alionis call (6C2)542-9027. SI C11ON 10 1. Has the applicarit teen convicted c11 a felony, or had a liqu on liaenlse revoked wiihiri the Iasi alive (fl) years�l ❑Yes ✓❑NCI (llyej, cdiaah eDplanatian.] 2. F ow many special ev erli I1clElrlses have t Eleni issued io ihis loaaiionl th is y eanq (the nurrlbeu cannoi enceec lil everis pcie years e)iceipiionis urideir A.Po:1. Vl•5103L(1211D].] U 3. Is -Ihe organli2ationl usinlg the services of a pllomotenonoihen plenson io marlclge the everli?❑7es ✓❑No 1111 yeis, of ach o copy, of ihei clglleeimerd.] 4. Lisi all people arid organiaaiions who will receive the proceeds. Aacounii for 100% o1 the llnoceeds. The onganiaaiion applying mu si neceive 2fl% oil 1 Fe gross nevenues of tH e spElcial event ligL an sales. Aiiael- an additional page it neaessanA. Name FaLrlain Hills and Lower Verde Museum) & Hislall]u11 Society Percenliage: 100% Acidness Name Address ]heel 9treel Uh Herlcerltage: Stale Zip Slate Zip J. Please read A.R.;I. § 4-.103.0.1 Special event license: rules and H19-1-.105 ReCILinernenlis fora Special Eveni License. Note: RILL ALCOF OLICI BBV ERAIGB SIAILM MUM BE FOR CICINSUMRIICIN A1111-118 DVBNT SI119 ONLY. "NO ALC CHOLIC DEVIIRAGBS SHALL LEAIVB SIPBCIAL BUDN1 UNLBSSI THEA AME IN AIUCTIOf SBALBD CONMINBRS OR * E SRDC )All 8\1 ENT LICENSE ISI SMACKED %ITH WIND /C RAMI DIS111L1 BRY BDSITIVAL I IC DNSIE" E. W Hai type 01 sEleun]ty and aonlirol measures will you take -lo prever 1 violaiiors of liquor laws cli ihis events) (Lisi type anic numbed crl ploliae/9eeudty peirsoninel anc type) all feinicdnig all gory ral bartleas, if appliaablei.) Expianaticlrl: _NL mber of Police Nu. mber of ;lecu n]ty Henionnel ❑Hencing ❑9clrriers Security will be providec by en clff duty police elfficer SIIICITION 11 Dates and F ours of Avenli. Days must be consecutive bui may not exceed 14 consecu live c ays. SeeA.A1.S. § 4:144(15] and 1117] foillegal houlls c6servicie. PLEASE 11LLI C UTI A SEPA AIME A PAIIICATICN FOFI HACH "NCN-CCAISEC L91V0" MY Date Day o1 Week Bveni StaK License Erid Time AM/ PM Time ANVRNI DAY 1: April 16, 20181 Wec r elslday 9:C C p .m . 9:00 p.rr. . DAY 2: DAY 3: DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAI 10: 3/1/201 a Pacla 2 al 4 Indivic uab raquiiing PI DPI aacarr moc atiam9 call (6( 2):1421-9x27. 5 PIE Cj AL EVENT LIC ENS ED PREMISES DIAGRAM (ThIji dlagnam muss be (bmple'edwlllh thiii apglica111on) Spe ciial E verit Diagram; (Show dirr en; Ic ns,, se uving aueas, and label types c f einclowre and security nos itic ns.. NOTE Sticw nearest cressistrieets, fIlcblway, or toad it location dcie<iri'd f avec an addresisi. M Sion c..mi Wed Por sen'sirNet +�►�... - ate=... �S Nleo J 7 N174jo aeet g F.cm� f � "--' Mt gown Store I cc ' ► Yeetir Room - - F: G robe uw I _-.... Iri + nn PUA U4etr.,l Rcem J c senior Serrli i QHI:e tuencc m I YC.4pci L eding Room � Sluice Na:, C ' Bof6'eam t i , BaAroom .. ' ; Lap Hol a ! nrl &Utroom , sawoom a Restroom and pq ftaw .... .4 r �..49 lounge - F-. ?moo Lobby _..... u-�..�- SovtH centrr cer•-lys re Area owl Hall C omwunrl r CENTER 111 -OM P1 AN - Em Fountain Hills Ccmrriunityl Center,, 13001 N. LaMcintana, kunllailn H111s, AZ. Llglucir service will he in Ballrcom 1, 2, 3,, er4 asi eesiignated hythe CoimmunitylCenten star$. Security) will he Pc stk in the lobby ci 11he Cc rr munity Center. SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. 1,(Pr1lIII Deborah H. Skehen declare that I am an Officer, Director or Chairperson of the organization filing this application as listed in Section 9. 1 have read the application and the contents and all statements are e, correct and copirplete. x President - Signoture o Tifil Po4Bon Phone III The foregoing instrument Was acknowledged before me this I -2,-/7 /t( {{RNIN� N nor rero State Ze til" Coun of GOON I �I,NO ic-5tzt`U i Ir nr 0,- Jan. 019 My Commission Expires on: �/t t a\' \'L E E v Da1C 1 ���✓� S atu ofN m SECTION 14 This section is to be completed only by the applicant named in Section 9. I, (P" Fm Name) ��"'� i- I — L `L-"` declare that I am the A as listed in Section 9. 1 h e read the application and the contents and all statements are tl x Director S 91gn FBI P.O.. �Ls The foregdng instrument Was acknowledged before me this Day State Z� Countyof u� tj�' COLIN HORNING 1 tate of Arizona My Commission Expires on: I 3/f/.^``c NolaN Public -Sc„oa CDUNTy -1 Dale=„.�'^;z _ v�irs 4rBni%i0 Please contact the local governing board for licensing fees may also be required before at Jurisdiction: hito://w Wrvv.azliauor.aov/assets/door SECTION 15 Local Governing Body Approval Section Phone Number requirements and submission deadlines. Additional d. For more Information, please contact your local I, recommend OAPPROVAL O DISAPPROVAL (Goyemmord0flB two) On behalf of , (air, Town, Cou” Signalure Dale Phone SECTION 16 For Department of Liquor Licenses and Control use only. OAPPROVAL ODISAPPROVAL BY: DATE:�� A.R.S. S 41-1030. B. An agency shall not base a licensing decision in whole or in part on a Fcensing requirement or condition that is not specifically authorized by statute, role or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless o rule Is made pursuant to that general grant of authority that specifically outhonzes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES. DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINATHE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE. MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION Of THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12.820.02. 3/1/2016 Page 4 of 4 Individuals requiring ADA accommodations call 160215424027. `I l� TOWN OF FOUNTAIN HILLS o Z TOWN COUNCIL ".� AGENDA ACTION FORM 9ii��et� Meeting Date: 6/15/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: David Trimble, dtrlrnble@fh.az.gov, 480-816-5125 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of CONSIDERATION of RESOLUTION 2017-17, adopting amendments to the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013, relating to the absentee reporting, personal phone calls, and record changes; employee classifications; introductory employment period; eligibility for benefits; vacation leave; sick leave — full-time and part-time regularly scheduled employees; miscellaneous leave with pay; leaves of absence without pay; supervision and discipline; paid sick time — part- time non -regularly -scheduled, temporary, seasonal and other employees; and declaring an emergency. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Paid Sick Time Staff Summary (background): Staff Summary for Resolution 2017-17 (Paid Sick Time) June 15, 2017 Town Council Meeting: In the November 8, 2016 general election, Arizona voters approved an initiated state statute via the ballot initiative process. This was known as "Proposition 206", "Prop 206", or "The Minimum Wage Proposition", due to the fact that the most publicized, well-known part of the proposition mandated an increase to the minimum wage to $10 per hour starting in January of 2017, incrementally increased it to $12 per hour by the year 2020, followed by cost of living increases each year thereafter. The Town of Fountain Hills currently pays all hourly workers above the $12 per hour minimum (lowest currently is $13.21). Title 23 of the Arizona Revised Statutes (ARS) is entitled "Labor" and in addition to minimum wage statutes, it contains the newly created paid sick time mandate. The state agency charged with rulemaking and enforcement of labor statutes is the Industrial Commission of Arizona (ICA). The applicable part of Title 23 related to paid sick time is located in Chapter 2 ("Employment Practices & Working Conditions") under Article 8.1 "Earned Paid Sick Time". This Article requires employers be in compliance by July 1, 2017 or face potential fines and penalties. In order to move the Town of Fountain Hills into compliance with Article 8.1 (the new Prop 206 paid sick time law) while decreasing potential future compliance risks, we are recommending the addition of one new policy as well as changes to several existing policies. The paid sick leave portion of the Prop 206 law broadly defines the conditions under which paid sick time may be taken, including mental or physical illness, care of a family member, a public health emergency, or absence due to domestic violence, sexual violence, abuse or stalking; broadly defines who is included as a family member; prohibits various forms of retaliation against employees for exercising any rights under the new law; and requires employers to provide various notices to employees about the law. Page 1 of 3 Foii Ire Town of Fountain Hills Q15 ar more emplOyEiea;, Ite riew Riiop X106 paid sick leave law: • reqs ires all erriployeas be furn ista( will ai least 1 tcwr of paic sink Ili rrie for every 3C1 hcu re they wark pilo,ices limitations on arrirlloyers I inquire at 00 illnesses lasting less Iran CI consaciciNe days • places speciifici rules ori tV a accrL al, ciarryloveii of siak leap a from year to year, anc oi. iliries sink leave rc les related io employee terminalionilserlaration and/ori re'Ic rn wilt in 90 days 11 defiries a rriinimic mi of 4 CI t curs per yeaii for employee usage of sink leave, if 1 he emipla) ae Vas at least 40 t ours of availat le accrued sick leave C urrently the -111own taxi three subset:i of erriployeaci for purposes of compliance with it riew law. One subset is full -lime employees. The -sown erriclloy;i approximately 44 fL II-tirrie employees. Theiii accrual and usage of sink leave is currently at ove the minirriurris reqs ired by the new Prop 20EI paid dick leave law. -1111- a new law will have minimal imipacd on It is grioL p all empla) aes. The ciecond ciubset is referred fo as "regularly schec uled" parl-tirr a employees; they currently earn Raic Time Ofil lJRTO) ltai is means to to ari all-iricdusive lype of leave. The -nowri Eirrirlloys approximately 10-12 part-limie iiegularly-schedi. led employees. It coy Id t e argued that t eaause It is giioL p earns RTO ata rate t igheii tt an the Prop '306 law requNes, here would be no neat fo change the lea%a rlolicy cis rrently in place. However, t ecause Raic Time Off is all-inclusive it is polerilially prof lerriaiic L ri(er the new chid dick leave law in leiims of doCll rriarilirig ciorrirlliarioe. For av arriple, ill an empla) ae rllans la t e 00 for a week of %aciaiiciri (IRTO), and CIL ring I t a coy rise of the week tt a arriployee feels sick for Ma of I t a days, I t a employer cion Id have c ifficiL Illy dCICll marilirig lhese two c ays as sick firre, Mince ltici employee only currently receives the more genesial, all- irialusive, Raic Time Off. In circ er io avoic this ly rla of potential doCIL rrierilalicin/ciorrirllianoe risk in the fUIlL re, we are also recommending ac ditiorial changed to the Personnel Marival that would, arriong oft er thirigs, eliminate RTO and instead piio%ice Mo leave ciaieclories— "Sink LeENEC aric "Vaoation Leave". These policies wog Id be sirriilar fo tt ose of the 1` II-firrie staff. We aiie also recommending policiy changes to allow foil a rricire equitable acimival systerri for rlari-time raclulardy- schedLled employees based ori theiii proportional hOLrs woiiked; and to miake relafec technicial ooiuieotions througt caul 'It a Remorinel Manual to eliminate iiefeiieriaa:i to RTO. CL rrently, paic time ofil IIRTO; acerL al rales aiie only proparliorial fo'%21he full-time employee ,�aciaiiciri leave rate, whereas rio arrioL nil is inclLced foil any other lypes of leave SL cit as sick and bereavemierii lease. Slo, even Itaugh paic lime ofil is rrearil, in ihearyl Ila be all-inclusive, there aiie somie garls tt at we aiie recommending be Milled througt this proposal. Tt ere is rice current provision to allow, parl-time regularly -scat edulac arriployees to aciorue leave in praporl ion lo their hours work ed. Foii example ari employee it ai is required fo woiik 20 howls per week CIL rrently accrues the same arriount of leave as ari arrirlloyee woiikirig 130 t ours rler week. In order to ac dress lhese issues we are proposing a rlrapor ional lea\ a aacmL al sy stem foil sick and \ aaalion leave. For a) arriple, oc r rpiorlosal would provide the part-iimie regularly sotac ulec arrirlloyee tt at works 20 hog its peri week with sink and vacation lease at a rate MAO (2CIACl; of f he full-time accrual rate; wt areas f he emiployee I t a1 works 130 tours per week would accrue .119 (30/40; of the fc II-tirrie acarc al rate. "a aiie also recommending otanges la oiheii lea\a iielated polioies wiltin it Reiisoririel Manual in orideii to addiiess lcipics suoh as bereavemieril lease, lease pa)aufs at serlaration; and make technical cit anges 91. at as delefirig refeiieriaes to rlaid iirrie A (IRTO). Mosf of the proposed charities foil part-firrie regi larly-schedL led employees reside within two rlolicies: 903 — °Vacalion Leave" and 905 — "S ick Lea\ a". These aric ac ditional related propasec cit anges are c etailed in the atlacit mierii. -111t a thiiid and final sut set of employees is iieferred io as "nori-regularly schedL led" part-firria emiployaes. This grourl iricdudes femipoiiaryl and seasonal employees as well. -111ta Town emplciys aprlrci)imafely '10-12 "part- tirrie rion-regularly schedL led" emplciyees. C urrently, these erriployeaci, ciuch as Park Pttendarifs, do not accrue any type of leave, buf undeii tt a riew law l t ey are iiequired to t e furmist ed with of least 1 t cu r of sink laa\afor a\eryl30 hog its fteywork, beginning July '1,''1017. Page 2 of 3 Our recommendation is to create a new policy entitled "PAID SICK TIME — PART-TIME NON -REGULARLY - SCHEDULED, TEMPORARY, SEASONAL, AND OTHER EMPLOYEES". As a result of this policy, these employees would begin to accrue sick leave at the minimum required rate of one (1) hour of sick leave for every thirty (30) hours worked. This new policy would also contain additional stipulations as required by the new law with regard to documentation, retaliation, reinstatement, etc. Please see the new policy and other related policy changes attached for more details. Risk Analysis (options or alternatives with implications): Compliance with the "Fair Wages and Healthy Families Act", also known as "Prop 206" is mandatory. Non-compliance would result in fines and penalties assessed by the state of Arizona through its labor agency, the Industrial Commission of Arizona. Fiscal Impact (initial and ongoing costs; budget status): We do not anticipate an easily quantifiable cash impact at this time, since the requirement only mandates time off and does not mandate cash payouts of accrued paid leave at the time of separation. Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Segments of the Town Employee Personnel Manual affected by the proposed change Article 8.1 "Earned Paid Sick Time" Proposition 206 Ballot Initiative Application 2016 General Election Publicity Pamphlet (page 93) showing the Proposition 206 Ballot language and format SUGGESTED MOTION (for coundl use): Move to approve Resolution 2017-17 prepaparere'd by: avitl Tnm le,Atlmmistmrve Semces Dnector 6/2I20i7— Director's Approval: .tr11 r David I runble, Administrative services Director App 4:�_ . V/�l Grady E. Miller, T m Mad ger 6/2/2017 Page 3 .1`3 THa aNt fiam Anii(i-Je 4! "Ecirnen floid Aid Timc " (A.R.K Tiilla 33 'T Aar") fcdlaws: aa- Ill). Definitions 4Claution: 11998 Hrop. 11CI9 applies) Elar purposes of this article: A. I'Musei" means an offense Flrescriilled in section 13-3E1�13, Arizona Revised Statutes. B. "Commission" is as defined in section 23-36.0, Axliaona Revised Statutes. C. "Domestic Violenaei" is as defined in section ]13-216(11, Ariaona Revised Statutes. D. "Earned paid dick time" meiana time that is compensated at Ue same hourlM rate and with the samie beinefits, including health care beneflits, as the emploMeie narmallM earns during hours worked and is provided bbl an emploYler to an employee fon the purposes described in section 23-373 of U.is article, but in no cases shall this haurlyl anicunt be less than that provided under the Fair Labor Standards Act of ISI -30 421SI United States Code section '106(P.11 4111 ) or section 213--363, Arizona Revised Statutes. E. "Employ" is as defined in seiatian 213-3E121, Ariaana Revised Statutes. El. "Empl]laylee" is as defined in section 21-3-362, Arizona Revised Statutes. Emplaylee includes xeaiFlieints cif Flublia benefits wha are eingaged in work aativitM as a condition cif receiving public assistance. G. "EmiFl]layler" includes any corporation, proprietaxahip, partnership,, joint venture, limited ]liabilit)l company, trust, aaaociaticn, Flclitical subdivision ofl the state, individual or other entity) acting dixeiatlyl or indireatlyl in the interest of an employer in relation to an emploMee, but does nat include the State ofl Arizona or the United ;Itates. F. "Family) memh eir" means: 11. Regardless of age, a biclagiaal, adapted or footer child, stapahild or legal ward, a child of a domestic partner, a child to whomi the eimploYlee stands ir. 3oco paziertlis, ax an individual to whomi the employee stood an 3oco glazier tis when the individual was a minor; 21. AI biological, floater, stepparent ar adoptive parent or legal guardian cif an eimploMeei ar an eimploMeei'a spouse or domestic partneir ar a person who stand in 3oco Flarentis whein the employee or employee's spouse or domestic partner was a minor child; .1. AI person to whomi the emplaylee is legally married under the laws aft any state, cr a domestic partner of an eimploylee as negiatered under U.0 laws of angl state cu political sU division; 41. AI grandparent, grandchild cr sibling (whether of a biological, fostex , adoptive cr atep relationship) of the employee or the employee's spouses or domestic pax tner; ar 9. AAM other individual related by blood ca affinity) whale close association with the emploMee is the equlivalent ofl a family relaticnahip. 1. "Petaliaticn" is as defined in seation 23-3E14 , Azliacna Revised Statutes. J. "Sexual violence" means an offense prescribed in: aa1 title 313, chapter 114 , Axliaona Pevi.ied Statutes, except fax sections 113-1408 and 13-119121-21; or Ilbj sections 313-11304 4AI; 113) , 313-11307, 113-3CI119, 113-3206,, 113-32112, 13-399,-1, 13-3993, 313-3554, ar 13-39(1C1, Axliaona Devised Statutes. N. "Stalking" means an offense presanibed in section 113-,'1903, Axliaona laevised Statutes. L. "Year" means a regular and consecutive 12-mianth period as determined b)l the emploYler. . 11 a-1-3" 2. Accrual of eazrieid paid siiick time IlClaution: 119519 Hrop. 1109 applies) A. Emplayees ofl an enploYler with 15 am more emplayleies shall accrue a mininun of one hour ofl earned paid sick time for every .ICI hours worked,, Hut employees shall not be entitled to acaruiei am use mane than 4(l houms afl aamned paid siiak time per yeam, unless the amployem selects a highem limit. B. Hmploylees ofl an emploMez with fewer than 119 emploMees shall]] aaarue a miinimua ofl ane hour of earned paid siiak time flat every 30 haums wamkeid, Hut employees shall not be entitled to acaruiei am use mame than SIS haums afl earned paid siiak time per year, unless the eimployem selects a higheir limit. Cl. In determining the number ofl emplaNlees peirforning work for an employer fom campensation during a given week, all emplayees performing wczk for compensation an a full-time, part-time or temporary Hasis shall He counted. In situations in which the number ofl enploylees who work for an emploMeir for compensation per week fluatuates above and Helaw 15 eimploylees per week over they aaurse of the yeam, an employer is required to provide earned paid sick time pursuant to subsection A of this section if it maintained 15 ar more eimploMeeis on the payrall for some portion of a days in each of �Kl diflferent caleindar weeks, whether ar not the weeks were consecutive, in either the curzieint ar the preceding year (irrespective of whether the sanies individuals were in employnleint in each day]]. D. All employees shall accrue earned paid sink time as follows: 11. Earned paid sick time as provided in this section shall tleigin to accrue at the aommienciament of amployn cent ar on July] 1,, 2017, whichever is later. Arl en p layer may provide all earr. ad raid sick time that ars emp layee is expected to accrue in a year at the beginning of the year. a. An employee may use earned paid sick time as it is aaaruieid, exaept that an employer may require an employeie hired afters July 11, 2017, to wait until the ninetieth calendar daY1 after commencing employment before using accrued earned paid sink tine, unless otherwise permitted UNI the enplayer. .1. Hmployees wha are exempt flram overtime requirements under the Hair Labor Standazds Act of 11939 429 Lnited Staters Cladei sectian 211311A, 1111; ; will be assuned to work 4(l hours in each work week flar purposes afl earned paid sick time accrual unless their normal work week is less than 4a hours,, in which case earned paid sick timie aaarues based upan that riarmal work week. 4. Harned paid sick time shall be carried aver to the follawing year, subjeat to the limitations on usage in subsections AI and B. Alternatively,, in lieu ofl carryover of unused earned paid sick tine fron one year to the next, an emplayer may pay] an emplayea flame unused earned paid sick time at the end of a Y1ear and provide the emplayyee with an aniaunt ofl earned paid sick timie that meeits or exceeds the ziequiz emeints afl this article that is available for thea employee's immediate use at the beginning afl the sub Sequent year. 9. If an employeei is transferred to a separate division, entity or location, but remains enployed by tta same employer, the employaa is eirititled to all earned paid sick tine aaarued at the prior division, entity or location and is entitled tc use all earned paid sick time as provided in t: is section. Whan there is a separation from employment and the employee is rehired within nine miontHs of separation by the same emplo)jar, previously accrued earned paid time that had nut been used shall be reinstated. Further,, the employee shall be entitled to use accrued earned paid siak tinier and accrues additional earned paid sick time at the re -commencement of employment. E. When a different employemi succeeds omi takes the place ofl an existing emplaYler, all emplayeas afl the original employer who remain employed by thle sucaeissor emplayer are entitled to all earned paid sick time they 2 accrued when emr-]layed by the original enployer, and are entitled to use earned r -aid slick time preiviously accrued. 7. Pit its discretion, an employer nay loan earned paid sick time to an eimployee in advance of aacrual by such employee. E. Any employeir with a paid leave Folicy, such as a Faid time off Falicy, who miakes available an amount of paid ]leave suflficient to meet the accrual requirements of this section that miay Be used for the same purposes and under the same conditions as earned paid sick time uncem this article is not requimeid to pmavide additional paid sick time. F. Nathing in this article shall be construed as requiring flinancial om other reimbumsement to an employeie fron an employer upon the employeei's termiination, resignation, retirenieint or other separation frons employment for aaarued eamned paid sick time that has not been used. 23-3'1=1. Use of earned paid sick time Caution: 11SISIS Prop. 1105 arplies; Al. Earned paid sick time shall be r-rovided to an emr-loyeie by an enr.]oyer fox: 1. Arl enployee's mental or physical illness, injury am health conditian; an employee's need for medical diagnasis, care,, or tmeiatment of a niental or physical illneiss, injury om health condition; an emr-]layee's neeid fox preventive meciaal came; .1. Came of a family member with a mental or physical illness, injury or health condition; camel of a famiily member who neeids nieidical diagnosis, cam ei, or treatment of a mental or physical illness, injury or health condition; aare of a faniily membem who neeids r-reventive medical care; 3. Closure afl the employee's place ofl busineiss by order of a public offiaial due to a pudic health emergency or an employee's need to care for a child whale school or dace of care has been closed by ander of a r-utlic offiaial duel to a publia health eniemgency,, or camei for aneself or a faniily nemter whein it has been determined by the health authoritieis having jumisdiction or by a health care pmovider that the employeei's or family niemter's presence in the community may jeoparciae the health afl othems because of his or her exposure to a communicable disease, whett:em or not the enplayee or flamily member has actually contracted the communicable disease; or 4. Notwithstanding seatian 113-443SI, A.zliaona Revised Statutes, absence necessary due to domestic vialence, sexual violeince, atuse om stalkincl, r-roviced the leave is to allow the employee to obtain for the employee or the enr.layee's family member: i1a) Medical attention neieided to recaveir fromi physical or psychological injury or disability caused by donestic vialence, sexual violence, abuse or stalking; i1b) Services fron a domestic vialence or sexual violence pragrami om victini services organisation; i1c) Hsychological or other counseling; i1d) Relocatian or taking steps to secure an existing home due to the domiestic violence, sexual vialence, abuse or stalking; or i1e) Legal semvices , including but not limited to prer-aring for am participating in any civil or criminal legal proaeieding related to am resulting flrom the damiestia vialence, sexual violence, abuse am stalkirig . B. Earned paid sick time sHall be provided upon the request of an employee. Such request may be made orally, in wmiting, by electronia means 3 ar by any other mesans acceptable to the employer. When possibIle, the request shall inalude the expeatsesd duration of the absence. C. When the use of earned paid sick time is flareseeable,, the employee shall make a good faith effort to provide notsiae aft the need flax such time to the employer in advance of the use of the earned paid siak time and shall make a reasonable efflart to schedule the use of earned paid sick tine in a manner that does not unduly disrupt the operations of the employer. D. An employer that requires notice aft the need to use earned paid sick time where the need is not foreseeable shall pxavide a written policy that contains praaedures fox the emplayee to provide notiaes. An employer that has not pravided to the employee a acspy of its written policy for providing such notice shall not deny earned paid siak time to the employee based on non-compliance with such a palicy• E. An employer nays not require, as a candi tion of an emplayea's baking earned paid sick time, that the employee searcH for or find a replacement worker to cover the hours during whiahl the emplayea is using earned paid siak time. EI. Earned paid siak time nay be used in the smaller of hourly increments or the smallest increment that the enploMer's payroll system uses to account for absences or use of other time. G. For earned paid siak time of three or more consecutive work days,, an employer may require reasonable documentation tHats the earned paid sick time has been used for a purposes wavered By subsection A. Documentation signed by a Heath care prafWassional indicating than earned paid sick time is necessary shall be considered reasonable documentation Bar purposes of this section. In cases of domestic violenae, sexual violence, abuse or stalking, one of the fallowing types of dacumantatian selected by the employee shall He considered reasonable documentation: 11. A police report indiaating tHat the emplayee or the employee's family member was a victim of domestic violence, sexual violence, abuse or stalking; A. A protective order; injunction against harassment; a general court order; or ather evidenaes from a court or prasecutsing atitsarney that the employee or amployee's family member appeared, or is scheduled to appear, in courts in connection with an incident of domestic violence, sexual violenae, abuse, or stalking; I. PI signed statement fromi a domestic violence or sexual violenae program ar victim services organiaation affirming tHati the emplayee or employee's family nember is receiving services related to domestsia vialence, sexual violenae, abuse, or stalking; 4. PI signed statement flromi a witness advocate affirming that the enplayee or emplayee's family member is receiving services from a victim services organiaatian; 1. A signed statements fram an atitsarneyl,, member of the clergy, or a miediaal or other professional affirming that tihles enplayee or employee's family number is a victim of damestia violence, sexual violence, abuse ar stalking; ox 6. Anl emplayee's written statement affirming that the employee or the employee's family member is a viatim of domestia violence, sexual violence, abuse, or stalking, and that the leave was taken far one of the purposes of subsesation A, paragraph 4 of this section. The employee's written statement, By itself, is reasonable documentation for absences under this paragraph. The written statement does not need to He in an affidavit format or natarized , But :shall He legible if handwritten and shall reasonably make clear the employee's identity, and if applicable, the employee's relationship to the family member. H. The provision of documentation under subseatsion G dues not waive or diminish any aanfidentiial ox privileged aommunioations between a victim of damestic violenae, sexual violence, abuse or stalking with one or more of the individuals named in sutsection G. 31. An emp]layer may not require that documentation under subsection G explain the nature of the health condition or the details of the domestic violence, sexual violenaa, abuses or stalking. 23-2741. Exercise of rights protected; meitaliatian prohibited (Caution: 11998 Flxap. 1(19 applies] A. 3t shall be unlawful for an emp]layer or any ather person to interfere with, restrain, am deny) the exercise af, or the attempt to exercise, any right protected under this artyalle. B. An employer shall not engage in reta]liatian ca discaiminate against an employee or flormier empllayee because the persan has exemaised nights protected under this article. Such rights inallude but axes nat ]limiited to the right to request or use earned paid sick time pursuant to this article; the right to file a aamplaint with the commission or courts am inform any person about any employer's alleged violation of this artialle; the right to participate in an investigation, hearing or praceeding or aaaperate with or assist the commission in its investigations of alleged violations of this article; and the right to inform any peirson ofl his ar her patentiall rights under this artialle. C. 3t shall be unlawflu3 fon an employer's absence control policy to count earned paid sick time taken under this article as an absence that may ]lead to or result in disaipline, discharges, demotian, suspension, or any other adverse action. D. Protections of this section shall apply to any person who mistakenly but in good flaith alleges violatians of this artia]le. 22-21'15. Natice QClaution: 31998 Prop. 11CI9 applie:ij A. Empllayers shall] gives employees written notice afl the following at the aamumencemiant ofl empllaymMent or by July 1, 2017, whichever is later: employees are entitled to earried paid sick time and the amount afl eiarnieid paid sick time, the termis of its use guaranteed under this artier]lei, that retaliation against employees who request ar use earned paid sicN time is prohibited, that each empllayee hasi the right to fi]lei a complaint ifl earned paid sick time as required by this article is denied by the employer or the employee is subjected to retaliation for requesting or taking earned paid sick time, and the contact information flor the aommissian where questions about nights and respansibi]lities under this artialle can Be answered. B. The notice required in sutsiection A shall Be in English, Spanish, and any language that is deemed appxapriate by the commission. CI. The amount of earned paid sick time available to the employee, the amount of earned paid sink time taNen by the employee to date in the year and the amount afl pay the empllayea hasi received as earned paid sick time sha]I]I He recorded in, ar on an attachment to, the employee'si regular paycheaN. D. The commission sha]13 create and make available to employees, in English, Spanish, and any language deemed appropriate by the aammission, model notices that contain the information required under subsection Al fax emp]layers' use in complying with subsection AI. E. Ad employer wha violates the notiae requirements of this section shall be subject to a civil penalty according to section 23-364(F), Axliaaria Revised Statutes. 9 X13- 3 7 E . Regula tions IlCautior : 1998 Prop. lIC15 applies) She commiission shall be autharized to coordinate inpleimentation and enforcement of this artiale and shall promulgate appropriate guidelines or regulations far such purposes. 33-•377. Confideintiality and riandisalasure IjCaution: 1998 Prop. 11019 applies) An employer nay not require disclosure ofl details relating to domestic violence,, sexual violence, abuse or stalking or the details of an emplayeiei's or an employee's fanilyl memheni's health informatian as a condition of providing eanined paid siak tymei under this article. If an employer possesses health inflarmation or, informatian pertaining to domestia violence, sexual] violence, abuse or stalking about an employee or employee's familly member, such informatian shall be treated as canflidential and not disclosed except to the aflflected employee ar with the penimissior of the affected employee. .2I3-378. Encouragement of pore generous earned paid sick timie poliaieisi; no effect an more generous policies or laws ]IClaution: 11998 Prop. 11CI9 applies) A. Nothing in thisi article shall be construed to discourage or prohibit an eimployen fron the adaption or retention of an earned paid sick time p ali cyl none genes sus than the are required hen ein . B. Nothing in this article shall be construed as diminishing the obligation afl an employer to comply with any contrast, collective bangairing agreement, employment benefbt Fllan an other agreement providing more genenaus paid sick t]Inlel to an emplayee than required herein. Nathing in this article shall be construed as dininishing the rights of pudic enFlloylees regarding paid sick time ar use of paid sick time. CI. Nothing in this artiale shall be construed to supersede any provision ofl any local law that pnavides greater nights to paid sink time than the rights established under this artiale. X13- 3791. Other legal requiremier is A. Nothing in this article shall be interpreted or applied sio as to create a conflict with federal law. B. This article provides minimum requlirements pertaining to earned paid sick time and shall not be construed to preempt, limit, or otherwise affect the applicability) of any other law, megulation, requirement, policy, or stardard that provides fon greater accrual or use by employees of earned paid suck time or that extends other protections to employees. 33-•38C]. Publia education and autreaah IlCaution: 1998 Prop. lIC15 applies) She commission may develop and implemert a multilingual outreach program to inform employees, parents and persons wha are under the care of a health care provider about the availability of earred paid sick time undem this artiale. This pragmam may include the distribution of notices and other written materials in English, Spanish, and any language deemed appropriate by the commission to all ahild care and elder care pmaviders, domestia violence :shelters, schools, hospitals, cammunityl health centers and other health care providers. 23-3E ] . Ccsllectvve barga:sning agreement ss (Caution: 11998 Picsp. 1(19 appliessj All or any portion of the earned Faid sick tinea requizesments of this article shall nats apply to emplo)jees covered YJ)j a vas]Bd cscslluat:ive bargaining agreement, to the extent that such requirements are expressl}j waived in the collective bargaining agreement in clear and unambiguous terms. No provisions of article E1.1 shall aFlplyl tsa emplarAees acsvered by a collective bargainirsg agreement in effect on the effective date of this act until the stated expiration date :sn the aallect:ive bargaining agreements. P PRLICATICN FOR INITIA111VE OR ROF13RE NDUM RETITION SERIAL NUMBER Sea rob nI of State 1700 W,washingltan 9b4et,7thFlaan PI oenix, A21410011 The undersigned intends to CillCulallEl and 011e an ITIATIV or a REII119REINDUM (circle 1ha appraprialEl ward) pelilicln and hereby makes applicalian 11cir the issuance aI an o Icia sepal numbers to LEI printed in the lawer eight -land canner of each side of Elach sidnalure shEI(It a1 such petittcin. Pursuant to Anizana FlevisEld 81aiutes FI 19.1'11, atlachEld helieta is the full test, in no less than eight paint lyre, cif the EA or COhSTIRTIONAL AMENDMENT (cilialu arpllcipniaiEl woad) inlandEld Wb IAT9 a RSPERREID (circle approprla a wonc) a1 the nex clenenal election. SUMMARY: A deacnipticin al nu mare than ane t undlud wards a1 it a principal r navisicins a1 the puapased law, canstituiicinal amundmunl un measullEI that will appears in no less Ihan eight point type an the face cd each petiticm signature shout tcl LEI cinculaled. ThEI RainWages and HElalthy Familkis Initiative incleaseS mininiurn wage icl S 'ICI in 21( '1711 e1n dnaduatly la $'I21 by 21(2(1; picivides 4 (I 1 ours annual "Elalned paid sick lirrne" fail employees all lamclel Elmr layers Q2z hauns fail IhasE101 srTlall emplayElrs;; time accllues a1 anel haur ElannEld Icor every 30 hounS wanke( ; time may LEI used to address circurTlstancEls caused by illness of employee all errir loyea's Iarnily, public hElalth ElmeulenciElS, all domestic vialenCE1; picihibiis nel'lalllatlnd against Elmplclyeas using'Itle bElnelfl; allows fan n'ICIlle genellaL S paid limie-off pclliciEIS; and exurnpis erTlr Ioy9EIS wl a Mplessly waivu IhEI ItElnefl undElr Calluclive bargaining aglKiernents. Signalwe olApplleanl Nomas Robles Riln'led Nama ofAppllaan9 3120 Nor '19th Aer1Le Alddsess Ph cisniN , AZ 85C1'1 E alty St: le Zip 115210; 775-3047 Telephone Number Dale o1 �Ippttcalion ? j0 Signallures Requimid T Deadline for Filing �Y Seniai N umbers Issued 11 TY FCIA OFFICE USE ONLY Revis ed 1'1/92 Anizariarls fall Fair Wages arlc Healthy, Families Name oil C Ir91a n iza tion (III a ni I) 31mNarth lEihA�enue Address Rh aerlb , AZ 85015 Citi Stale 21ip IJUG: 1715-3241 Telephone Numbei Tlarnas Rat les, Ch airmar Name of Clfficen and 1 Me 312(1 NCIr1H 191h Plvenua Addree! r Flhaanix, AZ E19CI'19 Citi Stale Zip QE 20; 717E-32471 Telephone Numbers Darryl Tattiiie, Treasureln Name of Clfficen and 1 ire 2c11 CI 0. C ary W ay Adrina es Phaeni�, A2 E90�21 (Ill} State 21p (EIC12: 283-9818 Telepi ane Number h 5 ;-d I;ld 0 n ` ` I 91 0 1 ''- I—' lr'St, 1� Qin -1 I ii t HIG HAR 30 I'll I�'I, c,7 C PFICIAL TITIIE AN INITIATIVH MEASURE AME NDINCI TITIIH 713, CHAPTER 21, ARTICIIH 8, ARI2ION A REMISIED SITA TUTHS, HYI AME N DINCI SECTION S 213 - 3f 3 and :13-3(4; AMENDINGI Tn LE 213, CHAPTER 21, ARIZONA REMISED STATUTES, BYl ADDINCI AR TICLH 8.1; RELATINCI TC ARIAONA'S MINIMUM WA GH AND EARNED PAID SICK TIME BEN (FITS. TEX71 CF III SED AME NDMENn Be it enacted by the Flaaplle of the State afl Aniaana: Seelian 1. Shar Title This act may be cite( as the "The Hair Wages anis Hlealthj Families A ct" Sec. 2. F. la ad in® char fle The article heac infill of title 213, chapter 21, article 8, Arizana Revised Statutes, is char lied fiKimi "MINIMUM W AGE" la "MINIMUM WAGE AND HMPLCYiEE BHNEPITS". Sec 3. Section 213.163, Arizaria Revised Sialules, is amianced la nead: 213-363. Minimum wage A. Emiplayers shall pay emiployees na less than the minimum wage, which shall be ($6.75) an hour beginning a fl r,,....ary 1, 200; NCT LESS THAN: 1. $1 C CN AND AI TER JA NU ARYL 1,X117. 2. 11 Cl.5(l CN AND AFTER JANL ARYL 1, 211018. 3. 111 C N AND AATER JANU ARYL 1, 2101 SI. 4. $121 C N AND AFITER JANUARM 1, 210210. B.'llhe miinimiurri wane shall be ineneased an Januanj :1, 210097/1 anc on January 1 of successive years, by the increase in the colt of livingl. 71he inanease in the cast of living shall be rrieasuned by the pleraenrlalge iris pease cis of Au€lust of the irrimediatelj preceding) year aver the level as of Auglust cd the pineviaus jean of the aarnsumer pliice index III unbars aansumers, U.'S. cily average far all items) all its successar incex as plublistled by the U.S. deplarmend of laban on ils successor aggencj, with the amauni of the miinirriurri walla increase raunic ed la IHe nearest miulliplle of five cents. C. Par any empllayee who cuslcnnarily and nelgularly receives tipls ou lgnatu ities fnami palrans an atlers, the emiplayen miaj play a wagle upl to 13.(10 plea haur leisi IHan he minirrurrri waffle if the errillllajen can establish by its raa ands al chanlled 1 ipls on by The enipllayee's ceclaratian fan lecera] irsunariae cantuibutions act (RICA, purposes that far each week, when ac ding lips received to wages plaid, the empllayee receive( ncrl less Illan The minirriurn wane far all Hours wankec. Camplliance with this puovisiani will be cetermined by avanallingl tipls neceivec by the errillllayee amen the coursic of the errllllajer's playuoll penia( or any other pleriad selected by The emplayeii that camp lies wiilll regulaliaris adaplec by the cornmissian. '.lee. 4. Sectian 213-36�, Arizana Revised'.Italutes, is arriendec to read: 213-364. Pnforcemierit A. The cammission is aull1anized to enforce and imp lerrienl This article and may ppiarrmlglale nellulalions aansislenl with I H is ar icle 1 a c a so. HCR I IURII OSE',I CF THIS SECTIC N: (1) "ARTICLE" SHALL MEAN BC TH ARTICLE 8 AND ARTICLE 8.1 C F THIS CHARTER; (21) "EARNED PAIN SIICKI TIME" IS AS DEHINEII IN 911123-37 1, ARIZC NA REVISED 1,1111ATUTES;113' "EMALC YEIR" SHAL L REFER TCI THE DEFINITION OF EMF LC YAR IN ISECTIC N 213- 3621, ARI21C INA REMISED STAMJTHS, FCIH Ell OSIES C F MINIMUM WIA GE ENFOR C EMENT AND SHALL REFER TO THEI DIERINITION C H EMPLO YEIR IN SECTIC N a3-37 , ARIZC INA REMISED STATUTES, FC R PURPC SES C IH EARNED PAID SICK! TIME ENFCIRCHMENT; ANI; I "RETALIA TICN" SHALL MEAN DENIAL OH ANY RIC HT GUARANTEED UNDER AR IC LE 8 AN D ARTICLE 8.1 C F THIS CHARTEN AND ANY THREAT, DISCHARGE, SIUSEENSIICN, DEMCI7QCN, REDUCTION 011 HCIURSI, CR AN Y CTHEH AE VENSE A CT10N AGAINST AN HMA LOYHE 111101R THE EXE RC1SE C F ANY RICIHTI GIUAR.ANTEEDI HEREIN INCLUDINCI ANY SANCTICNS AGIAINST AN EMPLOYEE WHC ]IS THE I REC IPIEND OR RUBLIC BENEHITSI FCRRICIHTIS GUARANTEED HEREIN. RETALIATICN SHAHL ALSO INCLUDE IN➢ERFERENCE WITH CR PUNISHMIEN'D BOR DI ANY MANNER RARTICIPATINGI IN OR ASSISTING ANI INVESITIGIATICN, RRIOCEEDINCI OR HEIARINGI UNDHR'IIHIS AR'lI1CLE. 71 5 r-. V -: t C i T �- BAo employer car other persar stlall DISCRIMINATE OR SUBJECT ANY PERK 011` TO RE71A -IATICN diseharge or li any other ^a^^•^^ aefien ^ q retaliatien fan asscutingl any claim ar right under Ibis ar icle, fon assislingl any alher person ini cuing) sa, an far infarmiingl any p ersan about 'Their riglllis. Takrngl adverse aclian aglairisl a perran wiilhin ninety c ays all a persan's englagling in the faregaingl aativiiies sllall rause a presurnipliani thal such action was vetaliatian, which miay be nebuticd by clear and canivinicing evic ence that such action was taken far other permissible reasons. C. Any pensan car arganizalian may file an acminislralive camplairt witb the commission chmginigl that an emplayer has vialated 'This article as la any emiployee an alflen Ileusani. When the camimissian receives a cumiplaint, the comimissiori miay navicw necancs reglanc ir.gl all emil a1 the emplaNer's worksite in order la pirated the ideni'lilN of anry clmplaNee icentifiec in the complaint and la c etermine whather a pal lerri of Valaticim has accurrec. The namle of an) emiplo}lee is entified in a camplairl ta'Ihe commission shall be kept canfidenitial ar king) as pasrible. Where the camrriissiani deicirmiinies'll al an employee's namle nest be cisclasec iri adder to iniveslipa'le a camiplairit further, it rniay so da only with the emplayee's cansant. D. Erniployers shall past notices ini the warkplace, in such format splecifiec by the cammissian, r.atify'ng employees cif their rights unicer this article. Emplayerr shall plravidel their buriness niamie, adc ness, avid lielepHar.e number in writing) to ernllllcyees upan hire. Eni shall mainlain pays oll records shawingl the hours warkec far each cam wadded, and the wagles ANL HARNE D HAID SICKTM plaid la all errip layees fan a period of fau r }Tears. Failura 1a da sa shall raise a rebultable presumlpticm lihal the clmplay er c id nal pay the required miriimiurn wage nate CH EARNEL HALL SICKI TME. The cammiissiar may by neglulatiari reduce on waive the recondkeeping auc paslinill uequiremends hevair, far arm caleganies of smiall eniplcyers whom) it finds would be unreasanably burc enec by such requirements. Errglllayers shall plermiil the commission an a law enfaraemleni officer la inspecl and copy paNrcll ar other business records, shall plarmil therm to inden iew emiplcyees awaN frlom the wouksiie, arae shall niat hinder any investigalian. Such informalian provided shall Aeep confidential except as is recluined to prasecute vialatiuns of ibis article. Ernpluyels stlall llenmlit ari err.plcilee or His ar her cesignaled repnesenitalive la inspecl and caply playrall records perainingl to )hal ernplaNee. E. A civil aclior, to enfarce this ar icle may be maintained in a court of comillelerit jurlisdiciliani tly a law enfoncemend affrcer un tly any private plar y injure( by a vialailian of this article. F. Any amlplcyer wHu violailes ncicorc keepirgl, pasting, ar other regluinements that lbe commission maj establish unit en th's article shall be subject to a civil p enalily of al least $21501 c ollars fon a firsl violadian arc a1 leas) $100(1 callai:• for each subsequent un willful vialaticm anis may, if the commissions un court c etermines apinapriale, be sull,jecl to spacial rriarJlaringlarae inispecticim. G. A ny errp Ici]an who flails la pay the wafles Ohl EARNED PAID SICM TEVM required under this ar icle shall tle require( to play 111e employee the tlalance of 111e wages C114 EARNED HAIL SICK TIME owed, incluc inigl inllenesl tHerearn, arc ani ac dilianal arnaunl equal la twice 111e underpaic wagles ORI EARNED PAIL SICK TE E. Any emiplalen who reialialles aglainst ani emiplla]ee ar other plensani ir, vialalion of this ar icle shall tle require( la pla] the amillllcyee an anaunrl set b} the cammission un a caur sufficient to comipensale the emlpl loyee and cetera f pure vialalians, but nut less than once hunidrec fIfly dollars fur each day that 011e viclaticm car tinuec or unllil legal judglmenV is finial. The carrimission and the caur s shall have the aullharity is order paNment of such unllaic wagles, UNHAE EARNED SICK TMI, crlher amiaunts, arc aivil p eniaHies arc to order ar) a1Her apprapriate legal un equitable relief fun vialalians cdVhis article. Civil penalties shall be relainiec by the aglenicy that recavened 11lem1 al usad to fmiamice activities la enfarce this article. A prevailirig plaintiff shall be entilled la reasonable atllorney's faes arc casts of suit. H. A civil action la enfarce this article may be ccrnrniericec nia later lihan two years afler a vialo6oni last occurs, ar three y ears in the case) of a willful vialatian, and may encamipass all viclaticros )bat acaurrec as plait of a cantiruingl caurse of emiplcyen corcucl reglarc less of their dale. The s+latute afllimitaliar.s shall be tallec during) arty investiglalion of ani emplayer by the commission un other law elrifarcemeril aff can, bul such irvestiglatian shall viol tlar a persari frarrl briniglinigl a civil action under this artiale. Na vertlal an writleri aglreernied cul erriplayn end conolracl may waive any rights unicer lhrs article. 1. The leillislallune inlay bbl stalute raise the minirriumi wagla established under lhfs ar icle, emend coveralle, ar increase peniallies. A cuurly, citN, ar lown maN by oro iniance reglulale miinimum wages arc tenef is within its gleagpialhic bcuncaries but miay not pravic a fun a minimum wage lower )ban-1hal pnescritled ini ibis article. Stale aglenaies, caurilies, cities, li anic crlher palilical subdivirians of the stale marl consider violaliaris afthis ar icle in delermin'ngl wheilhen amip la]ens may receive ar menew public cundracls, financial assislance ar licenses. This article shall be Rel cwnslrued in fai of ills purposes aril shall niat limit the auVharilly of the legirladmie ar anryl alher bady to ac opt any law on policy thal requires payment of higlben on surIpIlemendal wages ar beriefits, ar Thal extends such pralleatiunis la emiplal or emiplci]ees neat coverer bbl thrs article. =T 21tri 111011R X10 Pi; 12. c� -i Sce. 5.1ille 23, ahap len :I, Ariz( na Meuised 9tatu Ies, is amended by adding article 8.1, to uead: ARTICLE 8.1. EARNED HA: D 111CIC TRVIE 23-371. Definilioris 1014 HURA O SES C F THIS ARTICLE: A. "ABUISE" MEAS SAN C HFEN SE HRHSCRIBED IN SECTICN :13 362J3, ARIZONA REVCISED STATUTES. B. "COMMIS'IIC N" 19 AS DEffiNED IN SHCITIC N 213-3621, ARIZCN A REMISED STATUTI S. C. "DOMESTIC MIC LEN CIH" ISA 9 DEIIINED IM SECTION 13-36CIl, ARI20NA REMISED STATUTES. D. "EARNED PAID SICIN TIME" MEANS TIME THAT 19 COMPHNSATHD AT THE SAM! HC URI1Y RA'DH AND WITS I THE 9ANH BENEHITS, INCLUDING HHA.LTH CARE BENE F1719, AS THEI EMPLCYEE NORMALLY EARN 9 DURINIC HCUR9 WCRKBD AND ]IS HRIC`1IDED BYI AN EMPLC YER TO AN EMPLOYEE FCIRI THE PU14HOSES DESCRIBED 1N fIHCTIC N 213-3A3 CF THIS ARTICLE, BUTI INN01 CASE SHAHL THKI HOURLM AN OUNT BE LHSS THAN THAI T PRICIVIDED UNDER! 'DID FAIR LAE OR STANDA.RD'1 A CT OH ] 5138 (21SI UNITHD IIIIATHS CODE'IECTICIN 21061IA; (I ; ; ORI SECTION 23-363, ARIZONA REVISED STA-3UTE9. H. "EMHLC Y" 19 A9 DEH1N ED IN SECTIC N 23.362, ARIZON A REVIISEII STA TUTH9. F. "HMPLCIYHE" 1f1 A9 DEFINED IN SIECT:ION 23-362, ARIZONA REV11911D STATUTES. EMILC YEE INCLUDES REC.IHII NITS OH PUBLIC BENEAIT9 WHO ARE ENGAGED INWCIRK A CTIVIDYI A S A CCNDI TION CIF RECEIVING PUBL:ICI A9SISTA.NCE. G. "EMPLOYER!" INCLUDES ANY COIRI ORAITICN, PRCIPRII TORSHIP, PARTNBMSI]IIP, JOINT VENTL RE, LIMITED LIABUJITYI COMI ANY, TRUST, ASSCICIIATICN, PCLIIICAL SUHDIVYIION CIH TH11 STATE, INDIVIDUAL OIRI C THER ENTIHY A CTING DIRECTLY! C IR INDIRECTLY IN THE INTERE'IT OF AN EMI LCIYHR IN RELATION TC AN EMPLOYEE, BUTT DCIES N C T INCILUDE TH11 STATE 01 ARIZONA OTR! THH UNITHD STATES. H. "FAM ILY MEMBER!" MI ANIS: 1. REGARDLESS OH AGE, A BIOLOGICAL, ADCPTHD C IR HOISTE14 CHIIII, STEPCH ILD C IR LHGAL WARD, A CHILD CF A DCMESTIC PARTNER, A CHMII TO WHCM THEIEM1IIOYEE SIANLIS JA1116CC PAREAITIS, CH ANI INDIVIDUAL TC I WHOM THE HW LC IYEE STOOD INLC CG PARENT161 WHEN THE INDIVIDL AL WA 8 A MINOIRI, 2. A B10LOGIICA.L, FCISTER, STHPPARENT OIR ADCIPTTVE HARENT C IR LEGAL GUARDIAN OH AN ENULCIYHH CR AN EMPLOIYHE'S SHOUSE CR DCIMESTIC IIARTNH14 ORA HER'ION WHIO STOCD INLCCO PARENAS WHBN THB EMPLOYEE CR EMPLOYEE'S SHOUSE CIE DCMESTIC HARTNBR WAS A MINCR CHILD; 3. A I E1&1ION TO WHCM THE! EMI LOYEE 19 LEC ALLY! MARRIED UNDER THH LAWS OF AN Y 9TATH, CIR! A DCIMHSTICI HA.RTNBRI CF AN EMPLCIYHH A9 REGISTERED UNLHR THE LAWS OH ANY STA'DE OR I011171CAL SUBDIVISICN; 4. A GRANDHARENT, GRANDCHILD CH SIBLING (WHITHER CF A BIC LOGICAL, FCISTI R., AE OATIVE CIR! 9THP RELATION! SHIN; OH THE HMI LOYEE C IR THE EMPLOIYHE'SI SHOUSE CIR! DCIMHSTIC PARTNI R; CR 5. ANY OTIIER INDIVIDUAL RDLA TED E Y BLC I011014 AFFINITY WE OSE CLOSH ASSCICIA TICN WI1H THE EMR LOYEE 1S THH E� UIVIA LEN -1 OH A FAM ILYI RELATIC NSHIP. 1. "RETALIATION" 1;1 A S DEFINED IN 9ECT.ION 23-3( 4, AR]ZCNA REVI1f1111) STATUTES!. J. "SEXUAL VICILENCE" MEANS AN OfFHN9H HRESCRIBED IN: ljA; TITLH :13, CHAPTER 14, ARIZONA REVISED STATU'DEfI, ENCEPT HOIRI 9111ICT10N9 13-1z Q8 AND 13-1421.1; CR (1B) SHCTICNIS ] 3-1304(A'(13),13-13(17, 3-3(1191,13-32106,11-32112,13-3552,13-3553,13-3554, CR 13-3561, ARIZONA REVISED STATUTES. K. "STA.LKINC"MI ANIS AN CIFFENSH HRE'ICRIBED IN SECTION 13•-251213, AR]ZCNA REVISED STATUTES. L. "YEAR" MEANS A REGULAR AND CONSHCIUTIVE 12 -MONTH BERQOlU AS DETERMINED BY THB EMR LC IYER. 23-3TI. Accrual efBarn ed Pai( Sick Time 20i61±Ei,R l3i.0 Fill U A. EMI BOYBES CIF AN EMIILOYBRI W rFH :15 OBI MORE EMBIBOYHES SHALL A CCRUE A MINIMUM OH ONE HCIUBI OIF EARN ED HAID'11CK TIMH FC IR FIVIF.RIYI 3CI HOURS WIC IRKED, BUT EMI BOYBES SHALL NCIT BE EN TITLED TC ACCRIUF OA USE MORE THAN � 0 HOURIS C H EARNED BAIL 9ICA TIME AHA YBAR, UNIIEH9 THI EMF LC YERI SELECTS A HIGHFIA LIMIT. B. HMBILOYIEH9 C FI AN EMB. LCIYBR W1111 FEWER THAN 15 EMPLC YHES SHALL ACCRUB A MINIMUM CB ONE HOUR OH EARNED HAIR TICK TIMH FC R EVERIYI I CI IIC URS WC RICED, BUT EMI LC YEES 9HAI III NOT BE ENTITLED TCI ACCAUEI CA USE MORE THAN :14 HOUA9 C H EARNED RAID 9ICA TIME I FIR YIEAR UNILESS THE HMF LC YERI SELECTS A H]IGHEIRI LIMIT. C. IN DETHRMEUNG THE NUMBER OH E MPLC YBES HERFC RMING WORN FC R AN EMPLC YER I C RI CC MBIHNSA"DICN DURING A CIVEN WBEN, ALIT BMPLC YFIE9 PERFCRMING WlORN FOA CCIMIPEMIATION CN A FIULB-TIMH, BAR -1 -TIME C A TEMPC RARYI BA 9119 cIHAl- L BE CIOUNTED. IN SITUATION'I IN WHICH THE NUMBERI OH EMPLOYHHS WHC WC RK HORI AN EMPIIOYBR HC IRI CC IMPENSA TICN HEA WEEN FLUCTUTA TE'1 A BO VIE AND BEBOWI 15 HMPLCIYEHS PER WE EIQ C VHA THE CC U11911 CF THE YHAR, AN EMB1 LOYBm I9 RHQUIRED TC PRC VIDH I ARNED HAID cI1ICK TIME PURSUANT TO SUB SHCI-ECN A Of THIS 'IECTION IF Ill MAIN'I AINED l I CA MCIRH EMPLCIYHHS C IN THB PA YRCII .L FOIA 9C IMS HOR(TIC N CIF A DA Y IN EA CHI CIF all D IFBERENH CIALENDAR WBEK9, WHETHE R ORI N OT THH W'EIINS WBR.E CON'IBCIUTITVE, IN ETI HER THE CURRENT C R THE HRECIBDINC YEAR (UMISI 11CI.111VE OF WHHTHERI THE SAME I,M]IVIDUAL 9 WBR.E IN EMPLOIYM BN'll IN HA CH DAY). D. ALL EMF LC YEBI9 SHALL A CCAUE EA.RNE D PAID SICIN TIME A S I IOILLOWl9: 1. HARNED PA ID SICKI TIME A 9 PRIC VIDHD IN THIS 9ECTIC N 'IHALIL BECIN TO A CCRUE A T THE CCIMMENCEMENT OH EMIPLCIYMENT OR CN .IULYI ;1, :ICII'I, WlHICHEVHBl1H LATER. AN EMPLOYER MAY HRCIVIDE ALL HARNED SAID SICK IIIMH THAT AN EMPBOIYEE I9 HXPECTEII TO I A CCRUE IN A YBA.B AT IIHE BEC INNING C F THE YEAR. a. AN EMPLOYEE MAYI 119111 ARNE 11 HALO SICK TIMH A9 IT I9 ACCRUED, EXCEPT THA -1 AN EMB LOYHA MAY R.EC UIRE A. , I EMF LC YEE HIRED AFTER JUI IYI 1,1(1:17, T01 WAIT UNTICI THU NINETIETH CALENDAR DAY AF -I EA CCIMMENCINGI EMPLCIYMENT BEFCIRE USING I A CCRUBE EARNED PAIL 9ICN TIMH, UNBES9 OTHERRMISH HERMITT]ED BYI THE EMPLOIYBII. 3. HMPLCYHES WHCI ARE EXEMPT HROM C IVEATIMH REQUIREMENTS UNDIEA THH HAIR LABOIRI STANDARDS ACT 011:1 S138 (2SI UNITED STATES CICIDE SECTION 2113(A; (1); WILL BE ASSUMIIII TC WORM 40 HOURI'1 IN EA CHI WICIRK WIEIIN FOR! PURPCISE9 OIFI I ARNEID HAID 'TICK TIMID ACCRUAL UNLESS THEIR N C RMAI WORN WEEN I9 L1199 THAIN 4 0 HC URS, IN WHICH CASE EARNED RAIL 9ICKI TIME ACICRUE9 BA SED UPON THAT N C RMAL WCIRK WHEN. 4. HARNED PAID 9ICA TIME 11HA.LIL BE CARRIED C IVER! TC I THE FCLBOWING YEAR SUBJECT 10 THE LIMIITA TICIN 9 C N USA GE IN'IUB'IECTIC N9 A ANL B. Al TERNA TIVELY, IN LIEU C F CARRYOVER C IFI UTIUSHD EARNF D HAID SICK TIMID I ROM CNB YEA R TCI THE, NENIT, AN EMBLCIYIF R MA NI HAY AN HMB] LOYBE I OR UNU'IHD EARNED PAIL SICKI TIME A T THE ENE OF A YEAR AND BAC VIDE TUB EMPLOYEE WITH AN AMOUNT OF EARNI D HAID 'TICK TIME THAT MEETS CR EXCEEDS THE RHC PIREMENITS OF THIS ARTICLE THAT I9 AVIAILAF BH HC IR THFI EMPLCYHE'9 RvIMED IA7111 UI'IE AT THE BEGINNING ON THE 9UBSEQUEN T YEAR. 5. IF ANI EMIPLCYHE IS TRANSFERRED TO A SEHARA TE DIV] SIOIN, HNTITYI CIA LCICA TION, BUT REMAIN S EMBILC IYED BY THH SAME HMT LCIYERI, THBI 11MPLCIYEE 119 ENTITLE D TCI ALB HARNED HAID 9ICN TIMB ACCMUBII AT THH PRIC14 DIVISION, ENTITY CRI LOCA TION AND I9 EN'➢ITLHD TCI UISE ALL EARNED HALO) SICK TIME A S PRICIVIIDED IN THIS 9ECTICN. WHEN THERE IS A 9EPARA TIC IN IROM EMPLCYMENT AND THH EMPLOYHE I9 PJ31MID )WITHIN NINE MCNTHS CF'IEF ARATIOIN BY THBI SAME EMPLCYERI, F RE VIOUI'ILY A CCAUED EARNEE PAIL 9ICM TIME THAT HAD NOT BEEN U'IEID SHALL BE REINSTATED. FURTHFIRI, THBI ENIPLCIYEI SHALL BE ENTITBED TCI USE ACCAUHD EARNED PAID S:ICKI TIME ANDA CCRUE AEID]ITICNAL EARNED SAID SICK TIMBI AT THB RE-CCIMMENCEMEN 71 CIF EMFLCIYMEINT. 6. WHEN A DMBERENT EMPLOIYHA 9UCCEHD9 CIR TAKE 9 TIM PLACE CF AN BXISTINC HMPLCIYER, ALL EMPLCYHE'I CIFI THFI ORIGINAL BINTLCIYERI WHO RENAIN EMIPLCYEID BY THE SUCCE99CIR HMB] LOYERI ARE ENTITLED TO ALH EARNF D PAIL SICK TIMH THE Y ACCMUEH WHEN HMI LOYBD BY THE CIRIGINAI EMPLCYIHR, AND ARE ENTITBELI T01 USE EARNED PAIL SICK TIME PREVIOUSLY ACCAUm. 7. AT ITS DISCRETICN, AN IMPLCYIIR MAY LOAN EARNEE PAID SICIN TIME TC AN HMPLCYBE IMI AL IVIANCE CIF A CCAUAL BY SUCH EMB] BOYEE. 2916 h'i�i1 nn Gi`I 112SC E. ANY HMHLC IYERI)MITH A HAID LEA VH POLICY, '.IUCHI ASA PAID TIME C FF IIOLIC-d, WHCI MAICES AMAILAE LE AN AMOUNT CIF I AID LEA VII SUI FICIHNT T01 MEET THF A CCRIUAI RHQUIREMEN TS CIF THIS SECTION THAT MAY BE USED FCR THE SAME. PURPOSES ANU UN DER THH SAME CCNDTRICNS AS EARNED PAID SICIK TIME UNDER THIS AR TICIIE IS NOT REQ UIRI D TO 11RIO1`IIU E ADDITIONAL RAID SICK T IRVID. H. N OTIIING INTHIS ARUICLE SHAI L BI CCNSTRIUEII A'I REQUIRIN G HINANCIAL OR CITHEIR REIMBURSEMENT TO AN EMULOYEE AROM AN EMRLOYERIUPON THD EMI LOIYHE'S TERMINATIIION, RES]IGNAT]ION, RETIR11MENT OR OTHE14 SEHARA TION HRIOM EMPLOYMANT FIORI A CCRIUED HARNEII RAID SICK TIME THA T HA 11 N OT I BERN USED. 213-313. Use cif Eaiinec Paic Sick Time A. HARK HD RAID SICK TIME SHALL BH HRIOIMIDED TO AN EMI IIOYIEE BY ANI HMRLOYERI HCIRI: 1. AN IMPLCYHH'S MENTAL ORI111MISICAL ILLNESS, INJURYI CR HEALTH CCINDITICN; AN EMPLOYDE'S NHHD FIORI MEDICAL D'IACNGIIIIS, CARE, OR TRIIATMENT Oil A MEN TAL ORI PH YSICAL ILHNRSS, INJURIY ORI HEALTH CONDITION; AN EMAROIYEE'S NEED FOR HRHVBNTIVE MEDICAL CARE; 21. CARE OR A RAWLY MEMBE14 WITH A MHN TAI OR HHYSICAL IIILNB SS, INJURM OR HEALTH CONDITION; CARE OF A HAMII Y MEMBE14 WHO NF EDS MEDICAL DIAGNOSIS, CARE, C14 TREATMENT OF A MEN TAI 0114 PHYSICAL ILLNESS, INJURYI OR HBAI TDI CONDI-BION; CARE CF A IIAM[n Y NID MBERI MHO NI EDS PREIVENTIVE MEDICAL CARE; 3. CLOTURE CIF THH EMPLCYDE'S PLACE OF BUSINESS BY ORIIEIR CIF A HUHLIC C IRFICIAL DUE TO A RUBRIC HEALTH EMERIC HNCM OR AN EMPLOYHE'S NEED TO CARE FCIRI A CHILD WHOSE SCHOCL, ORI HIIACE OF CARE HIA S BEEN CLOSED BY OIRDHR CFA PUBLIC OFFICIAL DUE TO A PUBLIC HBA.L TH ENTERIC ENCYI, OR CA RH BOR CNHSELH OR A HA.MIIIYI NUMBERI WHEN ]IT HA'.1 BEEN IIHTERMIINEII BM THE HEIALTF AUTIHCRITIIH'I HAVING JURISDICTION OR BY A HEALTIH CARE I ROIVIDERI THAT THH EMPLOYEE'S CR HAW -LY MEMBER'S PRESENCE IN THH COMMUNITY MA Y If OHA.RE IZE THH HHALTH OF C ITHERJS BECAUSE OH HIS ORHHRI EXPOSURH TIO A CCMMUNICABLE D]ISEASH, WHETIHDRI ORNCT THE EMILOYEH C H RAN IILM MEMBER) HAS ACTUALLY CC NTRA CTEII THE COMMUNICAE BE DISEASE; OR 4. NC TWITHISTANDINGI SECTION ] 3-44 39, ARIZONA RHMI:IED STA TUTIES, AE SEN CE NECESSAIi Y DUE TIO DOMESTIC VIC LEN CE, SEXUAL VIOLHNCE, ABUSE ORI STALKING, PRC NIL I D THE LEA VEI 1S TO ALLCNM THH EMPLOWE TO OBTAIN FORT THE EMPLOYHH OR THH EMPLCIYI E'S FAMILM MEMBER: (a) MEDICAL ATIENTICNN13EIIHD TCI RIECOVERI FRICIM HHYISICAL CRIPSYCEIOLCIC ]CAL IN JURYI OR DISABIIHTNI CAUSED BY DOIMESTIC VIC ILENCE, SEXUAL VIOLENCE, Al USE OR STALKING; (H) SHRVIICIHS FRICM A DOIMHSTIC VIOLENCE CIN SEXUAL NIICILHNCE RROGRAM CIRI VICTIM SERMICES CIRIGANIZATION; (c) HSMCHOLCIG]ICAL ORI OTHERI COUNSELING; (1c) RELOCATIIC N OR T TAKING STEPS T01 SECURE AN EXISTING H OMI DUE TO THH DOMESTIC VIOLENCE, SEXUAL VIIGLEN CH, ABUSE C R STAI KING; OR (e) LHGAL .'IERIVICES, IN CIIUDINC BUTT NC T LIMTHED TO HRHPARING FORT OR PAR TICIPATING IN ANY CIVIL CRI CRIMINAL LHGA.1 P14C ICHEDINGI RELA TED T01 OR RESULTING F140M THD DOME'ITI1C VIOLENCE, SEXUAL VIIOLENCE, ABUSH ORI STALKING B. EARNED RAID 'l]ICK TIIvIH SHALL BE PRICUIDED UPON T IHH REQ UEST OR AN EMPLCYF E. SUCH REQUE ST M A Y BE MADE C RALLYI, IN WRITING, BY ELECTR ON IC MEANS ON BY ANY OTHER ME ANS A CCEHTABLE TO TH 113W LC YERI. WHEN PC ISSIHLE, THE REQUE ST SHALL INCLUDE THE EXPECTED DURATION OR THE AB'IHNCE. C. WHEN THE USE OR HARNED HAIL SICH T1MEI ]''I HORHSEEAE LE, THE EMU LOYBH SHALL MAKE A GOOD FAITH EFHORfT T01 PRC VIDH NOTICE CF THH NEED FORT SUCH TIME TG THPI EMPLC YHR IN Ar VANCE CF THE USE CF THE HA.RNED PAIL SICH TIN, H AND SHALL MAKE A REASC NAE LE EFHORIT T01 SCHEDULE THI USE OR HARNEII HAIL SICH TIMH IN A MANNEM THAT DOES NCT UNDULYI DISRIUPT THD C PERAIITON S CF THH EMPLC LYE R. D. AN EMPLOIYHRI THAT REQ UIRHS NOTICE OF THE NEED TO DISE EARNED PAID SICIA TIME WHHRE THH NBED 1S NOT HORESEEAE LE SHALU P14C IMIDE A WRTTTHN ROLICY THAT CCN 7IIAINS PRIC ICEDURE 11 ROM THB EM11 LOYRE TO P14C VIDE N 01 LICE. AN EMPLOYHR THAT HAS N OT RRIOMIDED 110 THH EMPLCIYEE A 2 0 '11 it '1 n��'] n;1 k COPY OH]ITlIWIRITTENPOL:ICYIFCR1PRIOVIDINCISiICHINOT]ICESHALLNCTDENY EARNSERAll SICKTIIvlB TC THE EMPLC IYEE HA SED CNN ON -CC MPLIANCE Wll'1H SUCH A PCLCY. H. AN EMA II OYERI MAYI NC T REQ DIRE, All A CCNDITIC N C F AN EMF LC YHE'S TAKINC EARNED PAID SICH "➢LIMB, THAT THE EMPLOYHE SEM CHI FC Rl OR FIND A REI LACE MEN T WIORKE RI TO COVHR TEE 11C URS DURING WHICH THE EMPLC YEH IS USINCI EARNED HAIL SICK 1311B. F. HARNBD RAID SICK `1IIvIH MAYI HE USED IN THE SMAI LE -11 OF HCURLYI IN CREMENTS C RJ THE SMALL EST IN CREMEN I MIAT TIE HMA LC YERI'S PA Y RC LL SYS ➢EM USHSTCACCO'RFCRA'1NCEUS C Rl USE C H OTHBRI TIME. G. FC RI HARNED RAID SICK TIME OR `1HREE CRI MORE CON SECUTIIVE WIORM DAYS, AN EMPLOYHRI MAYI RHQUI B REASONAE LE DC CUMENTA TICN THAT THE EARNIID RAID SICK TIMH HA.'1 BEEN USED FC R A PURPC SE CCIVERED BY 9UBSHCfIDON A . DOCIUMFINTAT]IC N ,'I]IGNED BYI A HEATH CARE P14C FE51SION A II INDICATING THAT EARNED PAID S'ICKI TIME 119 N1HCT19'.IARYI SHALL BE CC N ,11IDERED REA SONABLE DC CUMENTA T]IC N F0R1 PURPC SES ON THIS SECTION. D CA,11119 OR D C MHST'ICI MICILEN CE, SEXUAL VIIOLENCE, ABUSE CR STALKING, ONE CIF THE HC LLOWINIC TYIIH9 OR DC CUMENIA TICN SELECTED BYI THE EMAIIOYIEE SHABI BH CON SIDERED REASC NAE LH DOCUMENIATICN: 1. A HOL]ICE REPCHT INDICATINGI THAT THE EMPLOIYHE OR THE EMPLCIYEH'9 HAMIIIM MEMBER) WA 9 A VICTIM CF DC NE 9T]C MIC LEN CE, SEXUAL VIIOLENCE, A F U9H 0114 STA.LKINGI; 2. A RHOTECTIVI ORDIERI; INJUNC` 11ON A GAINS`1 HARA99MHN1; A GENERAL COURT ORDIERI; OR CTBB14EVIDENCE FRJCM A COURT CR RROSECUTING AT11ORNB)l THAT THE EMPLC YEE OR EMPLCYIEE'9 HAMM MEMBERI APPEARED, 014 I9 9CHEDUBEII T01 APPEAR IN CCURT IN CCNNECTION W1HH AN D CIIIHNT CF DOME9TllC MIC LEN CIH, 9HXUAI VIOLENCE, ABUSE, C R 9TA.IJKINC ; 3—A. 9ICNHD',ITATHMENT HRIOM A D OMESTIC VIC LENCE CRI 9E)aUAL VIORHNCH IIIROCIRAM CIR VIICI`MM SERMICE,11 C14GANIZATICIN AFBHUVIINC THIAT TI -IH EMPLC YEH OR EMPLC YEN'S HAMILNI MI MBEPJ IS RECEIVD G SERVICES REILATED TC DCMEST'IC MICLENCE, SEXUAL VICLENCE, AE USE, ORI',ITALKINC; 4. A SIGNED 9TATHMENT NRICM A WITNE S9 AD VCCATH AFFIRMING THAT THH EMRLC )IEE OR HMFLCYEH'9 HAMMY MEMBERI 11',11 RECEIVING SERVICES FROM A VICTIMI 9ERM110ES CRC ANIIZATION; 5—A. 9ICNED',ITATBMENT HRICM AN A-ITORNHY, MEMBER CF THE CLERICIYI, C RI A MEDICAL ORI OTHBRI PRIC FE99ICNAL AFT IRMINC THAT THE EMF LC YEE CR HMHLC YIEH',11 RAMILMI MEMBE14 IS A VICTIM ORDCMEST]IC MICLENCE, SEXUAL VICILENCH, AE U(11, CH STALKING; OR f . AN EMPLOYHE'9 WRITTEN STA TEMENTI AFHIRMIN C `1HA T THE HMPLOYEE OR THE HMPLC YEN'S RAMILYI MEMBERI I9 A VICTIM CF DOMESTIC N111OI ENCE, SEXUA.I VIOLENCE, ABUSE, C R 9TAI KING, AND MIAT THH LEAVE WIA9 "➢TAKEN FOR CNI CF THT3 PURPC SES OR 9UB9ECTICN A RARAC RAPH � OR TIT 9 SECTION. THE EMPLCYIEE'9 WRITTEN STATEMENT, Bb ITSELF, I9 REA,9C) NABLE DOCUMENIIA`1ICN NOR AB SENCE9 UNDER) THIS PARAC RAPHI. THI1 WRITTIEN SlAlHMENT DOES NOT N1HED TO BE IN AN Al FIDA VIT FCIRMAT C R NCTARIZED, HUTI SHALL BE LEGIIHIIE IF HANI]WRIIDIEN AND .'IHALIL REIA90NAI RY N AKE CLEAR THE EMPLCIYHE'S IDENTTHYI, AND IF APPLICABLE, THE E MPLCN EE'9 RHLA'1ICIN9HIP TO THE FAM I Y MEMEIEH. H. THF H14OMISION ON DCICUMENTA"1ICN UNDERI SUBISECTION G DOES NOT WAIVE CR DIMINISH AN)l CCNHIDENIIALI OR ]IRIVILECED CC MMUNICA TICNS BHTWEIN A VICITIIVI OF DC ME ST]ICI VIOLENCE, SEXUAL MIC LEI, CE, AE USE, OF4 STALKING KING WIITHI ONE OR MORE OF THE IND IIVIDUA.L 9 NAME D IN SUBSECTIOIN G. I. AN EMPLCIYI R MAY NCIT REQUIRE THAT D OCUMEN TAT]IC N UNDIE14 SUBSECTION G EXPLAIN ]HE NATURE CF THE HEALTH CONE ]TICN ORI THE DETAII 9 ON THE DC MESTIC MIC LEN CE, SEXUAL VI'IOLHNCE, AI USE CIR STALKING. 23-374. Exercise all RIQHts Hrcileclec, Relalizrliani HraNititec A. 17H SHALL HE UNLA WHUH BOR AN EMIL LOYHRI OR ANY OTHE14 PER19ON TO INTHRFERE WT1H1, RH9TRAIN, ORI DENY THE EXB14CISE ON, CR THE ATTEN21 TOI EXEMC11911, ANY RIC HT RROTECTHD UNDER) 111I S Al TICLE. H. AN EMHROYHRI SHAUL NCIT ENGA GE IN RETALIATION CM IIISCRIIVIINATE AGAIN 9`1 AN EMF LCIYEH ORI FC RMER ENULOYHE BECAUSE THE RHRSCN HAS HXERCISED R GHT.1 HROTECTHD UNDER THIS AR` ]CLE. SUCH RIGHTS INCLUDE BUT ARE NOT LIMITED TC THE RICE IT TO RE( UEST OR USE EARNED IIIA.ID 9K TIME PURSUANT TCI THIS ARTICLE; `1HE RIGHT TO NILE A COMPLAINT WITTHI THE iAT 29 J{ rlDo 'l CCMMl9SICN CRH COUNTS C INHCIRMI ANYI IER90N ABCUT ANY EMPLC YE14.cI ALLEGED VI0LAT:ION CF THIS ARTICLE; THB R]IGHTI TC BARTICIPATE IN AN INVESTIC A'➢IIION, HEARING OR I RIC CEEDIING CRI CC OIERATE WITH ORHASSIST THEI COMM]9SICN IN 111T.1 INVE9TIGAT1ION:I CF AT VIOLATIONS CF THUS ARTICLE; AND THE RIGHT TC I INHORMI ANY PEIZICN OF HIS ORT] HHR HOTHINTIAI RIGHTS UNIIHN THIS A.R TICIIE. C. ]IT SHALT] BE UNIIAWFUII FC RI AN I III YER' S Al SEN CH CCN] RIOL I OLICY TO COUNT EARL` HD RAID SICK TIME TAKIE N UNE ERI THIS ARTICLE A 9 AN AE SEN CE THAT MAY LEA I: TO C IRI RESULT IN DISCIPLINE, DISCHARGE, DEMC TION, SUSPEN SION, CRH ANY OTHHRI ADVHRISE ACTICN. D. HRICTECTION S CF THIS 9ECTICN SHALL API LY TCI ANY I EMSCN WF. 0 MISTAKENLY I UT 1N GIC IOD FAITH Al LEC E.'1 MIC LAT1C INS OF THIS ARTICLE. 113-3715. Notice A. EMPII0YEFH1.1 SHALL GIVE HMI LOYEE9 WRITTEN NC TICE CF THE FC LLC WING AT THB CCIMMEI` CEIMENT CF EMPIIOYIMENT CIFI BY JULY 1, 2CI171, WHICHBVBM LI LATER: EMPLOYE ES ARE ENIITTLEDI TC HARNED PAID SICK TIMH AND THE AMOUNT CF EARNS D RAID SICK TDAB, THE TERMS C H ITS USH GUARANTEED l UNDER TE IIS AR TICLE, THAT RHTALIATIC N A GAIN 9T EMPLC YENS WHC RHQUEST CM USE EARNED PAID S:ICKI TIME :19 PRC HIHIT]ED, THAT EACH EMI LOYBE HAS THE K GET TC BILE A CC MPLAINT IF EARNED PAID SICKI TIME AS REQUIRED BY 'ANIS ARTICLE I9 DEN HID BY THB EMB TIC YER CIM THE EMBLCIYHE IS SUBJECTED TCI RHTALIATIC N BORT REQUESTING CM TAKING EARNED PAIDSICK IIIIAB, AND THE CCNTACT INFO RMATIC N FCM THI31 CCM II99ION WHEIRE QUB(III1C N9 ABC UT RIGHTS AND RESECN 911 I -nIIE9 UNDER THIS ARTICRE CAN HE AN 19WHREII. B. THE N OTICE RHEQUIRED IN SUBSECTION A SHALL BE IN ENGL:I9E , 9PAM SE, AND ANY RAN IGUTA C E THAT I9 DEEMED A.PPRIC PRIA TE BY THE CC MM]ISSIC N. C. THE AN OUNT CF EARN IID I AID SICK) TIME AMAILAE IIH 10 THB EMPLCYHE, THE AM OUNT CF HARNHD RAID SICKI TIME TAKEN BY THB EMPLOYE E TC DA TE IN THE YEAR AND THB AMOUNT CF TAY THE EMI LC YEE HAS RECEIVED A'.1 EARNI D HAID SICK TT]VID SHALL BE RECC RDED IN, ORT] ON AN ATTRCHMI NT TCI, THH BIMPLC YEE':I REC ULAR PA YCHECKI. D. THE COIMMISSION SHALT] CREATE AND MAKE AMAILAE LE TC EMPLC IYERS, IN ENGLISH, S PA1,19H, AND ANY LAN IGUAGE DEEMED API ROHRIATE BY THH COMM ISS:ION, MCD EL NOTICES THAT CCINIAIN THE INBORMA TIC N REQUIRED UNDER SUMIEC111IC N AHC R EMHIIOYERH.'I' USE IN CCMPLYING WITH 9UB9HC] IC N A . E. AN EMBLOYBM WHO VIOLATES THU NCTICII REQUIREMENTS OH THIS 9ECTICN SHALL BE S UBJE CT TO A CIVIL I ENA.L TYI ACCC RDINC T019EIC] ]ICD 23-364 (I ), ARIZC NA REVISED STA TU]IE11. :13-371(. RIeQu]ai ians THH CCRVINII99ICN SHALL BE AUTHORIZED TO CC C RDINA] H DA LHMIENTATION AND ENFORICEMEN T Of THIS ARTICLE AND SHALT] PRIOMULC A] EI AT IRROI RIA TE GUIDIELINH9 OR REG UIIATICNSI FCH SUCE PURPC 9E9. :13-317. Can fidentiality and Nan disc] osuue AN EMPLCYERI MAY NC T RH QUIREI IDSCLC:IURF CF IIHTAJLS RELATINC I TO DOMESTIC `IIC LENCE, SEXUAL VIC LENCH, AE USE ORI ,1171ALKIN G C RI THE DETAH 19 OB AN EMPLC YHE'H CM AN EMPLC YEE'9 HAMILYI MEMBERI'9 HHALTII INFCRMAT]ION A9 A CCNDI71]IC N CF PMC VIDING EARNED PAID SICA TIM11 UNDER THIS ARTICLE. IF AN EMI LOYBRI PC SSESSES HEALTH INIORM ATIC N CIR INF C RMA TICN HERTA]NING TCI DOMESTIC V1OT]ENCE, SEXUAL MIC LEN CE, ABUSE CR 9TAIKING AE CUTI AN EMPLOYHE CHI EMPLCYHE'S FAMILY MEMBER, SUCH INI ORMA711CN SHALL BE TREATED AS CCNHIDEN] IALI AND N01 DISCLC ISED ESS ICHPT TCI ] HE AFRECTED EMR LOYBE CHI WITH THH PERM: 9SION C F THH AFFECTED EMI LC YEE. 23-3'18. Er counagement of Mare Genenous Eamed Pzud Sid 71itr a Policies; Na Hilfect un Moue Generaus Policies on Laws A. NCITHINC IN THIS ARTICLE SHALL BE CCNEIT14MID TCI DISCOURAIGE CFH PHOIHIBIT AN EMPT]OYERI FRC M THE A.D IOIPTIC N C R RETHNTION C F AN EARNED PAID SICKI TIME HOLICY M ORB C IENHR OUI:I THAN THE ONF RE( UIRBD HHREIN. B. N OTHING IN THIS AR TICLE SHAIIL HE CON STRUEIE AS I]MM 1SHINC THE OBIIIC AT10N OF AN EMPLOYIIR 10 COMPL)VVITTHI ANY CON 71RACT, COLIIECTIVE HARC AIMING A GREE TENT, EMPLOYMENI BENEI TT I LAN CR CITHHR AC REEMENT IIROVIDIINC MORE GENEROUS RAID SICA TIME TO AN EMPLCIYEE THAM RHQUIRED HHREIN. N 071HINC INIHIS AR7lCLE SIIAIL E E CCNSTRUEE A.'I E IMINISI-IIN1G THII RIC HTS OII PUHHIC EMPLC YHHS REC ARE ZING I ALD TICK TIMH CR! USE OH PAID SICK! TIME. C. NOTHIN G INTHI'.I AR TICLE SHALL BE CON IITRUEID TO SUPERSEDE ANY HROMISICN OF ANY LC!CAL LAV4 '➢HAT PROVIIDES GREATER RIC IITS 7101 AID HICK TMI THAN 7QIE RIGHTS ESTABLISHED UNDEM THIS AR TICLE. 33-379.Othen LegalBegLinemenils A. N C THING IN THIS ARTICLE SHAI L HE INTERPRETED C R APHLIED SC AS TO CREATE A CONFHICT W ITH HEI]HRA.L LAW. B. THIS ARTICI_H HRCIVIUES MINIMUM REQJUIREMENTS PERTAINING TCI EARNED IIAID MCN TIME AND SHALH NC IT E I CCN STMUEID TC PREEMI 71, LIMIT, C R CTHERWISE AFFHCT THE API H1CA.E IL TIM CF ANY OTHER! LA W, REC ULA TICIN, REQ UIREMEN 71, HOLICY, C R STANDARD THAT PRIC VIDES FCR GRE Al ER A CCR UAL ORI USE BY EMP110YEE;1 CF EARNED PAID SICKI TIME C 1 THAT EATENDS CTHB14 PRC "IECTIONS TC I ME LC YEES. 13-38 Cl. Rublic Elducaticin arc Clubeaah THE CC IMMISSION M AA DIEVEILC P AND IMPLHMENT A MULTIL INC UA.L C IUTIREA CH HRO C RAM TC INFORM EMPLCIYHES, PARE N7 S AND IIERSCNS WHO ARE UNDI R THE CARE OH A HEALTH CARE PROVIDHRI ABOUT THE AVIA.ILA.E ILTIIY OF EARN! D PAID ,1IIICK TIME UNDER THIS ARTICLE. 71HIS PRCIGRAM MAY INCLUDE THE DISTR1IBU7IION CIF NOTICES AND CITHHR WRITTIIN MATERIALS IN ENGIDSII, SHANISII, ANL! AN Y LANGUAGE DEEMED APIIRICHR1ATE BY THE COIMMISSICN T01 AIL CHILD CART AN D EHDERI CARE IIRCVIDERS, DCMESTIIC VIOLENCE SHELTERS, SCHOOLS, HCSHITALS, CC MMUN]TYI HEALTH CHNTERIS ANT CTHHIa HHAITII CARE PROVIDERS. 213-38'1. Collective Bargaining Aeneements ALL C R ANY PCIUICN OF THE EARNED! PAID SICK! TIME REQ UIRHMENTS OII THIS ARTICLE SHIA.LL N OT API II)J 10 EMPLCIYHES CC VEREDI BY A VALID COLHECTIVE BAR C AINING AGREEMENT, TO THE ENTEM THAT SUCH RHQUIREMEN TS A.RE E XPRH SSLYI V4 AWED IN THE CC LLECTIVEI BAB GAIN INC A GRBEMENT IN CLEAR AND UNA.ME IC UC US TERMS. NC PRIOVI ISICNS OH ARTICLE 1.1 9IIALII APHLYI TO EMI HOYEES COVIIRED BY A COLLHCTWE BARC AINING AGREEMENTII IN E FFEICT ON THE EHFECTIVE DATE C F THIS ACT UNTIL THH STATE D EXPIRAT1C N E ATE IN THE COLHI CTIVH I ARC AINING A GREEMENT. Saa. E. Savir.Cg lauso Th's act does nicit afilecl rights and duties that maU aec, penalties lEat mime incurred and proceedings that were beilun before the effeclive date ofth'� act. Saa. 7. Severability :19a piavisian cif this act or its• aplpllication to anN pevan or circurrstzmce :is helc inivalic , the invalidity c oes nod affect other pravisianis cm applications of the act Mat can be givan effeat withaut the invalic povision ov applicalion, anc to this erid 11 a provisions of th's aat are severable. GENERAL ELECTION NOVEMBER 8, 2016 PROPOSITION 206 PROPOSED BY INITIATIVE PETITION OFFICIAL TITLE AMENDING TITLE 23, CHAPTER 2, ARTICLE 8, ARIZONA REVISED STATUTES, BY AMENDING SECTIONS 23-363 AND 23-364; AMENDING TITLE 23, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8.1; RELATING TO ARIZONA'S MINIMUM WAGE AND EARNED PAID SICK TIME BENEFITS. DESCRIPTIVE TITLE INCREASES THE MINIMUM WAGE FROM $8.05 PER HOUR IN 2016 TO $12.00 PER HOUR BY 2020 AND ESTABLISHES THE RIGHT TO EARN PAID SICK TIME AWAY FROM EMPLOYMENT. A"yes"vote shall have the effect of increasing the minimum wage from $8.05 per hour YES ❑ in 2016 to $10.00 per hour in 2019, and then incrementally increasing the minimum wage to S 12.00 per hour by the year 2020; entitles employees to cam 1 hour of paid sick time for every 30 hours worked with limits based upon the size of the employer; broadly defining the conditions tinder which paid sick time may be taken, including mental or physical illness, cam of a family member, a public health emergency, or absence due to domestic violence, sexual violence, abuse or stalking; prohibiting various forms of retaliation against employees for exercising any rights under the law; and requiring employers to provide various notices to employees about the law. A "no" vote shall have the effect ofretaining the existing minimum wage (along with NO I] the existing method for annually increasing the minimum wage for inflation) and retaining employers' existing ability to determine their own earned paid sick leave policy. ARIZONA'S GENERAL ELECTION GUIDE 206 03 AD 0 r - O -1 m0 tiA 03 Z D N 1 O0 m0 Arizona 2016 GENERAL ELECTION / PUBLICITY PAMPHLET : November y 2 O]8 .y- :� § y§ \< - . r . . a .. . ,.: ... !..� � aw, RESOLUTION 2017-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENTS TO THE TOWN OF FOUNTAIN HILLS PERSONNEL POLICIES AND PROCEDURES, AMENDED AND RESTATED AUGUST 1, 2013, RELATING TO THE ABSENTEE REPORTING, PERSONAL PHONE CALLS, AND RECORD CHANGES; EMPLOYEE CLASSIFICATIONS; INTRODUCTORY EMPLOYMENT PERIOD; ELIGIBILITY FOR BENEFITS; VACATION LEAVE; SICK LEAVE — FULL-TIME AND PART-TIME REGULARLY SCHEDULED EMPLOYEES; MISCELLANEOUS LEAVE WITH PAY; LEAVES OF ABSENCE WITHOUT PAY; SUPERVISION AND DISCIPLINE; PAID SICK TIME — PART-TIME NON -REGULARLY -SCHEDULED, TEMPORARY, SEASONAL AND OTHER EMPLOYEES; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") approved Resolution 2013-39, adopting the Town of Fountain Hills Personnel Policies and Procedures, Amended and Restated August 1, 2013 (the "2013 Policy"); and WHEREAS, the Town Council approved Resolution 2015-54 adopting amendments to the provisions of the 2013 Policy relating to (i) Vacation Leave, (ii) Personal Leave, and (iii) Electronic Mail and Scheduling System, Internet Use, Use of Electronic Devices, iPad/iPhone, and Social Media Policies (the "2015 Amendments"); and WHEREAS, the Town Council approved Resolution 2016-41 adopting amendments to the provisions of the 2013 Policy relating to (i) Exempt Leave, and (ii) Merit Leave (the "2016 Amendments") (the 2013 Policy, the 2015 Amendments and the 2016 Amendments are collectively referred to herein as the "Personnel Policy"); and WHEREAS, the Town Council desires to (i) amend the provisions of the Personnel Policy relating to (a) Absentee Reporting, Personal Phone Calls, and Record Changes, (b) Employee Classifications, (c) Introductory Employment Period, (d) Eligibility for Benefits, (e) Vacation Leave, (f) Sick Leave — Full -Time and Part -Time Regularly Scheduled Employees, (g) Miscellaneous Leave With Pay, (h) Leaves of Absence without Pay, and (i) Supervision and Discipline, and add (ii) a new provision relating to Paid Sick Time — Part -Time Non -Regularly - Scheduled, Temporary, Seasonal, and Other Employees. 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. Policy No. 211 of the Personnel Policy (Absentee Reporting, Personal Phone Calls, and Record Changes) is hereby amended as set forth in Exhibit A and incorporated herein by reference. 2988217.1 SECTION 3. Policy No. 602 of the Personnel Policy (Employee Classifications) is hereby amended as set forth in Exhibit B and incorporated herein by reference. SECTION 4. Policy No. 801 of the Personnel Policy (Introductory Employment Period) is hereby amended as set forth in Exhibit C and incorporated herein by reference. SECTION 5. Policy No. 902 of the Personnel Policy (Eligibility for Benefits) is hereby amended as set forth in Exhibit D and incorporated herein by reference. SECTION 6. Policy No. 903 of the Personnel Policy (Vacation Leave) is hereby amended as set forth in Exhibit E and incorporated herein by reference. SECTION 7. Policy No. 905 of the Personnel Policy (Sick Leave — Full-time and Part- time Regularly Scheduled Employees) is hereby amended as set forth in Exhibit F and incorporated herein by reference. SECTION 8. Policy No. 911 of the Personnel Policy (Miscellaneous Leave with Pay) is hereby amended as set forth in Exhibit G and incorporated herein by reference. SECTION 9. Policy No. 912 of the Personnel Policy (Leaves of Absence without Pay) is hereby amended as set forth in Exhibit H and incorporated herein by reference. SECTION 10. Policy No. 1201 of the Personnel Policy (Supervision and Discipline) is hereby amended as set forth in Exhibit I and incorporated herein by reference. SECTION 11. Policy No. 920 (Paid Sick Time — Part -Time Non -Regularly -Scheduled, Temporary, Seasonal, and Other Employees) is hereby added to the Personnel Policy in substantially the form and substance attached hereto as Exhibit J and incorporated herein by reference. SECTION 12. If any section, subsection, sentence, clause, phrase or portion of this Resolution or any part of the policies 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 13. The immediate operation of the provisions hereof is necessary for the preservation of the public peace, health and safety and an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage by the Town Council and it is hereby exempt from the referendum provisions of the constitution and laws of the State of Arizona. SECTION 14. This Resolution shall become effective at 12:01 a.m. on July 1, 2017, or if the effectiveness of this Resolution is prohibited by Arizona law at such time, then this Resolution shall become effective at the earliest such later time as authorized by Arizona law. 2988217.1 2 SECTION 15. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 2017. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2988217.1 3 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION 2017-17 [Policy No. 211 ] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: CONDITIONS OF EMPLOYMENT POLICY: ABSENTEE REPORTING, PERSONAL PHONE CALLS, AND RECORD CHANGES POLICY NO: 211 EFFECTIVE: Oetebef 7, 2004July 1.2017 REVISED: 4ugpst 1,204-3June 15,2O 17 PURPOSE: To establish procedures for absentee reporting, personal telephone calls, and record changes. PROCEDURE: ABSENTEE REPORTING: Whenever an employee is unable to report for work for any reason, he or she must e-allcontact his or her immediate supervisor or designee telephonically or by email at least thirty (30) minutes prior to the start of his or her scheduled working hours or as soon as otherwisepracticable. When the use of earned paid sick time is foreseeable. the employee shall make a good faith effort to provide notice of the need for such time to the his or her supervisor or their designee in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the Town. Such notice shall be given telephonically or by email. When possible. the notice shall include the expected duration of the absence. In all cases, employees who leave a voicemail message should ensure that the recipient of the message has received it. If the employee is not able to call or email personally, another person may call theemplo ey e's immediate supervisor, or aperson who is ab edesignee to relay a message teon behalf of the sxPel ise employee prior to the start of his-�the employee's scheduled working hours. AnA brief explanation should be provided concerning the reason for the absence with an estimate of when the employee will be able to report for work. Failure to provide this notification within the time specified, except for extremein very specific circumstances, may result in the employee being placed on leave without pay status for the duration of the absence. When an employee beeemes siekneeds to leave work during the workday, he/she the employee should notify theirhis or her immediate supervisor if it will it",elve t mee away ff em wor-koudesignee . In all cases, if the immediate supervisor or designee is not available, the employee should either contact his or her supervisor's supervisor or the Town Human Resources Department. PERSONAL TELEPHONE CALLS Personal telephone calls during duty hours must be kept to a minimum and should be made and received as much as possible only during breaks or meal periods. 2988191.4 RECORDS CHANGES Changes of name, address (both mailing and residence), telephone number, or marital status must be reported immediately to the Human Resources Office in order to update employee records. A record change form is provided for this purpose and must be signed by the employee (See Exhibit 211-A). Supervisory managers must also be notified of such changes. This information is required to be able to reach employees in an emergency, for insurance purposes, and to properly prepare payroll -related documents. 2988191.4 EXHIBIT B TO RESOLUTION 2017-17 [Policy No. 602] See following page 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: CLASSIFICATION POLICY: EMPLOYEE CLASSIFICATIONS POLICY NO: 602 EFFECTIVE: July 1, 2017 REVISED: June 15 2017 PURPOSE: To classify employees into one of three categories for eligibility to receive certain benefits offered by the Town of Fountain Hills. STATEMENT OF POLICY: EmpleyeesAll Townemployees fall into one of these three categories: 1. FULL-TIME — An employee who is normally scheduled to work forty (40) hours per week for fifty-two (52) weeks per year. 2. PART-TIME REGULARLY SCHEDULED — An employee who is expeeted to establish a eon of service, b consistently scheduled., for less than forty (40) hours per week andler- less thafl fifty two (52) weeks per -year, A, is expected to establish a continuity of service, and whose weekly scheduled work hours do not normally vary. A regularly -scheduled part-time employee is expected to work more than twenty-six (26) weeks per year. 3. PART-TIME NON -REGULARLY SCHEDULED. TEMPORARY (or SEASONAL) — An employee "o is hired for- a speeifie period of time and is not expeeted to establish a eef4ii+uity 0 selewhose work schedule is intermittent, variable, or seasonal in nature. It is expected that an employee should not remain in temporary job status longer than six (6) months. 2988191.4 EXHIBIT C TO RESOLUTION 2017-17 [Policy No. 801 ] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: INTRODUCTORY PERIOD POLICY: INTRODUCTORY EMPLOYMENT PERIOD POLICY NO: 801 EFFECTIVE: July 1, 2017 REVISED: August 1, 15, 2017 PURPOSE: To establish a period of time which shall be regarded as part of the orientation period utilized for training and critiquing the employee's work habits, skill level, and suitability for continued employment in their assigned position with the Town. STATEMENT OF POLICY: The provisions contained in this Policy relating to notices required before demotion, suspension, or dismissal of a regular status employee shall not apply to introductory employees; as their positions are classified as Uncovered. Several informal, but detailed, communication and feedback sessions are to be made throughout an introductory period so that the employee will have a clear understanding and direction, with ample opportunity to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the immediate supervisor and Department Head. Prior to the conclusion of the introductory employment period, a formal performance evaluation will be completed which becomes a part of the employee's personnel file in the Human Resources Department. The employing department will make a decision whether to retain the employee, extend the introductory period, or terminate the employee, based on work performance. This determination must be clearly stated in the performance evaluation. Every effort shall be made to complete performance evaluations by the supervisor on prescribed forms not earlier than ten (10) working days prior to the evaluation due date, and not later than ten (10) working days after the evaluation due date. SCOPE: Introductory period for all full-time employees is defined as the first six (6) months. Introductory period for all part-time employees is defined as the first 1040 hours worked. PROCEDURE: Introductory Periods 1. Initial Introductory Period: All full-time and part-time employees will be placed in an initial introductory period following their initial date of hire. Upon successful completion of the initial introductory period and in accordance with the provisions of this Policy, the employee shall achieve regular status in Town employment, and given merit increase consideration based on performance. Merit increases will only be awarded to Town employees as Town budget dollars are appropriated. All employees are eligible to begin utilizing accrued Paid Sick Time on the 90Ib calendar day after commencing employment with the Town. 2988191.4 Full-time and eligible part-time employees are eligible to begin utilizing accrued vacation, or personal ^r Do T��eleave after satisfying rix «' month ^rtheir initial introductory period. During the initial introductory period, an employee may be dismissed, suspended or demoted by the Town Manager. Dismissal during the initial introductory period shall be defined as an introductory release and shall not be considered a dismissal for cause. Initial introductory employees may be subject to a pay reduction by the Town Manager. 2. Promotional Introductory Period: A promotion is defined as the movement of an employee to a position in a higher salary grade than the one presently assigned to, and one for which the new duties and responsibilities are significantly increased in nature and scope. Employees will be placed in a promotional introductory period following the effective date of their promotion with a time frame as defined above. Employees shall be provided written notice of the introductory period. Upon successful completion of a promotional introductory period and in accordance with the provisions of this Policy, the employee shall be given merit increase consideration based on performance. This date becomes the employee'=s new evaluation date for merit review consideration. A promoted employee who is not successful in completing an introductory period may be eligible for demotion to a vacant position for which they meet the minimum qualifications. A determination by the Department Head that the employee's performance was not satisfactory shall be sufficient cause for demotion. 3. Demotion Introductory Period: A demotion is defined as the movement of an employee to a position in a lower salary grade than the one presently assigned to, and one for which the new duties and responsibilities are significantly decreased in nature and scope. Employees will be placed in an introductory period following the effective date of their demotion with a time frame as defined above. Employees shall be provided written notice of the introductory period. A demoted employee who successfully completes a demotion introductory period is not eligible for merit increase consideration at the conclusion of the period. The Regular Status of an employee serving a demotion introductory period shall not be affected. However, an employee demoted for disciplinary reasons, who unsuccessfully completes a demotion introductory period, shall be dismissed. Failure to meet the requirements of the position to which the employee is demoted or to successfully complete the demotion introductory period shall constitute a sufficient factual basis for further discipline, up to and including termination. 4. Lateral Transfer Introductory Period: A lateral transfer is defined as the movement of an employee to a position in the same salary grade as the one presently assigned. Employees will be placed in an introductory period following the effective date of their transfer with a time frame as defined above. Employees shall be provided written notice of the introductory period. A formal performance evaluation will be conducted documenting the conclusion of this introductory period and become part of the employee's official record in the Human Resources Department. A laterally transferred employee who successfully completes an introductory period is not eligible for merit increase consideration at the conclusion of the period. 2988191.4 A laterally transferred employee whose performance falls below acceptable levels at the end of their introductory period may be returned to their former position or another similar position for which they qualify, if vacant. The Regular Status of an employee serving a lateral transfer introductory period shall not be affected. Employees are not allowed to be promoted within the initial, promotional, demotion, or lateral transfer introductorneriods. Alter -natives to Reenlar Status Introductory Period Extensions A Department Head may request authorization for an introductory period to be extended longer than the applicable period as defined within this Policy to further assess an employee's work performance and suitability for continued employment. A request to extend an introductory period must be in writing and approved by the Town Manager. Introductory extensions are not to exceed two times (2x) an individual's applicable introductory period. Any type of leave time -taken (ked., vacation, s" erg, etc.) during the introductory period (with the exception of sick leaveA or while drawing compensation under �x'„ lsthat is Workers' Compensation, in excess of five (5) consecutive calendar days shall not be credited toward Mean emolovee's introductory period -and. Instead. the employee's introductory period shall be extended thefor a length of time equal to the timelength ofleave taken. Rehire An employee who is terminated from Town employment and rehired, shall be required to serve an initial introductory period upon re-employment, unless otherwise waived by the Town Manager. 2988191.4 EXHIBIT D TO RESOLUTION 2017-17 [Policy No. 902] See following page 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: ELIGIBILITY FOR BENEFITS POLICY NO: 902 EFFECTIVE: July 1, 2017 REVISED: June 15, 2017 An employee's eligibility to participate in the benefits program is determined by the following classifications: R„' eFULL-TIME employees who are ul -ly sehe „log to work 40 hour-sper- eek are eligible for full benefits. •Paft time employees whe are r-ewdlafly seheduled to wer-k less than 40 hottfs pef week but m ART -TIME REGULARLY SCHEDULED employees are eligible fora modified Leave benefits pae-k "^. • Temporary (^r seasonal) full time or paft timePART-TIME NON -REGULARLY SCHEDULED. TEMPORARY, OR SEASONAL employees are netonly eligible for sick leave benefits See Policy 9201. Classification as a "full-time". "part-time regularly -scheduled". or "part-time non -regularly -scheduled" employee is determined by the classification of the employee's position, not solely by the number of hours actually worked in any given week. (See Policy 602 "Employee Classifications"l. For questions concerning classification, please contact Human Resources. The Town of Fountain Hills pays a significant portion of the costs of these benefits for employees. Employee contributions for certain benefits will be deducted from their paychecks on a pre-tax basis. Employees will pay no Federal or State taxes on this amount. 2988191.4 EXHIBIT E TO RESOLUTION 2017-17 [Policy No. 903] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: VACATION LEAVE POLICY NO: 903 EFFECTIVE: Oeeembe-z015July 1, 2017 REVISED: December 17, 2015June 15.2017 PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use vacation leave and to provide for the compensation of unused vacation leave upon separation from Town service. STATEMENT OF POLICY: Vacation leave is part of the integrated program of benefits for Town employees. Such leave is intended as a necessary break from normal duties to allow employees to engage in outside recreational activities as a means of achieving and sustaining high levels of productivity during regularly scheduled duty. SCOPE: All full-time Town employees accrue vacation leave hours. Part-time re�lxlarly scheduled employees who wer-k a minimum of 20 hows per- week en a r-egplaf seheduled basis aeefue Paid Time Off (PTO) Temperai-y- iaccrue vacation leave at a proportional rate un to the maximum accrual rate of full-time emplovees (based on 40 hours per work week). Part-time. non -regularly scheduled. temporary, or seasonal employees do not earn vacation leaveer- PTO. (See "Eligibility for Benefits" Policy- # 902 and "Employee Classifications" Polices). The amount of vacation time and PTO employees are eligible receive each year increases with the length of their employment. Vacation time and egirlbe gmins to accrue with the employee's first full bi-weekly pay cycle, subject to the following: Upon completion of six (6) months of actual service, each full-time employee shall be credited with up to fifty-two (52) hours of vacation and shall accrue vacation thereafter at the rate specified in this policy. Upon completion of six (6) months of actual service, eligible part-time employees shall be credited with alp to twenty si�i (26) heiffs of PTO and shall aeepde PTO thefeafter- at the rate speeified in this a proportional amount of vacation leave relative to the accrual of full-time emplovees (based on 40 hours per work weekl. ACCRUAL RATE MAXIMUMS & OVERALL MAXIMUMS — FULL TIAWELIGIBLE EMPLOYEES (Based on 40 Hoursper Work Week): Length of Service Maximum Hours per Pay Period / Year Overall Maximum Start date through completion of P year 4.00/104 208 4th year through completion of 7th year 5.00/130 260 8t year through completion of 101 year 6.00/156 312 11 tyear through completion of 15th year 7.00/182 364 16 + Years 1 8.00/208 416 2988191.4 Maximum vacation accruals increase with length of service as depicted in the chart and the overall maximum is limited to two times the yearly maximum accrual. Ye" Start date through eompletion of 3 Fd_ 2-.0" 4-94 4ffi yeaf thfough , plet ^r of 7yea 2_.504� 4-3-9 8ffi o f t ..oug , ,.ion E of i n yeaf 3_.004 8 4-S6 4 `" 'h year I�-�9 m 4-8-2 46--Y-&$ T-vm T 04 12-$ Actual accrual amounts for eligible part-time regularly scheduled employees will vary depending on the actual amount of paid -status hours reported through payroll records by an eligible part-time employee. Paid -status hours include hours worked as well as leave taken under the vacation, sick leave, and other paid leave policies. times the yearly The "Overall Maximum" column in the table represents a fixed amount and will not vary with actual amount of hours worked. All vacation lea-ves and PTO areleave is to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or his/her designee. It is the responsibility of the employee to schedule h�s�heir vacation timeor- PTO in compliance with departmental workloads and needs. Requests for vacation time of PTO should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave of or may have their scheduled vacation leaveor PTO postponed, when deemed necessary by the department director. When an employee is recalled from vacation leaveof PTO, the employee's vacation leave op -PT -0 -will be rescheduled to the earliest convenient time. Employees will be permitted to use vacation leave of PTO in incremented units of one-half (1/2) hour or more, in any one day. Vacation time of PTO shall not be advanced to an employee nor may vacation time ebbe transferred between employees. Vacation timeand PTO will not accrue for workweeks in which there are no hours paid by the Town of Fountain Hills. If the employee has an accrued vacation of -T -T -0 -balance, the vacation time ^must be paw eutused before any unpaid time off is approved. Vacation hours of -PTO -must be used for sick leave if accrued sick leave hours have been exhausted. Neither .,.,e t:^Vacation hours noPTTO-will not count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation-oFTTO, the employee will not be charged with vacation PTO hours for the holiday, but will be paid for the holiday at the appropriate holiday rate. Separation of Employment Awarded vacation leave hours of PTO will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leaveof PTO accrued during the initial introductory employment period (sem menths}will not be compensated if separation occurs during the initial introductory period. 2988191.4 EXHIBIT F TO RESOLUTION 2017-17 [Policy No. 905] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: SICK LEAVE — FULL-TIME AND PART-TIME REGULARLY SCHEDULED EMPLOYEES POLICY NO: 905 EFFECTIVE: Oetober7, 2004Ju1y 1, 2017 REVISED: August 1, 214-3June 15, 2017 PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use sick leave and to provide for the compensation of unused sick leave upon separation from Town service. STATEMENT OF POLICY: Sick leave is part of the integrated program of benefits for Town employees. Such leave is intended for use only under specific conditions as set forth in this policy. SCOPE: All full-time Town employees are eligible to earn sick leave for eaeh hour- it ^ paid -status hours. Part-time regularly scheduled basis aeeme "^ ' Time 09(See Pelie5,903 Vaea4ien Leave). Tempor-ai-y a*d seasonal empleyees do -not eam siek lem,e o PTOemnloyees are also eligible to earn proportional sick leave for paid -status hours. (See policies 602 "Employee Classifications" and 902 "Eligibility for Benefits"). PROCEDURE: Siek lewe is eafned from the first day of empley4nefitUpon hire, all full-time Town employees and eligible part-time Town employees (as outlined above) will begin to accrue sick leave. Full-time Town employees will accrue sick leave at a rate of 4.0 hours biweekly, assuming they are in a paid -status. Eligiblepart-time Town employees will accrue sick leave at a rate proportionate to the accrual rate of full-time Town employees based on their paid -status hours and may carryover hours, subject to the caps on accumulation of sick leave. Use of sick leave and DTA` (wlely for- siek leave ..,,..penes) is permitted during the initial introductory employment period with the Town. Full time employees will eafn siek leave status,— Accumulation of sick leave shall not exceed 9681040 hours €e -at any time employees. Employees who are exempt from overtime requirements under the Fair Labor Standards Act of 1938 (29 United States Code section 213(A)(1)) will be assumed to work 40 hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than 40 hours, in which case earned paid sick time accrues based upon that normal work week. Actual accrual amounts, for eligiblepart-time employees will vary depending on the actual amount of aid -status hours reported through payroll records by an eligible part-time employee. Paid status hours include actual hours worked as well as leave taken under the Town's Vacation, Sick Leave, Holiday, and other paid leave policies. 3. Thfough expesur-e to een4agieids disease and possible eadanger-ing of others on duty, a physi eertifies that the employee's pFesenee jeopardizes the health of othe 2988191.4 Sick leave may be used for any of the following reasons: • An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care. • Care of a family member with a mental or physical illness. injury or health condition: care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive care. • Closure of the employee's place of business by order of a public health official or need to care for a child whose school or place of care has been closed by order of a public health official. • Care for oneself or family member when it has been determined by health authorities or a health care provider that the employee's or family member's presence in the community. may jeopardize the health of others because of their exposure to a communicable disease. • Absence due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member: o Medical attention needed to recover from injury or disability caused by domestic violence, sexual violence, abuse or stalking o Services from a domestic or sexual violence program or victim services organization o Psychological or other counseling o Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or o Legal services related to the domestic violence, sexual violence, abuse or stalking The term "family member" means the following for purposes of this policy: • Biological, adopted or foster child, stepchild or legal ward, a child of domestic partner. a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco Parentis when the individual was a minor. • Biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child, • Souse or a registered domestic partner • Grandparent, grandchild or sibling (whether biological, foster, adoptive or step) of the employee or the employee's spouse or domestic partner. or • Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. illness o physical incapacity requires the employee's presence. For earned paid sick time of three or more consecutive work days. the emplovee may be reauired to submit reasonable documentation that the earned paid sick time has been used for a purpose covered in this policy. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation. In cases of domestic violence, sexual violence, abuse or stalking. documentation set out in A.R.S. & 23-373(G) shall be sufficient. Any employee who abuses sick leave „r PTO for- siek leave ...,.-penes will be subject to disciplinary action. Actions that may lead to disciplinary action include, but are not limited to, falsifying illness or reasons for using leave, unsubstantiated excessive use three (3) or more consecutive absences without appropriate documentatjon) and not complying with the authorization requirements above. The Town of Feui4aiHills 2988191.4 Employees will be permitted to use sick timeor- PTO in incremented units of one-half (1 /2) hour or more, in any one day. Sick timeeF PTO shall not be advanced to an employee nor may sick time op -P40 -be transferred between employees. if the employee has an aeemed siek or- PTO balanee, the siek time or- PTO must be paid out before any unpaid e orf is approved. Neither- sickzea,e houfs nor- PTOThe Town may require that accrued and unused sick leave under this Policy be used concurrently with leave taken under other applicable leave policies, including leave taken under the Family and Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. EyeesU on retirement, full-time and regularly scheduled part-time employees with 10+ years of continuous f,"service e€240 heufswill qualify for a payout of fifty percent (1/2) of their available accrued sick leave hours at their regular rate of pay upon separation of service for- r-easea etheF than : ,.'„rt.,.... ter-mina4iea. Employees with 15* years of eeati"etts ffill time sefviee who hwe a fninimam of 720 banked siek time hour -s qualify for a payout of 480 houfs on of sei=viee for- any reason other- than involuntary tefFnina&)-n. Sick leave will not be paid out rse fv e, under any other circumstances. Refer to Policy 902 `Eligibility for Benefits" and Policy 602 "Employee Classifications" for clarification on eligibility. Siek leave will not aeende for- any payr-ell period dufing whieh an employee is absent faf mer -e than six (6) wofkifig days, exeept for- absenees "fing whieh the employee is being paid fef If an employee separates from employment with the Town and is rehired within nine (9) months, that employee's previously accrued vae-atien time, per -neral time, siek time, a*d holidays. Siek leave should treated as ^ form of insiffanee and not as extra days off from .. orl- and unused sick leave will be reinstated and will be available for immediate use. Employees who are denied needed sick leave for one of the purposes listed in this Policy should contact Human Resources for an individualized review. 2988191.4 EXHIBIT G TO RESOLUTION 2017-17 [Policy No. 911 ] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: MISCELLANEOUS LEAVE WITH PAY POLICY NO: 911 EFFECTIVE: July 1, 2017 REVISED: June 15 2017 PURPOSE: To establish a policy for Town employees to provide for leave with pay for Jury Duty, Witness Duty, Voting, Bereavement, and Administrative Leave. SCOPE: This policy applies to all Town employees. STATEMENT OF POLICY: Jury Duty/Witness Service - Full-time, part-time, or temporary employees called to serve on a jury will be paid for the day or days in which the court requires attendance if they were scheduled to work that day. Full-time, part-time, or temporary employees called to testify as a voluntary witness at the request of the Town of Fountain Hills (by subpoena or otherwise) will be paid for the day or days in which the court requires attendance. If employees are subpoenaed to appear in court as witnesses, but not at the request of the Town of Fountain Hills, they will be excused from work in order to comply with the subpoena but will not be paid for the time. Employees must present any summons to their supervisor on the first working day after receiving the notice. If an employee is not required to serve on a day he/she is normally scheduled to work or if the employee is excused before serving four hours of jury duty, he/she is expected to report to work. Employees may keep any compensation they are paid for jury duty or witness service. They will be paid their straight time base rate of pay for all hours missed due to jury duty or witness service on behalf of the Town of Fountain Hills in addition to any compensation received from the court. Compensation for witness service will only be paid if the employee is summoned for witness service by the Town of Fountain Hills. Voting — The Town of Fountain Hills encourages its employees to participate in the election of government leaders. Therefore, if an employee does not have sufficient time outside their regular work hours to vote, adequate time off will be allowed at the beginning or end of the workday to exercise this right. If possible, employees should make their requests at least forty-eight (48) hours in advance of Election Day. The employee may wish to inquire of their Registrar of Voters about the possibility of voting by absentee ballot. Every effort should be made to vote either before or after the employee's normal workday. Bereavement Leave - The Town of Fountain Hills recognizes the need for time away from work in instances of personal loss. Should a death occur in the immediate family of any full-time or Hart -time regularly scheduled employee, he/she will be granted a paid leave of absence, not to exceed three (3)ysconsecutive working days, as determined by their regular work schedule. If employees need time in excess of three days, they may use accrued vacationer or personal leave time with the approval of their supervisor and the Human Resources Administrator. Immediate family for the purpose of such leave is defined as spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws. 2988191.4 Payment for bereavement leave is at the employee's straight time rate of pay. Vacation day PTI or personal days may be granted to attend the funerals of other close relatives or friends upon approval by the employee's supervisor. Time off without pay will only be considered if the employee does not have vacationer or personal days available. To be eligible for the excused absence and pay provisions of this policy, employees are to request bereavement leave through their supervisor no later than the first scheduled workday following the death of an immediate family member. The Town of Fountain Hills reserves the right to request all pertinent information including deceased relative's name, the name and address of the funeral home, and the date of the funeral. Administrative Leave - Such leaves with pay are granted by the Town Manager, or designee, in emergency conditions such as weather, fire, or flood; in a declared state of emergency or disaster; or for reasons, either collective or individually, deemed for the good of the Town as determined by the Town Manager. 2988191.4 EXHIBIT H TO RESOLUTION 2017-17 [Policy No. 912] See following page 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: LEAVES OF ABSENCE WITHOUT PAY POLICY NO: 912 EFFECTIVE: July 1, 2017 REVISED: August 1, 15, 2017 PURPOSE: To establish the conditions under which Town employees may be granted leaves of absence without pay. SCOPE: This policy applies to full-time Town employees in regular classified status. PROCEDURE: Leaves of absence without pay for non -disability reasons will be considered first under the Family and Medical Leave Act (FMLA) Policy (Policy 915). Should the request for leave fail to meet the criteria specified under the FMLA policy, only then will a leave without pay be considered. Generally, a leave without pay shall not exceed two (2) calendar weeks. A longer leave of absence may be granted only under extreme circumstances. Requests for such leave must be made in writing to the employee"s immediate supervisor. Requests for leave without pay will not be granted until the employee has exhausted available leave with pay to include vacation, PTQ,--sick leave, personal leave and FMLA leave. If the immediate supervisor approves the leave, approvals must also be obtained from the Department Head and Town Manager. Leave of absence without pay may be granted for the following purposes: 1. Education 2. Travel 3. Care of a disabled person 4. Temporary employment by another public agency within the United States, its territories or possessions 5. Religious activities (non -compensated) 6. Peace Corps Duty (special two-year limitations). Employees on approved leave without pay may elect to continue group insurance coverage while on such leave. Employees on qualifying FMLA leave will continue to pay the employee='s share of any health insurance premium. Employees on unpaid leave (but not FMLA) must bear the entire cost and remit both the employee and Town portions of the premiums to the Human Resources Department on a monthly basis. If such payments are not made in a timely manner, coverage will be terminated. The Town is not obligated to hold the employee"s position open while the employee is on leave without pay. However, should the leave without pay be granted under the FMLA policy, that policy will govern the employee"s return to work. The position may be filled on a temporary or regular basis. An employee"s right to return to a position, either covered or uncovered, in the Town from a leave without pay shall be conditioned on the availability of an appropriate position and sufficient funding. 2988191.4 EXHIBIT I TO RESOLUTION 2017-17 [Policy No. 1201 ] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: SUPERVISION AND DISCIPLINE POLICY: SUPERVISION AND DISCIPLINE POLICY NO: 1201 EFFECTIVE: July 1, 2017 REVISED: Jttly 1, 201June 15.2017 PURPOSE: To establish the employee discipline process. PROCEDURES: Each employee shall be supervised by the individual to whom he/she is responsible in the organization. Each employee shall customarily be responsible to one immediate supervisor; however, when an employee divides responsibilities among two or more programs, the responsibilities for supervision and evaluation shall be furnished in writing to the employee. The Town Manager has authority to take disciplinary action against any classified or unclassified employee. The Town Manager may delegate this authority to any management employee for subordinate employees. Disciplinary actions shall be considered as constructive means of dealing with an employee"s unacceptable behavior or performance and should be appropriate to the seriousness of infraction or performance deficiency. Normally, with the exception of serious misconduct, the supervisor will counsel or give written warning to an employee and advise him/her about any aspects of work performance or conduct that need improvement and provide an opportunity for improvement. However, there is no right to progressive discipline. The seriousness of an offense may lead to any level of discipline up to dismissal. A combination of disciplinary actions may also be used. Grounds for Disciplinary Action Grounds for disciplinary action(s) include but are not limited to the following: 1. The employee fails to competently or efficiently perform assigned duties and responsibilities. 2. The employee is unsafe to himself/herself, other employees, the public, or Town property in the performance of duties or responsibilities; or the employee has violated safety rules or practices. 3. The employee has been abusive in attitude, language, behavior, or conduct toward a fellow employee, a supervisor, or the public; or their action has resulted in physical harm, injury, or fear of harm to such persons. 4. The employee has been insubordinate, willfully disobedient, or has failed to follow reasonable direction from a supervisor. 5. The employee has been convicted of a criminal offense while employed by the Town. 6. The employee has stolen public or private property, misappropriated Town funds, or has been an accomplice in any of these practices while employed by the Town. 7. The employee has made unauthorized use and/or removal of Town property. 2988191.4 8. The employee, through negligence or willful misconduct, has caused damage to public property or waste of public supplies. 9. The employee has engaged in conduct, on or off duty, that is of such a nature that it causes discredit to the Town. 10. The employee has purchased, possessed, used, manufactured, distributed, dispensed, or sold alcoholic beverages, unauthorized drugs or controlled substances, or any other intoxicants on Town property, while operating Town equipment, or while in the performance of Town duties unless authorized to do so; or the employee has reported to work under the influence of alcohol or drugs as defined in the Town of Fountain Hills Drug -Free Workplace Policy; or the employee's off-duty use, possession, or sale of drugs or alcohol adversely affects work performance, safety, or the Town's reputation. Upon reasonable suspicion, an employee may be required to undergo an intoxilyzer, blood, breath, urinalysis, or any other appropriate test to detect and substantiate the presence of alcohol or drugs. Refusal to undergo the test when ordered or switching or adulterating test samples will constitute violation of #4 above. (See Drug -Free Workplace Policy.) 11. The employee has intentionally falsified any document, report or statement relating to their employment with the Town. 12. The employee has secured employment with the Town through misrepresentation or fraud. 13. The employee has refused to subscribe to any oath or affirmation required in connection with Town employment. 14. The employee has violated the rule or regulation governing outside employment (See Policy 209, Secondary Employment). 15. The employee has been inexcusably absent, has failed to receive-pfier approval for any paid or unpaid absence, has abandoned their position, feigns sickness or injury, or otherwise deceives a supervisor as to their condition or ability to perform the duties of the position, or the employee has falsified a certificate justifying medical leave. 16. The employee has had excessive absenteeism or tardiness. 17. The employee has refused to perform reasonable modified duty that is assigned because of an illness, injury or disability. 18. The employee has worked at outside employment while on medical leave, industrial accident leave, or Family and Medical Leave. 19. The employee has concealed information or failed to properly report an accident or incident under the purview of any state statute or Town resolution or regulation. 20. Failure of an employee convicted under a criminal drug statute for a violation occurring in the workplace to notify his/her Department Head within five (5) days after such a conviction. 21. The employee holds a Town of Fountain Hills elective office prior to resigning from a Town position or holding any other office incompatible with a position with the Town. 2988191.4 22. The employee has used or attempted to use political influence in securing a promotion, leave of absence, transfer, or an increase in pay. 23. The employee has accepted a fee, gift, or other item in the course of performing the duties and responsibilities of their position in violation of the conflict of interest rules. 24. The employee has committed an act of discrimination or harassment based on race, color, religion, sex, national origin, age, disability or any other category identified in the nondiscrimination policy. 25. The employee has failed to follow appropriate chain -of -command. 26. The employee has committed any other conduct of equal gravity to the reasons enumerated in this section. TYPES OF DISCIPLINARY ACTIONS: Counseling Counseling is a private discussion between a supervisor and an employee concerning expectations of future conduct. The supervisor should keep notes regarding the discussion and the date, and the employee should be told that a record of the counseling session shall become part of the employee'=s personnel record. Counseling is not discipline and is not subject to the appeal/grievance procedure. Warning A written warning may be given to an employee describing the performance or behavior which needs to be improved. The employee shall sign the statement and receive a copy. This warning shall become part of the employee"s personnel record. Reprimand When counseling or warning have not resulted in the correction of a situation, or when more severe initial action is warranted, the supervisor may issue a written reprimand stating the date of any prior discussion or warning, a description of the unacceptable behavior or performance, and possible consequences if behavior is not improved or corrected. The employee shall sign the statement and receive a copy. If the employee refuses to sign the statement, the supervisor shall sign the statement as such, and indicate the employee" s refusal to sign. The written reprimand shall become part of the employee"s personnel file. Special Review Period When performance or behavior warrant the action, a special review period may be established. The special review period may not exceed 90 calendar days. The supervisor shall prepare a written performance evaluation and memorandum outlining the improvement required, the time established for the period, and possible consequences if performance does not improve. Ten days before the end of the period, the supervisor shall submit a written performance evaluation and recommendation for the employee"s future status to the Human Resources Administrator, which shall become a part of the employee='s personnel record. Demotion An employee whose ability to perform the required duties falls below standard or who merits disciplinary action may be demoted upon approval of the Town Manager. Written notice shall be given to the employee within three days before the effective date of the demotion. 2988191.4 Suspension Without Pay: The Town Manager may suspend an employee from any position at any time without pay for a disciplinary purpose. A supervisor may recommend suspension of a subordinate employee to the Town Manager for his/her approval. No supervisor may suspend a subordinate for any period of time without the approval of the Town Manager. A suspended employee receives written notification on a "Record of Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of Counseling/Disciplinary Action" form, listing the specific charge(s), period of suspension, and administrative review and appeal rights, if any. The employee is given a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Suspension of Exempt Employ: An exempt employee (those exempt from the provisions of the Fair Labor Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one or more full days except for infractions of safety rules "of major significance." Suspensions for exempt employees must occur within the same workweek. Safety rules of major significance are those (rules) and supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities, employees or the public. Administrative Leave With Pay: The Town Manager may place an employee on Administrative Leave With Pay at any time as a non -disciplinary measure to permit an investigation into matters concerning a possible disciplinary action. No supervisor may place a subordinate on administrative leave with pay for any period of time without the approval of the Town Manager. During this period, the employee is considered to be on full duty and available to participate and aid in the investigation. In making the determination to place an employee on administrative leave with pay, the following factors are considered: �A. Whether or not the employee"s presence on the job or at the work site would hinder the investigation, •o B -.-B. If the employee's presence would be detrimental to the public interest or the continued efficient operation of the Town. The Town Manager must approve administrative leave. An employee placed on Administrative Leave With Pay receives written notification on a L"'Record of Counseling/Disciplinary Action'-"' form, or by separate letter which will be attached to the L.. Record of Counseling/Disciplinary Action' form, listing the nature of the investigation, period of leave, and administrative review and appeal rights, if any. The employee is provided a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Dismissal Employees may be dismissed with cause by the Town Manager by written notice which shall state the cause for dismissal, the effective date, and the employee"s appeal rights, if any. Only covered employees who have successfully completed the introductory period have appeal rights. Due Process: Prior to an involuntary termination, a non -introductory period employee will be provided with a written notice from his or her supervisor of the intent to terminate with the supporting reasons. The employee shall be given an opportunity to respond to the charge, orally or in writing to his or her supervisor, as to why the proposed action should not be taken. 2988191.4 The department's explanation in the notice shall be sufficient to apprise the employee of the basis for the proposed action. This shall not limit the employer at subsequent proceedings from presenting a more detailed and complete case. If, after considering the employee's evidence, the Town proceeds with termination, the employee may appeal in writing within ten (10) calendar days of the decision. Human Resources will then set an administrative hearing to adjudicate the appeal. The employee may have legal counsel present at the hearing. In cases involving an employee who works under the direction of the Town Manager, the hearing officer shall be the Presiding Judge. In cases involving an employee who works under the control of the Presiding Judge, the hearing officer shall be the Town Manager. The Town Manager or the Presiding Judge may appoint another manager or Judge from another Arizona city or town to serve as the hearing office in their place if they so choose. The hearing officer shall, no later than five (5) calendar days after the conclusion of the hearing, deliver a written opinion which shall contain three (3) basis elements: 1. A statement of relevant facts 2. A statement of applicable rules 3. Conclusions/recommendations The written opinion shall be delivered to the affected employee, his/her supervisor and/or department director, the Town manager in cases where the Presiding Judge has served as hearing officer, and the Presiding Judge in cases where the Town Manager has served as hearing officer. A copy of the opinion shall also be placed in the employee's personnel file. Within five (5) calendar days after the receipt of the written opinion of the hearing officer, the appointment authority (either the Presiding Judge or the Town manager) shall either affirm or reject the determination of the hearing officer. The decision of the appointing authority shall be final and binding upon both the employee and the Town, and therefore, not appealable to any office or body of the Town or to any other forum, administrative or judicial. 2988191.4 EXHIBIT J TO RESOLUTION 2017-17 [Policy No. 920] See following pages 2988217.1 Town of Fountain Hills Personnel Policies and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: PAID SICK TIME — PART-TIME NON -REGULARLY -SCHEDULED, TEMPORARY, SEASONAL, AND OTHER EMPLOYEES POLICY NO: 920 EFFECTIVE: July 1, 2017 REVISED: June 15, 2017 PURPOSE: To establish the means by which Town of Fountain Hills part-time non -regularly scheduled, temporary, seasonal, and other employees may earn and use paid sick time. STATEMENT OF POLICY: Paid sick time is a form of sick leave and part of the integrated program of benefits for Town employees. Such leave is intended for use only under specific conditions as set forth in this policy. SCOPE: All part-time non -regularly -scheduled, temporary_ or, seasonal, and other Town employees are eligible to earn paid sick time for hours worked. PROCEDURE: Upon hire, all part-time non -regularly scheduled, temporary, seasonal, and other Town employees will begin to accrue sick leave at a rate of one (1) hour of sick leave for every thirty (30) hours worked. Up to forty (40) hours of accrued and unused sick leave may be carried over. The Town limits use and accrual of sick leave under this policy to forty (40) hours per calendar year. Use of sick leave is permitted during the initial introductory employment period with the Town. Sick leave may be used for any of the following reasons: • An employee's mental or physical illness, injury or health condition: an employee's need for medical diagnosis, care or treatment of a mental or physical illness. injury or health condition: an employee's need for preventive medical care. • Care of a family member with a mental or physical illness, injury or health condition: care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition: care of a family member who needs preventive care. • Closure of the employee's place of business by order of a public health official or need to care for a child whose school or place of care has been closed by order of a public health official. • Care for oneself or family member when it has been determined by health authorities or a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. 2988191.4 • Absence due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member: o Medical attention needed to recover from injury or disability caused by domestic violence, sexual violence, abuse or stalking o Services from a domestic or sexual violence program or victim services organization o Psychological or other counseling o Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking: or o Legal services related to the domestic violence, sexual violence, abuse or stalking. The term "family member" means the following for pumoses of this policy: • Biological, adopted or foster child, stepchild or legal ward, a child of domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor, • Biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child. • Spouse or a registered domestic partner • Grandparent, grandchild or sibling (whether biological, foster, adoptive or step) of the employee or the employee's spouse or domestic partner. or • Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. For earned paid sick time of three or more consecutive work days, the employee may by e required to submit reasonable documentation that the earned paid sick time has been used for a purpose covered in this policy. Documentation signed by a heath care professional indicating that earned paid sick time is necessary shall be considered reasonable documentation. In cases of domestic violence, sexual violence, abuse or stalking. documentation set out in A.R.S. & 23-373(G) shall be sufficient. Any employee who abuses sick leave will be subject to disciplinary action. Events that may lead to disciplinary action include, but are not limited to, falsifying illness or reasons for using leave, unsubstantiated excessive use (three (3) or more consecutive absences without appropriate documentation) and a failure to comply with the authorization requirements above. Employees will be permitted to use sick leave in incremented units of one-half (1/2) hour or more, in any one day. Sick leave shall not be advanced to an employee ee nor may sick time be transferred between employees. The Town may require that accrued and unused sick leave under this policy be used concurrently with leave taken under other applicable leave policies, including leave taken under the Family and 2988191.4 Medical Leave Act (FNMA). Sick leave hours will not count toward hours worked for purooses of computing overtime. Paid sick leave accrued under this Policy will not be paid out at separation from employment. If an employee separates from employment with the Town and is rehired within nine (9) months that employee's previously accrued and unused sick leave will be reinstated and will be available for immediate use. Employees who are denied needed sick leave for one of the purposes listed in this Policy should contact Human Resources for an individualized review. 2988191.4 EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND GRADY E. MILLER Amended and Restated June 15, 2017 THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into June 15, 2017, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Grady E. Miller ("Miller"). RECITALS A. The Town and Miller entered into an employment agreement on May 21, 2015 (the "Original Agreement"), to provide certain benefits, to establish certain conditions of employment and to set working conditions for Miller. B. It is the desire of the Mayor and Council of the Town of Fountain Hills (the "Town Council") to continue to employ Miller as Town Manager of the Town, as provided by Article 3-1 of the Fountain Hills Town Code (the "Town Code") and to modify the Original Agreement to increase Miller's automobile allowance and management leave. C. Miller desires to continue his employment as Town Manager of the Town. D. The parties acknowledge that Miller is a member of the International City/County Management Association ("ICMA") and that Miller is subject to the ICMA Code of Ethics. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into and are deemed an integral part of this Agreement, the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by the parties hereto, the Town and Miller hereby agree as follows: 1. Duties. Miller shall perform the functions and duties specified for the Town Manager in the Town Code and to perform other legally permissible and proper duties and functions as the Town Council shall from time to time assign. Miller shall not be reassigned from the position of Town Manager to another position without his express, written consent. 2. Term. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until terminated by either the Town or Miller as set forth below. The Town and Miller agree that Miller shall continue his official duties for the Town and, during the term of this Agreement, Miller shall be in the exclusive employ of the Town and shall not accept other employment or carry out any other business except that of the position of the Town Manager unless authorized to do so by the Town Council, in writing, prior to Miller 2989971.1 engaging in such other activity; provided, however, that any such additional duties shall be conducted on Miller's vacation time and without the use of Town resources or equipment. 3. Termination. This Agreement may be terminated by the Town with or without cause at any time, subject only to subsection 3-1-1(E) of the Town Code and the severance provisions set forth in subsection 3.2 below. Miller may terminate this Agreement at any time, with or without cause, upon not less than 30 days written notice to the Town Council. 3.1 Severance With Cause. If the Town Council terminates this Agreement with cause, no severance pay will be paid to Miller unless otherwise approved by the Town Council in its sole discretion. For the purposes of this Agreement, "with cause" shall mean that the Town Council, at a duly posted public meeting, has determined that Miller has (A) committed an act of gross insubordination by refusing to take a legal, valid action that is clearly within the scope of his employment when specifically directed to do so by a majority of the Town Council at a duly posted public meeting, (B) been incarcerated and charged with a felony as defined in Arizona Revised Statutes (the Town Council may choose to suspend Miller with pay during the pendency of any such prosecution), (C) either in his personal or professional capacity, severely damaged the reputation of the Town or the Town Council, (D) materially failed to perform a significant portion of his duties as the Town Manager as set forth in this Agreement, (E) caused or by gross negligence allowed any practice, activity, decision or organizational circumstance that is either illegal or immoral, (F) violated provisions of the ICMA Code of Ethics or (G) committed malfeasance in office or willful breach or habitual neglect of the duties described in subsection 3-1-1(H) and Section 3-1-10 of the Town Code. 3.2 Severance Without Cause. A. In the event the Town Council terminates this Agreement without cause, Miller shall be entitled to severance pay in an amount equal to six months of his annual base salary, benefits and allowances (excluding the value of the use of a Town vehicle, but including any automobile allowance granted by the Town Council pursuant to subsection 6.5 below), including pay -out of accrued vacation and sick leave at the then -current rates set forth for all Town employees in the Town's personnel rules, at the time of such termination, but specifically excluding any payout for unused Management Leave as described in Subsection 6.7 below. Payment of any such severance shall be contingent upon all of the following: (1) Miller executing a severance agreement acceptable to both parties, which shall include Miller's (a) full release of the Town and all its agents and employees from any and all claims, including but not limited to, demands, damages, causes of action or liability arising out of Miller's employment or termination of employment with Town, (b) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance proceeding or investigation of any kind, under any contract, law or regulation, pertaining to his employment with the Town and (c) acknowledgement that the Town will provide no more than neutral references for Miller, but that the Town may be required to disclose any and all records related to such termination pursuant to a valid request for public records. 2989971.1 2 (2) Miller making himself reasonably available as needed by the Town for consulting purposes for a period of time equal to the number of months of severance paid. B. It shall be deemed severance without cause if, at any time during the term of this Agreement the Town Council (1) reduces Miller's salary or other financial benefits in a greater percentage than an applicable across-the-board reduction for all Town employees or (2) refuses to comply with a material term of this Agreement within 30 days after written notice from Miller. C. If Manager's employment is terminated pursuant to this subsection 3.2, all fringe benefits furnished by Town shall terminate on the date of termination of this Agreement. D. Town and Miller acknowledge that the escrow agreement executed between the Town and Miller relating to the 2015-2016 budget year (the "Escrow Agreement") will expire by its terms on July 1, 2017, and all amounts held by the escrow officer according to the Escrow Agreement will be returned to the Town within 15 days of such expiration. 3.3. Voluntary Resignation. In the event Miller voluntarily terminates this Agreement for any reason, he shall not be entitled to severance pay, unless otherwise approved by the Town Council in its sole discretion. 3.4 Forced Resignation. In the event of a suggestion, either formal or informal, by one or more members of the Town Council, including the Mayor, that he resign, Miller may require that the Mayor, Town Council and Miller meet and discuss the matter in an effort to resolve any disagreement or misunderstanding that led to the suggestion of resignation, subject to compliance with the Open Meeting Law and other applicable laws. If Miller resigns following an offer to accept resignation by a majority of the Town Council, whether formal or informal, then he may declare a termination as of the date of the acceptance. 4. Suspension. If the Town Council has made a determination that "for cause" termination is appropriate as set forth in subsection 3.1 above, the Town Council may, in its sole discretion, as an alternative to, or prior to, termination, suspend Miller with or without pay for a period of up to 30 days. 5. Disabili . If Miller is permanently disabled or is otherwise unable to fulfill his duties hereunder due to sickness, accident, injury, health or mental incapacity for a period of four consecutive weeks beyond any accrued sick leave, or a minimum of 12 weeks as defined under the Family Medical Leave Act of 1993 (FMLA) should said accrued sick leave be less than twelve weeks, the Town shall have the option to terminate this Agreement; provided, the Town shall pay the full amount of severance pay set forth in Section 3 above. Miller shall, during such disability event, continue to accrue vacation leave and sick leave and receive holiday compensation benefits. A termination due to disability shall not be exercised unreasonably. 2989971.1 3 6. Compensation. 6.1 Sala . The Town agrees to pay Miller a base salary of $137,383.42 for fiscal year 2017-18 for his services rendered pursuant to this Agreement, payable in installments at the same time as other management employees of the Town are paid. In the event Miller has met or exceeded the Town Council's expectations during any fiscal year under this Agreement, as determined according to the performance evaluation criteria set forth in Section 7 below, Miller's base salary shall be increased in each fiscal year (beginning FY 2018-2019) by the same percentage amount approved by the Town Council for other Fountain Hills employees as a merit increase, market adjustment and/or cost of living increase, if any, as part of the Town's annual budget. The Town shall adjust Miller's other benefits in such amounts as are generally provided other Town employees. 6.2 Disability, Health and Life Insurance. The Town agrees to provide life, accident, sickness, short and long term disability income benefits, major medical, hospitalization, surgical and comprehensive medical insurance, workers compensation and FMLA benefits in the same manner and at the same benefit level as is generally provided to all the Town employees. Except as otherwise provided in this Agreement, Miller shall be entitled, at a minimum, to the highest level of benefits enjoyed by and/or available to other employees, department heads or general employees of the Town as provided by the Town's policies, Town Code, ordinances, personnel rules and regulations or other practices. Miller may choose to forego coverage under this Subsection, in which case the Town shall provide Miller with a stipend of $500 per month to offset medical costs. 6.3 Retirement and Deferred Compensation. The Town shall make contributions to the Town's ICMA 401 plan on Miller's behalf in the same amount as contributed for other management employees of the Town. Miller may, at his sole option and expense, contribute to the Town's existing ICMA-RC 457 plan account (any catch-up amounts permitted by the plan shall be made separately by Miller). Such contributions shall be in 26 equal bi-monthly installments. The Town further agrees to transfer ownership of Miller's plan(s), to the extent permitted by law, to any succeeding employer in the event of Miller's termination from the Town, for any reason. 6.4 Cellular Telephone. The Town shall provide Miller a $75 monthly cellular telephone stipend. Miller shall maintain a cellular telephone, with a telephone number published internally in the Town directory, for use in conducting Town business. 6.5 Automobile. The Town shall provide Miller with a vehicle allowance of $600.00 per month. 6.6 Vacation and Sick Leave. Miller shall accrue vacation and sick leave at the same rate as granted other employees; provided, however, that Miller shall be credited with 40 hours of vacation leave and 40 hours of sick leave, in addition to any unused amounts in his vacation and sick leave "banks" as of the date of this Agreement, which shall be available on the date he reports for duty as set forth in Section 2 above. Miller shall be compensated for unused 2989971.1 4 vacation and sick leave upon termination according to the provisions of the Town's then -current personnel rules relating thereto. 6.7 Management Leave. Miller shall be granted, on July 1 of each year, 80 hours of Management Leave to be used at his discretion. Leave under this Subsection 6.7 shall not accumulate from year to year, and the unused portion shall be forfeit on June 30 of each year. This leave shall not be included as a portion of Severance Pay as set forth in Section 3 above. 7. Performance Evaluation. The Town Council shall annually review and evaluate Miller's performance as far in advance of the adoption of the annual operating budget as practicable, but not later than April 30 each year. Miller's review and evaluation shall be based upon (i) success at fulfilling the reasonably achievable goals and performance objectives set forth by the Town Council in its annual goal -setting retreat, (ii) personnel management, including overall management style and ability to lead and direct staff and ability to supervise department heads, but specifically excluding any evaluation of Miller's hiring and firing decisions with respect to individual staff members, (iii) obtainment of additional, reasonably achievable policy objectives and goals as set forth by a majority of the Town Council at a public meeting; provided, however, that such goals and objectives are generally obtainable within the time allowed and within the limitations of the annual budget and (iv) professionalism, including manner of addressing the Town Council, preparation of Council agendas and supporting material and preparation and management of the annual budget. 8. Hours of Work. The Town Council recognizes that Miller is a salaried employee and must devote a great deal of time beyond the normal office hours to business of the Town and, to that end, Miller will be allowed to take reasonable time off as he shall deem appropriate during said normal office hours. 9. Dues and Subscriptions. The Town agrees to budget for and to pay for Miller's professional dues and subscriptions necessary for his continuation and full participation in national, regional, state and local associations and organizations of which he is currently a member or expected to be a member because of his position as Town Manager, and for other necessary and desirable expenses for his continued professional participation, growth, and advancement, and for the good of the Town, as the Town Council deems appropriate. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 10. Professional Development. 10.1 Professional Associations. The Town hereby agrees to budget for and to pay for Miller's travel expenses of professional and official travel, meetings, and occasions it deems necessary to continue his professional development and to adequately pursue necessary official functions for the Town, including but not limited to the ICMA annual conference, the Arizona City/County Management Association conferences, the League of Arizona Cities and Towns annual conference, and such other national, regional, state, and local governmental groups and committees thereof on which Miller serves as a member. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 2989971.1 5 10.2 Continuing Education. The Town also agrees to budget for and to pay for Miller's reasonable travel, registration and subsistence expenses for short courses, institutes and seminars that it deems necessary for his professional development and for the good of the Town. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 11. Expenses. 11.1 General Expenses. The Town recognizes that certain expenses of a non - personal and generally job -affiliated nature are periodically incurred by Miller. The Town agrees to (i) reimburse or to pay said general expenses and (ii) authorizes the Finance Director or authorized designee to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 11.2 Relocation Allowance. The Town shall reimburse Miller up to $10,000.00 related to Miller's moving expenses (and other related storage costs) from his current residence to Fountain Hills for household and personal items, but not including any livestock, personal pets or recreational vehicles. All requests for reimbursement by Miller shall be accompanied by receipts supporting such request. 12. Civic Club Membership. The Town recognizes the desirability of representation in and before local civic and other organizations, and Miller is authorized to become a member of such civic clubs or organizations the Town Council deems necessary and for which the Town shall pay all expenses. Miller shall report to the Town on each membership that he has taken out at the Town's expense. 13. Indemnification. In addition to that required under state and local law, the Town shall defend, save harmless, and indemnify Miller from and against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Miller's duties as prescribed by the Town Code or separate directions of the Town Council. 14. Bonding. The Town shall bear the full cost of any fidelity or other bonds required of Miller under any law or ordinance. 15. Default; Cure. Failure or unreasonable delay by Miller or the Town to perform or otherwise act in accordance with any term or provision hereof shall constitute a breach of this Agreement and, if the breach is not cured within 30 days after written notice thereof from the other party, shall constitute a default under this Agreement; provided, however, that if the failure is such that more than 30 days would reasonably be required to perform such action or comply with any term or provision hereof, then the party shall have such additional time as may be necessary to perform or comply so long as the party commences performance or compliance within 15 days after written notice and diligently proceeds to complete such performance or fulfill such obligation (the "Cure Period"); provided further, however, that no such cure period shall exceed 90 days, unless otherwise agreed to, in writing, by the parties. Any notice of a breach shall specify the nature of the alleged breach and the manner in which said breach may be satisfactorily cured, if possible. In the event a breach is not cured within the Cure Period, the 2989971.1 6 non -defaulting parry shall have all rights and remedies which may be available under law or equity. 16. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Mayor With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Miller: Grady E. Miller 16344 East Crystal Ridge Drive Fountain Hills, Arizona 85268 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 (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 17. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Miller of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 18. Attorneys' Fees. In the event either party finds it necessary to bring any action at law or other proceeding against the other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the parry prevailing in such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 2989971.1 7 19. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 20. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 21. Time of the Essence. Time is of the essence in this Agreement. 22. Assignment. This Agreement may not be assigned, in whole or in part. 23. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 24. Amendment. No amendment or waiver of any provision in this Agreement will be binding (i) on the Town unless and until it has been approved by the Town Council and has become effective or (ii) on Miller unless and until it has been executed by Miller or his authorized representative. 25. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona. 26. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 27. Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Agreement, the parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not unreasonably withhold appropriation authority to fund the salary, benefits and other provisions of this Agreement. 28. Conflict of Interest. This Agreement may be cancelled by the Town pursuant to ARiz. REv. STAT. § 38-511. 2989971.1 8 29. Counsel Assistance; Fair Interpretation. 29.1 Counsel for Miller. Miller has either been assisted by counsel in connection with the preparation and execution of this Agreement or has chosen to forego such legal representation despite a recommendation from the Town that Miller seek advice from legal counsel. 29.2 Counsel for Town. The Town has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 29.3 Fair Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction that ambiguities shall be resolved against the Party who drafted a provision shall not be employed in interpreting this Agreement. 30. Non -Default. By executing this Agreement, Miller affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Agreement, under any of the terns or conditions of the Original Agreement and (i.i) any and all claims, known or unknown relating to the Original Agreement and existing on or before the date of this Agreement are forever waived. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. "Miller" Grady E. M ler 2989971.1 E "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Linda M. Kavanagh, Mayor ATTEST: Bevelyn J. Bender, Town Clerk �.�AIN�,TOWN OF FOUNTAIN HILLS 4 z TOWN COUNCIL a� AGENDA ACTION FORINT 4 Meeting ©ate: 6115/2017 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, 480 816-5135, rgoodwin@fh.az.gov fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the donation of a bronze sculpture titled, "Mirth & Melancholy" for placement outside the Community Center. Applicant: NIA Applicant Contact Information: NIA Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Public Art Master Plan Staff Summary (background): The Public Art Committee is requesting that the Town Council accept a donated bronze sculpture titled, "Mirth & Melancholy" by artist Vincent Russo. The piece is valved at $22,000 with an acquisition price of $16,000. Placement would be on the left side of the entryway to the Community Center in front of the blank wall between two of the three small windows. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): The annual insurance premium for this piece would be $94.60 per year. Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here: MIA Budgeted; if No, attach Budget Adjustment Form: INA Recommendation(s) by Board(s) or Commission(s): The Community Services Advisory Commission are recommending acceptance of the piece and placement as proposed. Staff Recommendation(s): Staff is recommending acceptance of the piece and placement as proposed by the Public Art Committee. List Attachment(s): Letter from the Chair of the Public Art Committee, Sandi Thompson, picture of the sculpture and site map. SUGGESTED MOTION tzar council use): Motion to approve acceptance of the donated piece and its placement outside the Community Center as requested. Page 1 of 2 Ap oved: , � L, • V \_ _a ^ radyGF. Miller, Tow ager 6/6/2017 Page 2 aft HV.UrKUly MayUr Kr.,, anagh Town Council iviembers Town of Fountain Hills Fouutain Hills, AZ 85268 Dear Ladies & Gentlemen, FOUN iAIIQ RICC5 CHUM UFML & CIVIC ASSOCIATION Pr'ut OfFicl Bux i sszo4 Fountain Hills, AZ 85269 May 8t" 2017 The Public ALL Committee of the FaunLain Hills Cultural & Civic Association would like to propose the acquisition of a biouc.0 sculptuic eut;tled "Mirih & Melancholy" by artist Vincent Russo. It is apprUN;,L,atcly 55"H % 23-'W x 18"D. It is meant to be viewed un an elevated plinth ut 30-31 inches. This piece has a gallery price of $22,000 but we have negotiated an acquisition price of $ 16,000. The suggested location for the work is on the left side of the e.nyway t -W the C%mmunity Center in front of the blank wall between two of the three small windows. 1 nis auqu;sitim, rias beeti appaoved by the Public Art Committee ana the Bcard of Dituctors of the Fu.ntain Hills Cultural & Civic As3ociatii-,n. A photo of this work has been sent to you in a separate email. VeryTt my Yews, Sandi Thompson Sandi i nc;mp3-vn Chair_ Public An Committee "Mirth & Melancholy" By Vincent Russo MAIN ENTRANCE YAVAPAI RM 815 SF RESTROOMS LOBBY 7,713 SF O o SOUTH r r El STO RAG E KITCHEN 1 _nnn SF SERVICE HALL BALLROOM 2 1,798 SF GLASS HALL O EAST AIN TOWN OF FOUNTAIN HILLS k0 C, TOWN COUNCIL r � . � AGENDA ACTION FORM � �4 h$t is At'�' Meeting pate: 6115/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady Miller 480.816.5107 gmiiler@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of APPOINTING three (3) citizens to serve on the Strategic Planning Advisory Commission for a two-year term beginning on July 1, 2017 and ending on Juice 30, 2019. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town Council Rules of Procedure 2014-9, Resolution 2009-09 SPAC By-laws Staff Summary (background): The terms of three (3) Commissioners expire on June 30, 2017 Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): SUGGESTED MOTION (for Council use): Move to APPOINT and to serge on the Strategic Planning Advisory Commission for a two-year term beginning on July 1, 2017 and ending on June 30, 2019. Prepared Page 1 of 2 Director's Approval: Approve tl: C Grady E.Miller, To" Mana 6/6/2011 P., 2of2 ,VA,IN4 TOWN OF FOUNTAIN HILLS °f1n Z TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 611512017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Development Services Staff Contact information: Marissa Moore, AICP, Senior Planner, 480-816-5139, mmoore@fh.az.gov PUBLIC HEARING of a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District — 35,000 Square Feet per Dwelling Unit" zoning district. (Case #SU2017-03) CONSIDERATION of a request for a SPECIAL USE PERMIT to allow a 25 -foot tall golf ball fence to be installed at 16932 E. Monterey Drive, located in the "R1-35 Single -Family Residential Zoning District 35,000 Square Feet per Dwelling Unit" zoning district. (Case #SU2017-03) Applicant: John Bercel Applicant Contact Information: Bercel Builders, Inc. 17220 E. Malta Drive Fountain Hills, AZ 85268 (480) 837-2596 Owner: Dorothy Cremonese Owner Contact Information: 16932E. Monterey Drive, Fountain Hills, AZ 85268 (480) 837-3638 Property Location: 16932 E. Monterey Drive, Fountain Hills, AZ 85268 (APN #176-10-178) Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance: Chapter 2, Section 2.02 — Special Use Permits Chapter 5, Section 5.09 A.1 - Walls and Fences The site, plat 403B, Block 3, Lot 7, is 48,622 square feet (1.12 acres) and is located in an R1-35 RUPD zoning district. The properties adjacent to the site are: North Desert Canyon Golf Club— 14t" Fairway- Zoned 81-8 RUPD West Single -Family Residential — Zoned R1-35 South Single Family Residence - Zoned R1-35 East Single Family Residence - Zoned 131-8 Page 1 of 3 SIU2013-03 — 161532 BI. Maniffay Duive GaIll Ball Rence lIC 6)115/2017 Staff Surrimlalry ftackground;: Due lo continued damage frcirr wayward golf balls lo tl•e sutject home whiaf abuts the 14th fairnay of 111•e Desert Canyon Golf Club, if EI property owner is seeking reliE111 ty irlsiallation of a galf Mil fence to prollelat 111•e home from further darrage. The horn a f as fac dozens of holes created by golf balls as well as a t liok er1 sk} light arlc t liok er1 nocif files art the covered entry opposite 1 f e sic a of 111•e f ouse facing the llairway. 1111-a property ownell has stated f hal sl• a is concennElc at out the golf t Ills ciai sing bodily halim while her and/or guestEi are in 11f a near yard pool arlc pallio areas. Zoning Orc inanae Sbation 5.09 A.1 lists tl• a criteria fon a Special U,Ie Permit for a golf tall feriae @Ei follows, witl• stafll's re,Iponse in italias: a. "Galf ball fences may only be c evelciped an Iclls that c ireclll} abut a golf course ar driving range, howe%er, 111• ey may not t e developer willl• in any fnorll or street -side } arc setback." The applicant's property abulls the gojV clourslEl which is nosh of 11he prapertyl. The fence would no11 iiEI willhirl any sellbaclk on 11he prop vinyl. " Golil ball fences shoulc only t EI de% alopec wif l• in 5b -F i ndred (600; feel) of the forwand- rro,111 golf Zai rse tee box or dlii%ing range position. Golf course 11eriCIEM to protect against errant seciandaryl golf ,IhotEi may be appIlICR EIC cue W L nusual site or aoL rse 1@y aL t circurr sfarlcies. " Wie plrloplosed fence is a� prlox,imateiyl 300 feet from the fcirward-m ost g off course IIeEI bcix. a. "Golf tall ferlaes sl• all be set bank from any abutlling neslic ential property at a distance Aril less 111• an 111• a heigl• 11 of tl• a 11erice. Golf ball ferlaes may be locallac nearer to sc cit a properly line with I a prior written corlser111 of the abs tting residential propElriy owner." 111he � roposed fence is 25 feet high and 5E1 le et room the neareall ne,iShbor's plroplElrtyl line at 11he cilosest ploint. d. —nhe rr axirrl urr1 f eigl• 1 of a golf ball fenae shall riot exceec twenty-ili%EI (2E ; feet." 111he proplosea golf ba,V fence height ,is 25 feclt. e. "Role ardor rr L Eil blerlc in witl• t ack ground features Eici viewed flicirr neighbonirlg proper ies to rr irlirrl ize its visit ility. Net color sl• all be black." Me go,V ball fence wobla be iocialled cin Me EIas11 side of the plropertyl, which is also where 11he aloaest aajacenil home .is /acialled. TVlere ,is some exiating vegetation and Me applicant is plropciaing the poles be aark green to match willh Me pege11ator1. The netting is b/ac1Nl. f. "Landscaping ,ihoulc be user where apipropriale to of sauiie the poles frorr the nEiighboiiing properties." Because the proposed g ci# bail fence ,is applroximatEulyl 930 feet from the aa,'aclEint residence, the sub,'eclt property is dowEir 11har1 Me ne,ig hbors, ana exiating vegetation isi locatea bellweEin the subs eclt property) ane the neighbors 110 the easill, no add,itionaA landscag ing is proposed. Risk Analysis (loplions or alternali%es with irr1 plications): 111f•e coal to the horreowner will aorlfirlue to grow if no ferlciing is allowed. In addilicin, the potential for bodily harrrl will rerr ain without the fence. Page ] of 3 SU2017-03 —16932 E. Monterey Drive Golf Ball Fence TC 6/15/2017 The proposed fence will provide significant protection to the applicant's home and inhabitants. The view for the two neighbors abutting the subject property on the east may be disrupted, but providing the black netting will reduce visibility of the golf ball fence. Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): The Planning & Zoning Commission held a public hearing on May 25, 2017. The Planning and Zoning Commission voted 6-0 to forward a recommendation to Town Council to approve the Special Use Permit. Staff Recommendation(s): Staff recommends that the Town Council approve the Special Use Permit for the golf ball fence as outlined in this report. List Attachment(s): 1. Aerial images (3 pages) 2. Scaled aerial showing distance between closest tee box and proposed golf ball fence 3. Application 4. Applicant's Narrative (6 pages) 5. Proposed site plan 6. March 25, 2017 Planning and Zoning Commission meeting minutes SUGGESTED MOTION (for council use): Move to APPROVE the Special Use Permit to allow the installation of a golf ball fence at 16932 E. Monterey Drive. Prepar Marissa Moore, Sr. Planner L 6/6/2017 Diredz ova zo�� Ro gers,veop�Seivices Director 7 tl: umay mile" Tor pager 6/7/2017 Page 3 of 3 16932E. Monterey Drive Special Use Permit - Golf Net SU2017-03 Approximate location of proposed golf ball fence W77 PRCJEC FAR MA14 N 76-. �- [L. 55; 4 ZoKmr LO 1 WE USAGE A--O',',T.D A.P.N. ACTUAL USAGE, LIVABLE GARAGE UE Two GARAGE PA no/LNIRY TOTAL 140i.F ART s EXCESS ME i6xi X 77/V 10 x1sIINQ �)�40 C 1 UnL I i I 0z 7,' tw it iir (:-r oTil',j,) FIR CHAP rk L OF Wal's i*(11.'.%41.' GOD z co AA A zz 7 IL(M. W AN. 11F.'ER AM SI -A-1. DEYAM,FRP THE Na trull ER IZ-AUFXS DESICNED TO MZLI 'DR LIJ.D1.1; PAM t At lwF ".10 1 0 MJMPr FWADUN:� VV4jY :AtEL Ci' ',LL RA% I-CE1 5%1&'i, D — 11 U.Mffff BY DIE AMPPI 30 . DIC qLspc2l, %lif cr lilt a.%IRAA 4B. IJRJTES {'FICA TO 1?3q�IEMM cr INC ?.FLP LIRAMS. N ,LkAts. Desm.1t; %iccylll CH IJIAL EL CELT', AM UP Gr MA NWL K A e .43 a I � Recommendations Planning & Zoning Commission forwarded a recommendation to Town Council To APPROVE Installation of a25' tall protective golf net at 16932E. Monterey Drive Staff Recommendation: APPROVE Installation of a 25' tall protective golf net at 16932E. Monterey Drive 16932 E. Monterey SU2017-03 4\ x A. ft �•� ,� ' �. x } itiffititV b� tirI Lir?r6 rye t Lip VVLLL 1F f ZAP V 7 Z� y Lin ` • .y, t j' 6Y. 1 ll�y' t. �Y'N YIY it" jit PLtrr I„ 1 ? , ,+�C j/� '.rx ( /.. °► F 1 `y,4 `e w O n t fit, } /� �..:�rAMJ�rw��(yy���•` Mv 0*1 LAW xS" lis r ryr �'/p tiApproximate to cation of proposed golf ball fence ; —dd OFF Id lF IF y� :I ) 4�I IF IF $, { RlFIF arr y`./ �oon'lil' C.We View from east looking west ,s--- " rq y 1 ,y1. Approximate r P, location ofp proposed golf hall " ;, •� fence It 'IV e� lY At DO Not write in this space —official use only Filing Dated� P-11 Accepted By�p _ Fee Accepted f¢$ • OJ Case Manager WISA flour& The Town of Fountain Hills 04-24-17P12:47 RCVD PLANNING & ZONING DEPARTMENT - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan '& Amendments -Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot splits, lot line ad'us menu) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) 11 Temporary Use Permit (Median Fee, if applicable) Variance Other PROJECT NA LEGAL DESCRIPTION: Plat Name 40313 Block 3 L t PROPERTY ADDRESS: /�y%% M L/✓E 14 7. PARCEL SIZE (Acres)�/.// ASSESSOR PARCEL NUMBER '/p! -/O-/ g NUMBER OF UNITS PROPOSED � TRACTS NA EXISTING ZONING Al- S PROPOSED ZONING W14 A IiMrs. foxea-L 61,0^ G Mrs. .�/y Day Phone -190-f-37- Z57(- Mr. �JA Ms. Address: /7220 j47. N/k07f City: )C NVA446State: 47- zip: C15ZZ" Email: ez Owner V 49 Mrs. Day Phone Mr. Ms. Address: /&f.M /#0"79-W City: F Alc%tate: /44 -zip: _ 8' Ifapplication is being submitted bysomeone other than the owner of property under consideration, the section below >v he completed. SIGNATURE OF OWNER DATE 21 17 AUTHORIZE / rico r m f J an wo re me this day of _ U My Commission wnme Mencopa County Nw, J Knox My Lwrvnaem Evppea 0&]M9t B FILE THIS APPLICATION. 20 11_. APPLICATION BERCEL BUILDERS, INC. 17220 E. Malta Drive Fountain Hills, AZ. 85268 480-837-2596 ROC n 064760-B / Towv Fin. Hills Lic. 4 795 Narrative Report for Special Use Permit / Golf Ball Nettie Owner: Dorothy E. Cremonese Subject Address: 16932 Monterey Drive Fountain Hills, AZ. 85268 Legal Description: Plat 403 B - Block 3 - Lot 7 Parcel # : 176-10-178 Building Contractor: Bercel Builders, Inc. Proposed Use / Golf Ball Netting Structure: I. To provide resistance against destruction of private property by wayward golf balls. 2. SEE ATTACHED PHOTOS. 3. To provide resistance against bodily halm while owners and guests recreate in rear yard at pool and patios. Adverse Impact to Surrounding Properties / None I. Surrounding properties currently have existing golf ball netting structures. 2. Subject Address is a flag lot and proposed golf ball netting structure will be barely visible from surrounding properties. 3. Golf Ball Netting Structure to be developed in accordance with the Town of Fountain Hills guidelines/ordinances and building codes. 4. Golf Ball Netting Color to be (black) per Town of Ftn. Hills. 5. Golf Ball Netting Posts Color (dark green to blend in with existing tree vegetation. Submitted: �n -en, Bercel uilders. Inc. ��,- '.� � - .'. �.: 1'—�;:�.--:" 'ter :-' �'� ` ��,' �. i `\ 1 ,. .?� .. - r�/ .. f 1 �J -/ ..... �-� �..-_.�t. /JJ ` c_ ��- .\. ' � - .. . � y. • r. % � ... .. .. " �� i r .'At 1 4 f \ Jw- 7 z� - ti RED TEEROPOSED GOLF NET ~,133YD ~400 FT Aw", Hole 14 Farb 6Yards HL)CP ti 1 � , i 'hat is AC�tio DEVELOPMENT SERVICES 2015 AERIAL DESERT CANYON G.C. #14 PLAT 403B, BLOCK 3, LOT 7 ADDRESS: 16932 E MONTEREY DR ZONING: R1-35 RUP LOTLINE RIGHT OF WAY CENTERLINE — EASEMENT ABAND. EASEMENT — — — — — — CONTOUR 2ft CONTOUR 10ft FLOODPLAIN SUBJECT HOUSE N WE S 0 30' 60' mm%mm� SCALE: 1" = 60' • AERIAL PHOTO FLIGHT: 10/15 • TOPOGRAPICAL MAP: 9/91 • FEMA FLOOD DELI NIATION:10/13 17 THIS TOPO/AERIAL MAPPING IS SUITABLE FOR GENERAL PLANNING PURPOSES, BUT SHOULD NOT BE USED FOR DESIGN. z "it . k mic-OFT I " GVArJ11C SCALE it 19 4 IN Y -E7 ) 1n;:1. - --Z It VICINrrY MAP 1. - i. 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I p I' A, -rr, 1, Ir LR j t; i F .1 ik%Z!, F_C P 4 A' A. ;W L 1 1- -P.5 1, 't r - :f l:A-L VLLI - J; V E, 1AP.4 '?X CEI -1 RIK, I 5 N u, -R 1 r -f 'W. L711 -5 ' -'t-1'-.L:. C 5. X '. 7r F�11" .1 1 6,-; , r-..-, ..A L Ut F.. - .4a CY 96 to 4p.10 E;: C- WAS�41.r A,d T(W U al -, ydw 00-N 0� Exp,�!xo '..ALI M. W "PFZZ.- Al 4.2.4-1 11(R, SR'j'.T E'; S -'- Z r Ex 1:3w n) LU tm w W LU C, F D'A RA 113% DRAFT TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION May 25, 2017 Chairman Michael Archambault opened the meeting at 6.30 p.m. ROLL CALL: The following Commissioners were present: Chairman Michael Archambault, Vice -Chairman Eugene Mikolajczyk. Comsnissioners: Amberleigh Dabrowski, Susan Dempster, Howie Jones and Roger Owers. Also in attendance were Bob Rodgers, Development Services Director, and Paula Woodward, Executive Assistant and Recorder of the minutes. Commissioner Erik Hansen was absent. Chainnan Michael Archambault requested participation in the Pledge of Allegiance and a moment of silent reflection. CALL TO THE PUBLIC Chairman Archambault asked if there were any requests to speak and the Recorder Paula Woodward answered there were no requests. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE PLANNING AND ZONING COMMISSION MEETING MINUTES DATED Marcia 23, 2017. Vice -Chairman Mikolajczyk MOVED to APPROVE the meeting minutes dated Thursday, March 23, 2017 as written. Commissioner Dabrowski SECONDED and the MOTION CARRIED UNANIMOUSLY 610. AGENDA ITEM #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW A 25 -FOOT TALL GOLF BALL FENCE TO BE INSTALLED AT 16932 E. MONTEREY DRIVE, LOCATED IN THE "R1-35 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT — 35.000 'SQUARE FEET PER DWELLING UNIT" ZONING DISTRICT. CASE # SU2017-03 Chairman Archambault opened the public hearing opened at 6.32 p.m. Mr. Rodgers, Development Services Director, presented a staff report and a PowerPoint presentation, (Copy is on file in the Office of the Town Clerk) on the details of a Special Use Permit request from Burcel Builders, Inc. on behalf of Dorothy Cremonese to allow a protective golf bail net to be installed at 16932 E. Monterey Drive, pursuant to Zoning Ordinance, Section 5.09.A.1. Mr. Rodgers referred to the overhead showing the aerial view of the property location. Mr. Rodgers said that the house is located on the left side of the 14`h fairway of the Desert Canyon Golf Course and is approximately 330' from the nearest tee boxes. He referenced photos of the location showing the approximate location where the protective fence is proposed to be erected. The fence will be about ninety-four feet long, twenty-five feet tall, the netting will be black, and the poles will be dark green. He showed an example picture of what the golf fence would look like. Mr. Rodgers said there appears to be a legitimate hazard as he displayed some pictures showing damage to the house and why the applicants would need to put up the protective fence. Mr. Rodgers concluded that Staff recommends that the Planning and Zoning Commission forward a recon -i nendation to the Town Council to approve the installation of the protective golf fence at 16932 E. Monterey Drive as presented. Chairman Archambault asked if there were any requests to speak from the public and the Recorder Paula Woodward answered there were no more requests. Pagel of4 Chairman Archambault clascid tha Publia Hearing al (:;I_`I p.m. AGENDA ITEM A13 - CC NSIDERAITION OR A PRIC PC 9DD SPE]ICIIAL USE NERM IT 110 ALLOW A 25 -HOOT TALL GO LIR BAIL D ]HENCE TC BD INSTALLED AT 1692121 D. MONTEREY DRIVIE, IIOCATED IN THE "R1-35 SINGLE-HAMILM RESIDENTIAL ZONING DISTRIC A — 35,000 SQUARE BIDET ]HER DWELLING UN 111" ZONING DISTRIC 11. CASH # SU2011-113 C hairman Arahambaull askad if 1he aplpll aani was wilhin 1ha 4 CIO fbel of 11 a golf caursa tea 1 ax. Mr. Rac gers said They ware wal.1 within 11 e ( CIO (;I:I(I'f; fatd of the fbrward-most golf aoursa tau tax or driving rangd as raquirud in tha caning Ord:iriance. C ammissionar 11abrowskl askad whdn was 11 a home 1 Wit. Mr. Modgms reipliad the hams was built in 200:1. Victi-Chaiman MikalajcaNk eisl ad who is lha applicant. Mr. Modgdrs said 1he aplpliaanl was Bdreal Builders on _behalf of 1he home owner.' Disaussion laok placu among 1he eammissiondrs which cariclu ed that tha evkence ;ofl damage la 1he lomei was uxlunsiva and onplaing. the ciommiss anurs agreerd the applicant meals all lho crilaria raquirec in arder la install a golflnat. Chairman Arahambaull askad if thdre warn any mord gtiusti(iris or comments and than ask& far a motion. C ommissiariar Acnes MOVED lei fbrward a recommendation 1 I 1-o Town C ouneil to aplplrove tha Jplaeia] Usti Hdrmit to allow 1he installation of a Of ball fence at 1693:1 East Mod artiN Driuu. C ammissiondr Owurs HE]ICUNDED aric MOTION CARRIED UNANIMOUSLY 610. THE Chairman Arahambaull oplanuc t1 e Publia Haaring a'I 6:39 pl.m. Mr. Rodgars, Devdlopment Services Directar, prestirituc a staff reparl and a PowerPoint presentation, (Copy is on file in 1he Office oft -he Tauri Clark) on 1ha Ondiriairiee 17-06 which addressed Mei lang- 1 Eirmi maiintenancEi of landscaping an lots that 1 ave frontagEi on town streets. Mr. Rlodgensi said 111 El ardinanea addnesisiesi two concerns; Carnmiencial pnoperliesi & REisidEintial pnopeniies. HEI said new (Iorrmereial develaplmient is HOgUirEld to providEi landscapEi and inrigatian plansi as part of thEiin building plEirrrit application. Clnee apprauEicl, they're nequined to insilall the landscaping and make surEl 11 at it survives at least one year. This has generally b EiEiri sitifficient. HawevEir, rEicently siamie commercial propentiEis 1 ave a:learEid thEi landsicaping along t1 Eiir ArEiEi1 frontagesi with no intention of rEipllacEimient. Thisi has gEinEmatecl eoneEmnsi about thEi town's aesil l EitiEi eharacl Eir. Mr. Rlodgars stated C rdinance 1i416 amends SEiction E.19 of t1 E1 Zoning C rdinancEi sa that general maintEinaneEi arid tnimmiing of street-fraril landscaped aneas will still to allowed but it will alsia require than ill osie areas must rEimiair.i landscaped and any siignificarit changEisi midst first bEi permittEicl in a siimilan miarnEir as the oniginal Pap 2 A4 plEirmit. Adcliticinally, 11erEi will no longen bEi a criEi yEiair limit ori the landscaping rEiquirEiment. Simply reimovirlgl the laridscapiri€I alcng thEi road frontagEi will ria longen bei allowed rEigarcllessi of I ow long it hasi been located an the sitEi. N V. lacicl€IEirs said that riEiw bL ildirig permit applications fon I au se comitrucition mLSit contain carr pllate lan&ciapEi and irrigation plains asi pant of thEiir sLImittal. This rEidLirEiment pais aceaisiarially eausEid delaNs because applliearnis didn't provide thosa plaris initially. REisiclEiritial lan6caping can also be vEiry persicmaliaEicl aincl Eiaich neva haLse has different designs, on trEi applicantsi eirEiri't sIre wl-at theiy'll want befcme their housE1 isi actually ljuilt. OlncdnancEi 1A -Cif amEinds SEicticn (.09 of the SL t divisiion 0rdinancE1 sic that raithff tr ar.i requiring a ILL] lanclsciaipEi and irrigation plan with thEi bLildirig peirmit aippllieaition, there'll only ba a rEigL irEiment t1 eit thE1 plari sihow a minimum nL mbEir of plantingsi eilong tr Ei front (1] �I plants) and/or streEii-siCb 11( plarits) cif thEi propenty. The nLmbeir of plair.itingsi will be vEirif ad during trEi final insiplEicticri. V El type and suZEi of tl El plants will I El IEiftl up to tr a homeawr.ier. A Her that, tr EirEi will be tre samEi rEiquiremEiril far a peirmit if thEme is a maicm change, and ziNci the requiremEint far continuous) mairltElrlarlee Cif ArElEll fnarlteelge'i, will still bEl in Effect. '➢hE1 surra as fern the commElrclial propcmtiEis. Mr. RodgEirs aaid the crarigeia will make the review, aplpnoval, acrid thEi Eir.iforeenTEirit al eontirluEid maintenaneE1 mlLell" E12ISiElr fern stafll to manitor WHIEl Still providing t1"EI rE19idE1r1t9 flEixiljilily in thair landscaping desigwi. Mn. Rlodgeis daricluded With -the silaff rEuiommEiridiri€I that the Manning & Zoning Commission forward a reciommendaticn to the ')town (louncil to arppnove Ordinance 17-06 as prEiscntEid. Chairman Archam>jaull askeid iflherei weirei any raquasls to spuak from 1he public and thci Reicordeir Aau.la Waadward answurec thuru were rio miorei roques'Is. Chairman Archambault closeid lhei Public Beaming al (A2 p.mi. AGENDA ITEM #5 - CONSIDERATION OF PROPOSED.' . TEXT AMENDMENTS TO 1104IJ THE CONTINUED MAINTENANCE OF LANDSCAPING WITHIN THE FRONT AND S'DREET SIDE YARD AREAS OF DEVELOPED LOTS. CASE #Z2017-05 Chairman Archambault asked how would this bei reigu:latcid. Mr. Rodgeirs said staff wiciuld einforce and mariitar Ad, ercir.icu 1a thei ordinariau. 'violat:ian of thea arcinancu is a a'ui l offEnse. Cornmissioner Dempstur asked if this was relroact:ve. Mr. Roqleirs said it would riot be appjlicable to any irislances pidor to thea aridinanca approval. Commissioner Dcimplsleir suggested it would bei a gooc idea to inform thci public of thu ahange through news mcidia and crthcm avenucis.' Commiiss:ianer Owars asked whal is itci oommeirciaa prapleirN owncir's rciaoursu. Mn. Rodgers said if 1heN were faLnd to Eci in violation They wouk have to erilher reiplacio what was remiovcid cm design a new plan fhr approval and insla talion. Commass:ianer Dabrawskl askeid how wet ]d unocaupieid ar luaseid communcial propcirti cis comply. Mr. Blodgcros 9a'c ifIa plraperly was rian-aamp:liani 111•a ppioperly mianagerr,enl aampany an propleirtN owncm war ld be aantaclleid. Thu awrieir (landlord' would address it wilh 1he tenant. Page 3 of 4 A fticm 1he Commission 6scuis s:iar.i, Chairrnian A ahambaull aska fkir a mot:ian. VicerCLairman Mikolaiazvb MOVIID 1a fkirward a rocommandalian to Town Cauincil to approves Ordinanaa 11-06, requiring caritinuiaus mainlenanca of ftarit and strciel sides landscaping on prapeiriies in Foumlairi Hills, as prasen4eid Commiss:ianer Dempstor SECONDED and MOTION CARRIED UNANIMOUSLY 6/(I. AGDNTIA ITEM #( - C OM MISSION DISC USSION/PA QUEST I'IORI RESEARCH] TO STAFF]. Rims Mited Ileltin atv nnlatcd cinly jlo j1he jnc!jruiety cf (i� planitig items on a future 4igenrla fon action circ (41) dinectiing sitaff ilo conduni funthi n resieanch and mpornt back to the Con misoion. Nonci AGENDA I1111M All - SUMMARY OF COMMISSION REQUESTS PROM DEVELOPMENT SEMVIC DS DIRECTOR]. Nona AG FINDA ITEM #18 - REPORT F1ROM DEVHUGHMENT SERVICES DIRF CTOR. Nonci AG FINDA ITEM 1;151- ADJOURNMHNT. Cammissioncir Dabrawiskl MOVED 10 adjournthe rredin€I at SECONTJHD and 1he MOTION CARRIED UNANIMOUSLY. FOUNTAIN HEBEI PLANNING & 210NING COMM151SION BY: C ha i rmian Mile Archamt aul l ATTES'll: Paola Woodwarc Exeicu l ivei Assistzlnt CBR'➢IF ]CATION (:57 p.m. anc C ammissioncir Jones I hereby ccirtifiy Thal 1he forcigoin€I minuil cis ane a truce and aorroal cally aft It ei m'inuteis of thci rr.ediri8 cif llit. e Founlain Hills Planning am caning Commissiari held on 1he 2` ilh day aflMay, 21017 in 1he "➢awn C auncil Charriters, 16](15 H. Aveinuci ofl tha Founilains, Founla.iri Hills, AZ 85126f1. 1 further ccirt:ifyi 1hal Vte mecit:iri8 was duly aallad and that a quorum was presont. Paula Waadward, Bxciaullivo Assistant Page 4 of 4 Meeting Date: 6/15/2017 Agenda Type: Regular Staff Contact Information: TOWN OF FOUNTAIN HILLS TOWN COUNCIL Meeting Type: Regular Session Submitting Department: Development Services Bob Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): PUBLIC HEARING to receive comments on ORDINANCE 17-06, proposed TEXT AMENDMENTS to Chapter 5, Section 5.19 of the Zoning Ordinance and Article 6, Section 6,09.13.6 of the Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017-05 CONSIDERATION of ORDINANCE 17-06, proposed TEXT AMENDMENTS to Chapter 5, Section 5.19 of the Zoning Ordinance and Article 6, Section 6.09.B.6 of the Subdivision Ordinance, related to the installation and continued maintenance of landscaping within the front and street side yard areas of developed lots. Case #Z2017-05 Applicant: Applicant Contact Information: Property Location: Development Services Department Town of Fountain Hills Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 2 - Procedures Zoning Ordinance Section 5.19.H - Existing Commercial Landscaping Maintenance Standards Subdivision Ordinance Section 6.09.13 - Low Water Use Landscaping Requirements Staff Summary (background): Ordinance 17-06 is being proposed in order to address the Fong -term maintenance of landscaping on lots that have frontage on town streets. This ordinance seeks to address two concerns. First, regarding commercial properties, and second regarding residential properties. COMMERCIAL: Currently new development is required to provide landscape and irrigation plans as part of their building permit application submittal. Once approved, the applicants are required to install the landscaping and ensure that it survives at least one year. This has generally been sufficient to ensure that commercial properties that front along the town's streets maintain the landscaping along the street. Page 1 of 3 'D(I 6,115,12017 Landscapingi Ou finance However, there have bEen rEceni insllances in "hich some ccmmErcial prcpErlies have cleared the landscaping along their sllreEt frcntages with no iriilention of replaciement. Tris has gEnErated cc ncE rns ll hat the aE stl'etic cha iiacte r c f the town cc uld be negail ivE ly affE cited. If adopted, OrdinancE 17-06 will arriend SEictic n 5.19 cf the Zoning Ordinancie sc tr at general maintE nancE and trimming of streEi-frcnt landscaped arCas will still be allcwed but it will alsc require that those aimas must remain landscaped and any significant changes musil first bE peirmitileid in a similaii manner as the original permit. Additionally, 11hE re will no Ic ngeir be ai c ne y6ar limit c n the landscaping rE quirEirrient. Simply rEirrioving thEi laindsciaping will no longer be allo"eid regardless of hcw long it has bE en Iccaileid on thEi sitEl. RBSI❑BNTIAL: Currently new building permit aipplicallicris fcr houses ccnstrucition most contain ccrripletei IandscapEi and irrigation plans as pairl cf ihEiir building pErmit applicaiicri submitllal. This rEquirEirrient has occasicnally causEcI dEilaiys in ihEi permitting process bEcaLsE applicants did nci provide ihE plans initially. REsideintial landscaping can adsc be very persc neilized wind as such EE ch nevi house will havE different standards and many timEls applicants airEi not sures what they will want beforEi thEi house is built. C rdinance 17-06 will amE nd Seictic n 6.091 cf the Subdivisic ri C rdinancEi so the ll rallhEir than r6quiring ai fc II landscape and irrigaticn plari at thea times cf building permit application submitllail, thEire will only bEi a requirement ilhat the plan sr cw a minimum nurribEir of plantings ailong it EI frc nt 1112 plaints) or strEiet- side 116 plariils; fiiontaigEis of tree propeirly. ThE nurribEr of plantings will be verified during ihE firial inspEcition and a CerlificiatEi cf Cacupancy can then be issued. The llypei aind size cf the plants will bE left up to 11hEi individual hcmEio"nEr's discrEtion. TherEiafileir, the sairriei rEiquirEirrieints for continuous maintenance will be in effect as describEcl aibcvei. Risk Analysis I1opiicris or alilernatives with implications;: Approval cf thElsEl tEixt amEndrrienis will willow stefl to einfcrcE the long term maintenancE of landsciaping areas llhait froni c n thEi tcwn's rcaidways. DEinial will rEiquire that the plain review procEsses fcllow ihEi same i approval procEdures that arE currEintly in plaicE and that landscaping is c my reqs fired tc survives for c rie yE ar. Riscal Impact I1initial and crigc ing ccsis; budget status): Nc nE BL t glet Rleferen ce I1pagE numbEir; : NA Runc ing Sciu rce: NA If Multiple Runts utilized, list here: NA Bu c geteld; if No, attacH Budgelt Ac ju stmed Horm: NA Rlecommenc atior 11s) by Bcard(s) cr Commissiicinjs): HhEi Planning & coning Commission vcied at their May 25, 201'17 regular meeting 110 fcrwaird ai reccmmEindaticn io apprcvei Crdinance 17-.06 as preisEinteid. Staff Recerrimendaticinis): Staff reiccn-irriends than thEi Tcwn Ccuncil approve CrdinancEi 17 -OE es prEseinieid. P; gti 2 oll 3 TC 6/15/2017 Landscaping Ordinance List Attachment(s): 1. Draft Ordinance 17-06 SUGGESTED MOTION (for Council use): Move that the Town Council approve Ordinance 17-06, requiring continuous maintenance of front and street side landscaping on properties in Fountain Hills as presented. Prepared by: Robe gers, Development Services Director 6/1/2017 Director's Approval: Roti fer Rodgers, Development Services Director 6/1/2017 Approved: Grady E. i e , Town Manager 6/5/2017 Page 3 of 3 CRIDINANCE NC. 11-11IE AN ORD; NANCH OF THE 1V AYOR AND C OUNC lU OF `HHB TOWN OF FOUNTAIN HILUS, ARIZONA, 14HLATHD TIO LANDSCAPING RHQUIRHMENTS, AMHNDING -HHB FOUNTAIN HIIIUS ZONING ORDINANCE, BY ADDING A NEVA SHCTION `_I.1SIIJH), HXISTING CIOMMHRC IA U HANDSCAPING MA INTHNANCIH, AND AMHNUING `ffHH FOUNTAIN HILUS 'SUBDIVIISION ORDINANCIH, 9HCTION 6.09(H)((), IJOW WlA 11ER USE UANDSC APING RBQU; RHMHNTS. WHEREAS, the `Ilowr of FcaL r. tain Hills I1the "Tcawn adopteid Ordin air. cci No. 9:1-2121 cin Nov eimbcir 1 fI, 1993, whiel- ac ciptuc tl- ei Zonir €I Ordinance for thea "Hawn of FOIL r tain Hills (thci "21or ing Ordinancei"); ar. d WHEREAS, the MaNcm and 1re Council cif the "Ilown of Fcauritairi Hills 111he "Town C caL r. cil") adopted Ordinarice Na. 96-21SI, wli ich establl isl- ed the Su p c ivision Ordinance fear 111• ei Tlowr. oflHounlain Hills I1the "SLpcivision Ordiriancc"); and WHEREAS, 1he Tcawn Council has determined it is in 11-ei best ir.tercists oflthe `flown to einsure the laresoaaping improvements ir.slalleid according to thea Town's codcis, ordirianccas or 9landares, cir as a condition ofldcveiloprricir.it, are maintained iri substarlially tEci same condition as ap flncived 1: y thea Town; and WHEREAS, thea `Ilowr desires to amend 111-a Zoning Ordir.ianeei to ac c rcquireimcirits for mainlairiing installcic landscaping; and WHEREAS, 1he "Howri ceisires lice amciric the Subdivision Ordiniancea to rciuise Subseicilion 6.QSIIjH;(6) li a add requireimcarils for law water unci laridscaping; aric WHEREAS, in acccmc ancca with the Zoning Ordinance and plL rsuanl to ARIZ. REu. Sna,T. 9-4621.04, pL p lie hearings weire adver7 iseid in tli ci May 3, 2( 11 and May 10, 2017 cic iticaris of 11- ei 71mes of Fountain Hilils; aric WHEREAS, public 1-eiarings were held by the FcaLnilain Hills Planning & 2lcariing Comrriission cari May 21, 2011, and by 1I1-ei Mayor aric Couricil of tlici Town oflFountain Hills on JL rice ]-'1, 2017. NOW, THEREFORE, BE IT OMDAINFID BY THD 1V AYOR AND CIOUNC IU OF THD TIOWN OF FOUNTIA IN HIIIU9 as fblllows: 9HCI11ION 1. 'Ilhe recilals above are 1-ereby incorporated as iflfulIN seit forth 1-eireir.i. 9HCTION 2. 'Hhei Founlain Hills 21oriirg Ordiriancci Chapller 5 (Clcr.ieral Provisicaris), Suction 9.19 (Perf6rmancca Standards), is hereiby amciriced by adding a new Subscacticmi 9.19(H) IjHxisting C ommercial Laric soaping Maintcriance Slandarc s), to reac as follows: 19790fafa.7 H. Exisling Commerciial Landscaping Mainitaniancc Slanidards: Lanic soaping .1cicatad within 1he froml and/or street sic a of thea lot cini any praparly with a oomrriorcial, industrial or mu:lli-family I1five or marc dwalling unills) land- uso cosignation, wNathor davolopead or otherwise, shall da mairilairiod in sLrsilantial oonformanice wilh its oanditian as of Juno 15, 20117. 2. No oomrriorcial, industrial aii multi -family sits landscaping may ba romovac, destrayad, relacatad, or substanilially trimmod without first applying for and roceNing tl-o Aciriing Administrator's administrative approval of a '11owri of FoLntain Hills landscapling parmit. '11he silandards for suoN permits area outlinead in SL bsactiori 6.CfkjC' ij(' of the Fountain Hills Subdivisiani Orc inanoa. SECTION]. Thea Faunilaini Hills Subdivisiari Orc inanoa, A rl iole E (Lanic soaping Staricards;, Seclion 6.09 (JIJow Wader Usa Laricsoaping RacItiremeants), Subsecilion H (Applicailion), para€graph 6, is hereby delated in its ear.iliraly arid rapllaocad with thea following: 6. Any sing] a-famfly ar multi -family (lass thari fiva dwalling units) zanac pjiaperty being c avelcipac shall, as ar.i altaahmenil tci tho building parmit application, provica a lar.icsoaping and irrigation plan for plantings within thea front and/ar street sida areas of ill. a lal. Saic plan shall provida far a comdination of not less 11han :12 lreas avid lar plants within aril fraril }lard, anic a combiniatian of not less 11 an six traces and lar plarits within any streal sida yarc . SEC'flION 4. If any sacatiani, subseolion, sentar.icea, clauso, plNraso ar portiari of this Ordinianca is for any reason Neld to be invalid or Lniconsilituilional by 4a docision of any court of compcalent jL risc iction, sL ch c acisicani shall vial affeal 1he valic ity of the remaining parl ions cif 11, is Ordinar.iae. SEC HION 51. Thea Mayor, 1he Town Maniager, ill a ' lowni Clark and the Town Atiornay are Nareby authorized and dircaatac to axeeule all ccacumanils and tdke all sleps necessary tci carr} au 1 i11 a pli. rplaso and intar.it cif this Ordirianoca. MASSED AND A DO BTED by 4o Maycar and C aL nici I of tha 'Ilowni of Fountain Hills, Arizona, June 151, aft 11. FOR THE TC WN OF FC UNTAIN HILLS: I.linda M. Kavanagh, Mayar REMIBA E D BY: Grac y E. Mil lar, 'Mown Managar ]979Uf1f1.2 A VUSTED TC: Bevalyn .I. Bendar, '11owni Clark ANPROMED AS TO FORM: A nic raw J. McGuire, Town Attarnioy TOWN OF FOUNTAIN HILLS $ ^_ TOWN COUNCIL " ; aQAGENDA ACTION FORM flat is Ax Meeting Date: 6/1512017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Justin T. Weldy (480-816-5133) jweldy@fh.az.gov REQUEST TO COUNCIL (agenda Language): CONSIDERATION of authorizing staff to initiate specific FY2017-18 Capital Improvement Projects. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): At the March 14, 2017 Special Council Session related to Capital Projects, staff was directed to bring all projects back to Council for authorization before initiating the projects. Below is a list of the FY2017-18 Capital Improvement Projects along with a brief description that staff is requesting authorization to initiate. D6047: Miscellaneous Drainage Improvements, Complete drainage improvements to the Shea Overlook and initiate drainage improvements in the Panorama Wash or other areas as deemed necessary. $50,000 E8505: Downtown Lighting Improvements, Modify the Avenue Plaza electrical system and Avenue of the Plaza north and south side electrical outlets so that Holiday Lighting may turn on at dusk and turn off at dawn or via a timer (11:00pm) at the main electrical enclosures. $100,000 F4030: Chiller Installation, Complete the chiller installation at the Physical Plant and integrate the controls into the Energy management System. $50,000 P3030: Plaza Fountainside Courtyard Area Improvements, Procure a landscape architect to provide concepts for approval an initiate first phase of construction which will include improvements to the turf area. $125,000 CIP.$20,000 Other P3033 Video Surveillance Cameras, Staff will identify areas for additional video surveillance and procure/install video surveillance systems. $50,0010 S6015 Fountain Hills Blvd. Widening (Design Concept Report), Procure engineering firm to complete a design concept report which will outline the necessary scope required to widen Fountain Hills Blvd. and provide a cost estimate. $100,000 Page 1 of 2 56059 Wayfinding Signs, Procure a firm to develop wayfinding sign concepts for approval. $100,000 Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $595,000 Budget Reference (page number): Funding Source: Capital Projects Fund If Multiple Funds utilizetl, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Recommendation for approval to authorize Capital Improvement Projects as listed. List Attachment(s): SUGGESTED MOTION Ivor Council use): authorizing staff to initiate specific FY2017-18 Capital Improvement Projects. Page 2 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM \rdu b Ads Meeting Date: 611512017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of participating as a partner in the proposed Fountain Hills Visitor Center to be located next door to the new Chamber of Commerce location on Verde River and Avenue of the Fountains. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: Avenue of the Fountains and Verde River Related Ordinance, Policy or Guiding Principle: 2016 Council Adopted Tourism Strategic Plan Staff Summary (background): For several years the Fountain Hills Chamber of Commerce has operated a visitor center at its office building. Even after the Town assumed responsibility for the tourism function in 2014, the Chamber continued to utilize its visitor center and town staff would stock the visitor center with its own tourism publications. - In September of 2016 Council adopted the first Strategic Tourism Plan for the Town of Fountain Hills. Under Goal 2 there is an action item "Continually support the Visitor Center in an effort to provide a quality experience and additional length of stay." Following Council adoption of the Tourism Strategic Plan, town staff began exploring the possibility of locating a visitor center on other properties near the Town Center, including inside Town Hall. For a variety of reasons, mainly cost and operational challenges, it was determined that these locations were not financially or operationally feasible. Then town staff and Chamber Director Scott Soldat- Valenzuela began to have discussions about a new visitor center after staff learned that the Chamber of Commerce would be relocating its headquarters to the Park Place development on the Avenue of the Fountains. The concept is to have a space next door to the Chamber of Commerce dedicated as a visitor center that would be part of the Chamber with a separate entrance and staffed with volunteers. The advantage of this concept is that the proposed visitor center will be more conveniently located near the attractions, special events, and other activities occurring on the Avenue of the Fountains. Attached is a schematic which illustrates the physical layout of the proposed visitor center. During the tentative budget discussion regarding the requested funding for a new visitor center, the Town Council expressed doubt that the Park Place development would be completed during the next fiscal year. As a result, the Town Council reduced the tentative budget by $30,000 which was earmarked for the proposed visitor center. During the discussion there was no indication that the Town Council didn't approve of the idea of a jointly operated visitor center, but rather about the anticipated completion date of Park Place. Page 1 of 2 After debriefing the Chamber Director about the Council decision on the proposed visitor center, he brought to my attention that in June he will be signing a lease for the new Chamber of Commerce location. If the Town is not onboard with a jointly operated visitor center at this location, the Chamber of Commerce will need to know as it will affect the amount of office space required by the Chamber in the lease agreement. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends that the Town Council approve partnering with the Chamber of Commerce on a jointly operated Fountain Hills Visitor Center next door to the Chamber's new headquarters. List Attachment(s): Proposed Visitor Center Concept SUGGESTED MOTION (for Council use): MOVE TO APPROVE authorizing the Town of Fountain Hills to move forward in partnering with the Chamber of Commerce in a jointly operated Fountain Hills Visitor Center. Prepared by: Director's Approval: Ap rovetl: Grady E. Miller, T ager 9612 117 Page 2 oft Visitor Center ®�� The official Visitor Center will be a place for residents, tourists, winter visitors and any other type of Town guest to find the latest information regarding Fountain Hills events and attractions. The VC will be current with all Town publications, digital access to the Experience Fountain Hills calendar system and any other Town designated resource. Additionally, all tourism related businesses will be encouraged to provide specific items for display. The VC will contain Town designated State of Arizona tourism resources which may include brochures, maps and magazines. Hours of Operation M -F gam - 5pm Saturday (winter) 9am - 1 pm 'Testng weekend hourz may be necessary during the first 12 pears to determine optimal usage. Size/Layout/Signage 500 square feet Exterior sign displaying Visitor Center Glass on east facing side with glass entry doors Staffing Chamber staff and volunteers will be trained to operate the VC. All volunteers will have staff oversight provided by the Chamber and in concert with the Town partnership. Training All applicable Chamber staff and volunteers will participate in VC training to ensure quality of service delivery. Periodic updates from Town tourism staff will also be required. Space Description Visually consistent with the Experience Fountain Hills colors, logos and branding Welcome desk with computer Town poster spaces for special events Digital TV displays (2+) Attractive racks for brochures, maps and magazines (based on Town designation) Bathroom for visitors Storage in cabinets and closet for supplies Seating (based on design) Tracking/Communication Center volunteers will count traffic and encourage visitors to submit their email address and zip code to receive planned communication from Experience Fountain Hills. Look/Feel Modern/contemporary, bright colors, simple design with adequate open space allowing visitors to focus on resources. I 01111111HIll ll 'm m ' A A A y W�+ -ml > Poo pm r -'-"II Q N. VERDE RIVER DRIVE Di affil Lqjcuil `Iquanci 10cdagE1 is to aaala. Al olhan ilems appno�. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 6/15/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of authorizing the Town Manager to execute a Cooperation Agreement which will enable the Town of Fountain Hills to participate in the Urban County CDBG Program administered by Maricopa County. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Maricopa County administers an Urban County Community Development Block Grant Program (CDBG) for cities with less than 50,000 in population which are not eligible to receive CDBG funding directly from the U.S. Department of Housing and Urban Development (HUD). Maricopa County annually receives $2.5 million or more from HUD for this program. Due to the size of Fountain Hills, the town qualifies to participate in this program. It is anticipated that the town will be able to apply for grants to assist with offsetting the costs for the Home Delivered Meal Program, transportation -related options for seniors and disabled residents, and other important human service programs not currently being addressed in the community. There is no record of Fountain Hills ever participating in this program which is unusual as all cities and towns in the region are eligible to receive grant funding for community development projects and human services needs that meet CDBG criteria. In order to officially participate in the Urban County CDBG program, the Town of Fountain Hills is required to execute a Cooperation Agreement with Maricopa County. One of the key benefits of participating in the program is that Maricopa County staff will handle all of the paperwork, filing, and reporting requirements that are typically required of cities over 50,000 which directly receive CDBG grant funds from HUD. Unfortunately, at the time of this staff report, the County Attorney's Office has not completed a draft agreement for the Town of Fountain Hills to review. Based on discussions with staff in the Maricopa County Department of Housing and Community Development, they believe that the Cooperation Agreement will be available to us at the end of the June. Since the Town Council will not be meeting again until the third week in August, it is critical for the town not to miss out on this opportunity as HUD's deadline is June 22; missing this deadline will prevent the Town of Fountain Hills from participating in the program over the next three years. One way to ensure that Fountain Hills does not miss this opportunity is for the Mayor and Council to authorize the Town Manager to execute a Cooperation Agreement with Maricopa County. Attached is an actual agreement approved by the City of EI Mirage in 2011, along with two subsequent amendments, which will likely Page I a2 minor the finalized Fountain Hills Cooperation Agreement. Carl Morgan, the CDBG Project Coordinator with Maricopa County, provided the attached letter to clarify that Maricopa County are responsible for developing and implementing a municipal anti -poverty strategy and housing programs which will not obligate the town. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends that the Town Council authorize the Town Manager to execute a Cooperation Agreement with Maricopa County. List Attachment(s): Letter from Maricopa County CDBG Project Coordinator 2011 EI Mirage Cooperation Agreement and Two Amendments SUGGESTED MOTION per council use): MOVE TO APPROVE authorizing the Town Manager to execute a Cooperation Agreement with Maricopa County that will enable to Town of Fountain Hills to seek and apply for grant funding through the Urban County CDBG Program. prepared by: Director's Approval: Ap roved: Grady E. Miller Manager 6/6/2017 Page 2 oft Maricopa County Human Services Department Housing and Community Development Division May 23, 2017 Grady Miller, Town Manger Sent via email to: Town of Fountain Hills gmiller0fh.az.00v 16705 E. Ave. of the Fountains Fountain Hills, AZ 85268 RE: COOPERATION AGREEMENT FOR THE URBAN COUNTY CDBG PROGRAM — CLARIFICATION OF ITEM 17 Dear Manager Miller, This letter is a follow up to our phone conversation on May 22, 2017, regarding item 17 in the draft Cooperation Agreement that was emailed to you on May 9, 2107. Item 17 describes specific actions to be taken by the Town to comply with HUD requirements for the CDBG program. HUD procedures to comply with the planning and reporting stated in this item have been updated since the wording for this item was initially created. The item 17 subsections are summarized below along with the current HUD and County procedures to comply with each set of requirements, assuming Fountain Hills is participating in the Madcopa County CDBG Program (Urban County). Development of a community development (and housing if appropriate) five year strategy: Development and Implementation of a Municipal Fair Housing Program: The five year strategy and fair housing plan were created by and submitted to HUD by the County with input from Urban County cities and towns. - Fountain Hills would be automatically included in the current five-year strategic plan and fair housing plan. - The plans are regional documents covering the entire Urban County service area. The current HUD planning document requirements no longer require each Urban County city to prepare their own strategic or fair housing plan, or have their own section in the County plans. - The plans can be amended to add strategies not found in the current plans that Urban County cities are using or plan to use. - Fountain Hills would be asked to provide input on any local strategies, priorities, or activities for the 2020-2025 plans when the plans are created, which is expected to begin in 2019. Completion of an annual and five-year performance report: An annual report is created and submitted to HUD by the County. The report includes progress towards five-year goals in the five year strategic plan. The County will request information from the Town on any activities that occurred during the reporting period. Development and Implementation of a Municipal Anti -Poverty Strategy: The anti -poverty strategy is included in the County's five year and annual strategic plans. The Town would not be required to develop their own plan or implement any activities beyond their participation in the planning and reporting activities described above. A copy of the following items that were sent to Urban County cities and towns are attached. - The email to collect a summary of their activities for the most recent annual report. - The form sent to collect their input during the creation of the 2015-2020 five year plan. Human Services Department • 234 N. Central Avenue, 3`d Floor • Phoenix, AZ 85004 Maricopa County Human Services Department Housing and Community Development Division For both the annual report and the 5 year plan, cities only needed to complete the sections where activities occurred / were expected to occur in the city. There is no penalty if either form is not completed and returned. Although a quick email from the city acknowledging receipt of the form and that there was no activity would be requested. The County does not expect the procedures above to change in the foreseeable future, or that Urban County cities will be expected or required to complete an individual plan or report. Please don't hesitate to contact me at morganc002@maii.maricopa.gov or 602-372-1529 it you have any questions or need more information on this letter or the Cooperation Agreement. Sincerely, Cad Morgan Project Coordinator Attachments: August 4, 2016 End of Year Report Email 2015-2020 HUD Consolidated Plan response forth Rachel Milne, Housing and Community Development Assistant Director Human Services Department • 234 N. Central Avenue, 31d Floor • Phoenix, AZ 85004 A COOPERAIIION A G REEMENT BETWEEN 11H E CC U NTYI OF MA RICC RA AND PARIIICIPA111NG MUNICIRALJITY F 0 R A CIC N MUNITY DEVE LOPMEN11 BLC CK GRANT F RGG RAM THIS AGREEMENT is made and entered intc this qday cif 3LLUI , 2011 by and betwleen the County cf Mariccpa, a pclitical sutdivisiciri cf the S11ate cf Arizena, hEireinaftem callEid "Cc unty", and the of IocatEc in thEi Caurity ofl Mariccpa, t eirEiinafiEir called "Mlunicipa%". WITNESSETH Whereas two laws 1'auEi been enactEid, Rublic Law 93-383, 11he housing and Clemmunity DEivelopmEint Aci of 1974, TitlE1 I as amEiricIEic, anc RLblic Law 101-61,25, h C M 8 InvestmEirit FlartnEirship Ac11 at TitlE1 II cel thEi Craristen-Gonaales N atic nal Affordable HCL sirig Act cf '1990, as amiended; hereafter called "the Acis"; and Whereas thEi COL nty, as an "Urban County " as tt at term is used in the Acis, is eligibles to receive fl. ncs under thEi Acis, has final responsibility for selecting Comimunilly Deiveilopmient Block Grant (CDBG) & HOMB InvEistmient FlartnEirships ProE ram (h C M E; aciivitiEis, and is authorizEic lo undeirtake er to assist in Iter uridEidaking of eissEintial comimiunit� development and he using assistancE1 aictivities which stall be ilunded ilromi annL al CDBG and HOME grants frcim ilEidEiral Aiscal YE ars 2012, 2013, 2014 appropriations and from any program incemEi genEiraied ilrom the Eixpeiriditure of sucr ilurids, and Whereas thEi CDBG and h CME rEigulatioris issued pursuant to thEi Acis provide that qualified urban Couniieis must sut mit a Consolidated Plan and Annual Action Rlains F eireiafiler called "Rlari" or "Plans", and Clensolidatec Annual FleirfcrmancEi and 8valuatie n Repc o s (CA ABRs) to I hEi U. SI. ❑eipae orient of Housing anc L rban DeivElopmient (FUCI; far ase oflflunds anc Itat cities and tcwns within the mEiinopclitain areia not qualifying as mietrcpolitan cities may 'oin the Ccs my in said Fllans anc CAPERs and ihEmeby becomEi a partofl a mierEi comiprElteinsivei Unban Ccurity Eiffcrt. NCA THBREACRE, thEi CeLnty anc Municipality agree as fbllcws: elf• is AgrEieiment at all covEir both thEi CDBG and HOME Programs. 1 ConInNeNA0mo UDAORl It I hA 3 V Coq AWVCWpAC-1241:1.M14=0" 11 V irm 2 A,—MeM Rene.x1302-11 21. The period of pETIormance of this AgrEerreent shall be for the lEdeeral Riscal Years 210121, 2013 and 2014, under the plan whW shall commences on the date of HUD approval of thea Coy nty's Annual Action Rlan and nerriain in eflVat until the CDE G and HOME func s and the program income received witf respect to activities carried out during thea thrEeee-year qualification period and any sL ccessivee qualification period, if applicable, are expEendEd and tree fL nded activities completed. SL bject to renewal in Raragraph 3, this Agreement shall reerriairi in effect c ntil Eeithem func s area O peenclEd, or the funded activitiEes are complEeteed, or 3 years, whichever occIL rs firsi. 3. The AgreernEnt may be automatically nenEwed for participation in suciceessive threes -year qualification peliiods, unless tr ee Coy my or the M L nicipality providers written notice it elects not io participates in a new qualification period. The County st all noiifyj tt e M L nicipality in writing of the Municipality's right to rr ake suct an elEeation by thea date spEeaifieed in HU11's Urban County Qualificaticn Nctice, re EafilEer callEed 'cue dates", ion tree next qualification pEeriod. Railure by eithEir party is adc pt an arrieenc merit to the PgreEerrient incorporating all chairigEes necessary tc meet thea requirements icn ciocperation agreeEerrients sei forth in thea Urban Cc unty Qualification Notice applicablEe for a subsEequent threee-year urban ccunty qt, alificatic n peric d anc io submit the amEendmEent tc H U❑ by the dues date, stall void the autorriatic renewal of suah qualification period. 4. Thee Couniy and ih ee Municipality agrees tc coc pEuiaiee to uridEeriake, or assist in urideeriaking, ccrrirr unity) renewal and loweii incomes housing assistance aciivitiEes. 5. The Ccurit} and the Municipality will take all acticris nECEessary to assc re compliances with thea COLnty's cEeriification required by %lecticn 1C14 (b) cf Title I cf if• ee He L sine and Cc rrrriunity DEevelc pmeeni Act of 1974, as arrieended, including, llitlee VI of the Civil Rights Act of 1964, thea Fair Housing Act, Secticn 1019 of Titles I of ihEe Hosing and Community Developmeent Act cf 1974, as amEendEec, Section 504 cif the Flebabilitation Aci of '19713, as arrended; the AmEericans with DisabilitiEes Pat of 1990 and othEer applicable e laws. 6. The COL my anc th ei Municipality reeccgnizee thea prohibition of urban cc unty Winding for aciivitiEs or in support of the Municipality that do not affirmatively Wirt h er fair h OL sing within the M uniaipality's ciw n jurisdictic n or that irripe le the County's actions io comply with its fair hciL sing certification. 1. The County and the Municipality reeacgnize that pursuant is 24 CRR 570.501 11b), the Municipality is st, bjeci to the sarrie nequiremEinis applicable tc subreecipieents, inch ding the rEequiremEint c f a w ritlEen agreeemEeni sect forth in 214 CRR 5lr 0.503. 8. The County and th ee Municipality recognizes than the Cc unty is the gcvernmeental Eentity required tci execute any grant agreeemeeni reeaeeivEed pursuant tc its Rlan, and that the CCLnty shall thereby becc:M legally liablE and reesponsiblEe thEeneundEer for ih ee proper pEric m anae of the Plan and prc grarri. FurthEer, the Municipality agreEs io hold the Cc unty harmless from any loss, damages c r liability that rr ay arise out of the performance or failures to carry out thEe requirements of this 1 ,G—mDWft.IHUD J p,� a 71,ea v l0,,,4,1 }I, it«p,, _ Z q.,31i12XO-27 „ 1, Ir loop.q— nl A enen0 Sat.,, 2 pnogram wherE the Municipality ha,i beein given reispcinsibility oven any aispect Cf the prcguaim by the County. 9. The Cciunty and the Municipality agree that a fully eixeClLtEd arriendmeni cr a meindme nis tc thi,i Agreemeini shall be Entered intci cinly as reqs ireic for It e pLrpcse cf ccniiplying with any guant agreement receiivec or regulaticns issued pIL rsuant tc the Acis. Cl. The Cciunty and ih ei N unicipality will not ierminaitei or withdraw frcim ih ei Agueemeint whiles ii remains in eifieci. Thea Cciunty anc Municipality agrEee Rei terms, conditions, and obligations of this egreeirrieint are einfcinceablei and shall remain in effect c ntil such time as this Agreement is nct renewed pursuaini tc Pauagnaph 3. ' 1. This Agree rrieint is subjecrt tot th ei provisions cf A.R.S. § 38-511. 12. Tc assist the Cciunty in performing its fL nctic ris under ih a Acis, there stall bei a Ccirrimunity Develc pmeirit Ac visciry Commitlele, h ere afiler called "CDAC", acihorized bythe Ccicnty Eioarc of cuperviscrs ccinsisting ci representatives from the County districts acrid Cciopeiraiting municipalities. CDAC's reiccirrimendations shall be acvisciryl and shall not bine ihei CCL nty. 13. The Coiurity Agrees tc includes the MIL niaipality in its Plans undeu the Acts. 14. The participating N unicipalityj L nderstanc s that ii: a. may reiceivei a formula a Ilcicatic n undeui the HC N E Prcg ram tinny through th ei CCS nty. Thus, even if th ei Cciunty does ncit receiivei a HC ME forms la allocatioin, thea Nunicipality canncit forma HCNE ccinscriium wish eitheir Icical gcvernmeints and shall noit pariicipatei in a HCME ccinsciriium exceptihrcIgh thea COL nty. t. may not apply fcin grants irom appropriations under it a Small Cities or States CDBG Fnograrris for fiscal years c uning thea pericid in whish it participates in the CCII nty's CDBG F uoiguam. '19. The MIL niaipality has adopted and is Enforcing: a. ai policy prcihititing the USE Cf excessive force ty law Enforcen'ient agencies within its jL risdicticin against any individuals engaged in non-violent ci%it eights demciristraticins; and b. a pclicy of enibrcing applicable States and local laws against physically barring Entrance to cr eixit frcirri a facility on Icicaiticiri whish is the subject of such non-vicleint civil rights deimonstratic ns within 1L risdictions. ■ Ca [ e.NRm G I prim 1 3Y, 0 rop AO,,MIY1 Gd p Ag— 2019,13-14\2009-2( 11 }II. ewp 04— N 84— 13-07A I a 16. The Municipality agii that it shall bei incluced in the Plan thEi CCLnty makers is FUD icir Tlliilei I Hosing, and CDEIG and HOME funds, and that thEi pcpulaticri of thea Municipality shall bei Liilized along will- ihei popLlaticn cf ctter rnLniciipalitiEis and tt ei uriincicrporated arEias cf ilei County tc qualify the Cc unty at thEi pepL lar ie n level nece ssaryi o be an L rban C c urityj as defined unc e r thEi Acts. 17. The Municipality agreiE s to undE rW a ciertain actions as deiermineid by thea Ceuntyl to carry out a ccrrirriuniiy deveilcprrient prcgram and the approved Consolidated Flan and/or tc meet ctheir reqLireirrients cf itei CEBC/F-CMB Flnograrris and othE r applicable laws. These acitions include bL i ane not limited to: a. DEvelcpn ini of a ciommunity development (arid hcusing, if apprcpniatei) fiVEl- yeiar siratei%j in a format and by such deadlines as eistablishec by the Cc L my tc bei used in the L rbari C runty and Mariciopa F C M EI Consortium Filaris as apprcpriatEi. t. CcmplEtion cf a perfcnmance report on an annual and fivEi-yean basis in a fc rrriat and by suct c eadlines as c ete rmined t y tF e Cc L my io be L seid in tr ei F UD re quired CAPER. c. Clevelcprrient and Irriplerrientation of a Municipal Anti-Pc%erty Sltraiegy. d. ClevElepnient and Irriplerrientation cf a Municipal Fair He using Prcgram. 18. The Municipality agreeis it shall ccoperate %Hitt the CcunN in all eifferts hEneundeir and lfat ii stall assist in doing any and all things required and approFlriatE to ccrriFlly with the pnc%isicns cf any grant agrEerrient received by the Ccunty pLrsuaril tc the Acts anc regulations in canryling out CDEIG and F -CMB prcgrams and the approved Cc nsc liciateid Fllan, as well as ctter applicable StatE and Iccal laws. FurthE rrriorE , the ML niciipality agrees to be narriec as the be rieficiary of tt e clEied of trust fen all multi -family rEirilal F -CMB fLndEid activities %Oin its jurisdiction. 19. Tr ei unde nsigned Municipality here t y authc rizeis Maricopa Couniy to act on its behalf and io rriedifj and amend this Ccopeiration AgnE emeni in any way reqs irEd in orc er to comply with feideral statutEi c r nEigulaticn. 20. 1rTin'iigratio n law and regulaiiens certifications — The President's EXecliivEI OrdE r 13465 cf m u ne E, 2048 and Arizc na ReivisE d Statutes ijA. R. S .) Seci is ri 41-44 41, requires all gc%eirnrrient entitieis is ensure ifat Each governmeint entity, contractor and sL bcc ntracten it conducts bL siness with ccmpliE s with federal irrimigraticn laws and negt.lations that relate to their eimployees and A.R.S. Sleclicn 23-214, Slubsectien A. All gevErnni Entities, vendors, centracftcrs and sL bcc ntracte rs MUST cEiriify L se cf l t a &Ve riifyj SylsiWrn eistablisf ed by the Cie partmeint of Fc:meland SEciurity. 'I+Cwn MIo Ut AgMI I r r Co, Apm1 W11,Cwp N r 2112•).114%2=2111 i =I A2r*MW Rm 111"7.11 4 211. The undersigned Municipality uride rsiands that: a. If any provision or portion of a provision of this Agreement is determineid toi tei irnalid or unenfcnaeablei, it shall be deerrieid cmiitiled and the remaining provisions of this Agreierrieini shall r6miain in ft II ibice aind efflaict. b. Exaept Mere Fedeirel statutes apply, this Agreieirrieint is goveirneid by and construed in accordance with the lavas cf l tr ei Si ate of Ariacna. c. This AgreErr eint constitutes the einiirei agreement betmleen thea partieis with respect tci the subjeict rratleir hereof, and all pnior aigreemEiriis, representations, statements and uri&daikings airc hUeby Expressly cancelled. (Reim aindeir oft thisi page blank.; 11Cwnn NOMMeW Uipre-tf131t Cd 0AO,n Ik Cmp Adorer 1212.13 U12M 20111Yeap I yr -NF -1307-11 5 IN WITNESS WHEREOF, tre �rritieo have caused the Cooperaiiion Agreement to be executed this '`day of Iu.l , Ae 0 . CITY C F9 ELM IFiIIAGIE By: a.,,, Mayor Al TIEST: By: Clerk of the Municipality COUNTY CIF MA RI COPA BY: Chairman Board c fl Su pe raisioirs erk cif the Sciarc os.2/1 The perms ant provisions of 11Hisi Aclrearne nil are flully authorized ander Sta tle a nc loca] law and prcivide the County witlH the aiutherity 110 uncertake and asisistl in uncertakingl essential community cevelcipmentanc housing assiistanceiaictlivitiesi. APPROVED ASI TCI FORMA: CITY C F EL M IRAGIB B 4fto"Orney for Municippa�lityj T 1Co+ut D..'.4 �� W L 1 A �rmri0. 1 IYr Coop ApvN IYt Gol D AG'^KK Mt2-1; 711I00q 7011 3' Iraq Api..r�n 1 er M 130] -Il MARICOPA CC UNTY Deputy County Atioirney C CNTRAC T r G. C-22-1 11 4164 1419 I An lendment 1 AMENDMENT 10 THH a INTERGOVERNMENTALAGREEWNTFCIR SERIVICES BHTWEENMARICOPA COUNTY ADAEN STERED BY PI'S HUMAN SERVICES DIEPARTMENTI CpUis AND THE CM I OR El MIRAGE I. The purpgse of IAn endment ISI 1 is to: A . Renew the agreement pursuant tc I the automatic ren elwal clause in Pamgrapt 3 for an at ditiona three years lbderal lfwal Years ;1015, 2111 C. 2017. B. Pursuant 1 o HUD Directive CPD Natioe 14-07 issued A pril 2% 2014: 1. Subs h to the fbllawiag langu* in pare graph 1 cif the Agreement: This agreement come us i the CD1B6 EdUdemerlt prugran , the BEA E I,clve ., tment Fhrbwxship (HOS aaa EmergencylSolutlans Gnmbi (ESG, FhWvm a. Amend! I the agreement adding the fol owing language: The i Muniapalityl agree a i the t it may not mh trade, or otherwise hBnsfer aL or any I portion of such femds to another such metwpoBtar, I cAfyj urban cormty, ►mit ofgeneral local gc vernment or Indian tribe, or insular areai th, t directly or indirechyreceivelsl CLBG Am& A exchange for aryl other fiords, credits or non Federal conskersidam, buil must we scich fur, &I A r ach vibes eliglh; i I under title )lathe Act II. The foregcoa paragraphs contain alI the changes made) ty this Amendment. Al tither term.) and condition, of the original Egmement remain the same) and in fulll force) and affix It IN WITNESIS THERBC F, the I atti acs have signed thif agrgemW: AI PROVED BY: APIIRCIVEDBY: CTI Y CIF ffiJ MDtAGE Land Mc1a ll Mayor Dane: {0 1 Atte ted Tce ` . Clity/Tc wrl Clerk MARK CIPA CCfUNT11 Dent q Barney Chairman, Hoard of rs E atd: L N 25 2014 Maricoga Cbmay Cleail ailtha Hoard IN-.ACCI(D m.xE wrrt, AR.S.; 11-9:12 AND 11-2511, THIS AMENDMENT HAS IEEN RBVIHWEVI BN THE UNDERSKHMI ATTORNE M wHO HAVE DEmRmmD THAT TRW AMENDMENT IS IN PROPER FORM ANT WITHIN THE AOWER AND AUTHORTTY GRANTEE UNDER Tim LAws OA THH s fi rm OF ARizcNA. APPROVED AS TO FCIRM: HY4eAttyy for d el C'tylTown IIa1e: --� APPRCIVED AS 110 FORAC Maricopla County DeFluty Cmmty Attomay Date: CONTRAC`D N O. C -221 -11 -064 -3 -CII AMENDIMBNT Na. 2 TC 'IIHB C OC PIERATIVH AGRHBMENT HHTWB HN MARIC ORA CC L: Nn A DIMIN l5 THREI7 BY l TS HUMAN � HRVIC HS DiEFRATMENT A ND THE CITY CF EL MIRA GE Amenc merit J L Mar:cop a County ("County") by1 and through the Mair clopa County Humar Sarviclas Dlcip irtmant and tl e City of IE Miraiga ("City") entered into a non-finainc fail three (3; Nciar Coop anitivcl A grciemer. t ("Agrearnant") an or al_ out July 8, 'ICI: 1. Thci Agi earri ant ciffcicltive c ata xuas July l,30121 tl rougL Jura '10, 2(115. T1 e p urpose of tha Agi eclment wars t o cls tat li sh the] C ity's (lar t r. ued p irf aipaif on :in U. S. Diclp artmclnt of Housing and t rbain Dauledoprrlent's (HUB) C amrrivnity Diclvcllopm(lr. i Block Grant IICI;IBIC), HCME Invclstrr elnt Partnclrsl ip s Progi am (HOME), Emclrgcncyl Solutions Grant (ESG; and athclr HLIDI related programs. the Pairticls (imicluted Amendment No. 1 to thcl Agreclment or or aboull juilN 18, 2CI14 to ranch thcl Agrelclmcnt for an additional tNrac (31) yclars. The telrm of da Amclndment is LIN 1, 2CH _` to )unci 3(1, 'ICL fl. Thcl County and tl a City maty l: el refclrnic to individually] as "Pau ty" or clollecltl-mealy cls "Plarticls." II. Thcl Parties wsL to amelnd thcl Agieelment cis follows: A. Ranclw del Agieelmant pursuant to the aiutomaitic jenewail clause in Paragraph 21 for an ac ditiar. al lhrclel yelairs Fedarail Fisaa] Yeiars 2(118, Z'IC1151, arc 2(120. B. Pursuant to HLDI Commun ty Plainrir.g and Develapmclnt Notice CIIDI-fl-021 :issulec Apri 10, 2(117: 1. Delcila cine substittlle the rafarencia of "CDIIG 6v6 HCME" tlioughaut lha Agl cielment air. d substitui t a w)h th a fall ow.'r. g lar gupga: "CDIBG, HC ME, and ESG" I Bahia painigraiph 5 :in its cir tirety air c substittia with the fallowing: Iha County and the Mumiciipaliq w6l] tokla all aalions necassary to assure) aomplfaincie wilh the Cauntyj's aartificalion raquirad by Sciat:icir 1C14 (b) of Title] I of the Housing gird Community Development Acit of 11974, as aimended, regarding Title V] of the Civil Riglhls Ao1 of 119641, the Bait Housing Act, and afffrrriaitivelyl furthar fa:ij hous:ingl. 'I he Pau licis will also con ply w6th 9ectior 110SI of 'I:itlei I of tha Housing) gird Comrriunityl Dlciue;lopment Aal of 115174, as amended, valllich incorporates Section 9(14 of 111a Rallaibililatilon Acit of 115173, as amended gird the Age Discrimination Acit of 11975, as wall cis, t1• e Americans with Disabil:itias Act of 1990 and all other applicable laws. 3. Dlcilete paragraph 14 :in its cir. tii ety air c substitul l ci with the fall owing: 1141. The partic:ipolingl Municipality ur derstor ds that i1: a. May rat apply for glrants froin appropriations under the State CDIBG Bragroms for fiscall Nears during) thcl period in which :it partilcipates :in the County's CDBG Plrograrr. 11 CONTRACT NO. C-32-17 0( 4-3-11 I A menidmer it ',I b. May rccie:ive a formula alloaaation uinclar the HOME Froglam only lhraugh the County. Thus, even if the County doeis not receive a HOMB formula allocation, thea Municipality oannot fermi a HOMH ciansortilum with alher lolls] gowirnrrienls and shall not pvrtiaipate a HC ME comsat tium exaapl lhraugh the County. c. May receaivca a formulae aillocatilon under the BSG Prograim only lhraugh the County. Ill. Dedcn a poi agilay l- 14 in it s cintirc ty sand su l_ s f til ei thea fci1 oW.ng langyagcr. The County) and Muniaipalaity agree shat the terms, conditions and obligations of this Agreement are enforceable and shall remain lin effeal until such times as tici Agreemeanl is not renewed pursuant 10 Paragraphs 21 and 3. Notwithstanding the foregoing, it any aulion is taken by any fedarad agency ar :insatrumcmtaalfty to smipemd, degrease or termiinate its fiscal obligation affeiating thea ciapaaity of the Parlicis to aantinue this Agmement, thea Patties may amcmd, suspcand, decrease ar wrminate :its obl:iglations under or in ciao nect:ian with this Agreemcmll. IV. This Amcncirrenl rraN Ea emecuteid *r rr.ultplci couirlcirfarls, ciach afwElch shall be deieimEad to l:e ar. original 1_ut all of wHich shed] conslitutea ones ar.c tha sauna aigileeamant. This Air endmear.t m -,y be e:a e:cutad bbl fticsimi e: or alectror ici (j.pdf) sigrlaturea arc a faicisimilca ar c lactionic IJ.f c fl sigrlaturci s H all ciansf tull a ar origin -al for -d] y urposeas. V. TEu fareigo:ir.g yaragraphs eor lain all tEa chaingas mace by tEls Ameir.dmejnt. All cithear terms and car dit ar. s cif thea or:gimil A gilaurr. en 1 reamai r. thea samca ar c it full fai ca -,ir c effect as approueid and arrienc ad. IN WITNESS TAFRDC F, rhea P,,u f as hauu sigrleac 9his agrcaemer.1: APPRC VE11 BY: C ITY OF Ell MIRA C H Bar. a Mook Mapar Dal e: Alteasleac To: City Clark APPROVED BY: MA RIC CPA COUNTII Dear r.iy flairrial Chairman, Heard of Supearvisors Dat ca: A Iteastcad To: Mai icopaa C aunty C larll of tha Board Thea tarns and provisiar.s of tHis Agreaerr ar 1 as aimear cec area fLll.'y outhoriaad under Staitca and lacal law ane prouida thea C aunty w1111i th a aulhor:t5 iia uir cerIA a or assist in tha unci art-akirg of assear fa] corrimu r. ity rear uwa] and lawaer :incom ea housing assistaincea ac t vit ens. 3 CONTRAM NCI. C-22-1 1-06z --'I-Oa APPROVED AS TO FORM: BY: AttarneM fbr th e City APPROVED D AS TO BORM: BY: Maricopai C aunty Deputy C ounty AttarneiM Daiter. baiter. Ammck ert,I Meeting Date: 6115I2417 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Staff Contact Information: Grayly E. Miller, Town Manager Meeting Type: Regular Session Submitting Department: Administration REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of an agreement with RURAL/METRO FIRE DEPT., INC., to provide fire protection and emergency medical services for the Town of Fountain Hills. Applicant: NIA Applicant Contact Information: NIA. Owner: NIA Owner Contact Information: NIA Property Location: NIA Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Rural Metro has been providing fire protection and emergency medical services to Fountain Hills since before the town's incorporation in 1989. After the Fountain Hills Fire District was dissolved in 2001, the Town of Fountain Hills took over responsibility for fire protection and emergency medical services and continued contracting with. Rural Metro. Unlike a number of other communities that contract services with Rural Metro, Fountain Hills has a unique arrangement with Rural Metro. What is different is that the Town of Fountain Hills has invested in owning and operating two fire stations, fire trucks, vehicles, communications equipment, and other related equipment while Rural Metro has provided the staffing, liability insurance, and other services tied to the operations of a full service fire department. Under the current services agreement, Rural Metro had a three percent annual increase built in to cover increased cost of services. The current agreement with Rural Metro will expire on June 30, 2018. However, due to concerns about the town's finances, it was important to begin the negotiations a year in advance in order to anticipate the future cost of services for this critical community need. The Town Attorney and I met with Ted Beam of Rural Metro over the course of the last three months and completed a new agreement that will be effective on July 1, 2017. Based on the new agreement, the fire protection and emergency medical services will continue to be maintained at existing levels for a term of five years. The agreement may be extended by two additional two year terms. The cost for the first year of the contract is $3,508,053, a 3 percent increase over the cost of services in FY 2018-17. This is the same cost that the Town of Fountain Hills would have paid under the existing contract. Staff is recommending Council approval of the proposed fire protection and emergency medical services agreement with Rural Metro. Risk Analysis (options or alternatives with implications): NIA Page 1 of 2 Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of the agreement with Rural Metro Fire Department, Inc. List Attachment(s): Fire Protection and Emergency Medical Services Agreement with Rural Metro Fire Department, Inc. SUGGESTED MOTION (for council use): MOVE TO APPROVE the agreement with Rural Metro Fire Department, Inc., to provide fire protection and emergency medical services to the Town of Fountain Hills. Prepared by Director's Approval: AP roved: Grady t. Miller, io lager 6/5/2017 Page 2 &2 FM PROTECTION AND EMERGENCY SE Rv ICES A GREDMENT BB TWEEN 'DHE TO WN OF ]MOUNTAIN HILLS, AN ARIZIO NA MUNICIPAL Ca RPO RAITIO N AND RURAL/M]I'TRC FIREI D]INT., INC.., AN ARIZC NA CORPORAIITIC N 294(1379.2 TA.BIJE OF C ONTHN'HS Articile I General Rmpans:itililiesi, Cbllgeiticnsi and Dutieis of RuraWatro Fire Dlepartmant Articile II Tarin, Tarmination and C ansk emation Articile III Mine SlalJoris, Maintenance and Expenses Art:icile I`1 Mine Apparatils and Hquipmenl Ownership, Maintenance and Raplaaamcnt Requiremc nt,i Art:icile `1 Conf dentialilly Articile `1l Mutual Aid, Insurances am Indemriificiations Articile Vlll Miscellancious 2946379.2 Appendix A Arimary Serv:icie Areia Appendix B Incident Responses Appendix C Fine Code Appendix D Standards for 11i alining Appendix E Manpower Appendix F Reicquired Raportsi AppendiN G Rasponse Times Appendix H Majar Defaults Appendix I In:ilial Vlehiclas and Equipmant U FIRE PIROTEC TION SERVICDS AGREEMENT THIS AGREEMENT is madca aric canleneid unto June 30, 2017, by and betwecan 1he Towne of Hcuntain Hills, ari Arizona municipal corporation (the "flown") and RuraUM(itro Fire Dept., Incl., ain Arizona corporal ion 11"Rural/Mal ro"), and shall bra effecitivca as of JulN 1, 2017 (1Ihei " Bffecith ea Datei"). RECITAIIS, A. 'Ilhe Town is a miunic flal ciorponation ctrcaatod and existing under the laws ofIthca Stale of Ar.'zona. FI. The Town desines to providea fov fire protcactt:ion anc redaled firei seiniiceis wil1in ills ctorporatca l:imiiils and limillad adjaacanl areias thcareto lJlhe "Primary Scinicei Arcia";, as more part:ictularaN dapicited on Appendix A atlacihed hercito and inciorporalleid heivin by reiferencie. C. The Town also desires to providca emieiiigenciN medical sarvicias within thea Ilrimary Servicie Arcia. D. Rural/Metro :is in 1ha busincass of filrnisf ing farei protraction services, as vueal:l as mnerg ancy mied:icia:l sarviaeas. B. RuratlMalro desires to provide to 11a Town with frca protecilion and eamergeancy miadicial selrvlcels. F. The Town desircas to canlen into an agrcaarn ant wilt Rura:I/Malro wheneitN Rural/Meitro wild provide 1he ciommunity willh finei and eamergcanay relateid seirvicias to bei undcarlakcan :in acctordancca with the responsibi:liticis sat forth :in this Agrcaeamcanl. A C REDMDNT: NOW THEREFORE, in consideration of 1I1ei mutual undertakings and promiseis container herein, and ollteir good and valuab:lca aonsidcarat:ion, ttei rcacte:ipl and suffacticanay oflwh:iah is heretN aaknow:leidged, thea parties agree as follows: AR71CILIIE 11 CBNBRAL1 RBSFICNSIBILITIBS, CBLICA'11110NS AND DUTIES OF RURALII/MBTRC 1.1 Fire and Brnengencty Relatead Activit:ieas. In thea Fbimary Servicta Area, Rural/Mctlo and its personnel shall be lraincac and equipped to pearfarmi, and shall use its rcaascanablca bes-1 efforts to pearfarmi thea fallowing fines and emergency nedatad actlivillies (iaeftarrad to hwe:in as 1I t a "Sari iccas : 2946379.2 1 A. Fires Suppreiss:icin. Fire suppression aciliv:ilies re:laiting to slructLlreis aind buiadings cif whwleiver kind, brush fines, 1Iraist frees, or any oltar kind of fire of whalever naturei. H. Hazardous Materials. PraNiding firsl responder response tai Hazardaus Mwlen-ials incidents, inc:ILiding but not limiteic to ahlorine leaks, IJPG leaks, peisticiide leaks, highway acaidents willt unknown haaairdous mal eria]s :involved, ellci. Rural/Mellrci shall hava the right to seek raimbursemant from property owrieirs far lha cost 11a rep l ace c i sllasat l e wind c urablci aquipm eint used lo rn l igal e a hazardous m atarial s inaident. C. Advanced L:ifei Support. Advanced life support to all eimardancy medical raquasts or :incideinls. All full -gime peirscnned reisflcnding to an eimeirgeney med:ica:l requesil or incident shall t ei at minimum ofl Stale cer ifiec Emergency Medica] Technicians Has:ic. D. Related Services. Respond to and usei its reasonable best effor s to perfUrm ail] emeirgenci I and non-emeirgenay sarvicas set forth in Appendix H. E. Code Campl:ianca Inspacilions. Fire prevenlion activities :includ:irid code compliance inspection aciliv:ilies lei existing occLpanc:ieis, cis adopted by thei Town as sel for t in A ppeindix C . F. Plan Review. Ccnuict:ing mastar plan review funalion as racluired by the Illawn. Upari inquest ofl 1Iha Fire Ch:ieif or Town Manager, Rural/Metro will prov:ic ei additional plan ravieiw assislanae as needeid, at no ac c it:icnal cost to the Town. G. Fire Prevent:ian Programi. Crawling and implamenting ei community-widei firei prevarition eiducalion program to inclucei public education activiticis to ttei residcrits cifl the aammunily. Public education acitivit:ieis shall al a minim Lim include, but not be l:imiteid lo: fire prevent:ian we& activit:ias, jun:icir fire seittar programa, prov:icing CP%Aulomalled Exilarnal Dafibrillatar ll"AHD") ceirlificwlion courses to residents, and providing Elm and Rife Safely Eduaat:ian to a:ll schools serving thci 'Dawn area. H. New Clonstruetion Inspections. Conducting inspections of neiva aonstruct:ian as required b} thci'Dawn cifla:ll new fira protect:iciri sysilams, including, but not l:imillad to sprinklaii syslems, alarm systems, arta. Rural/Matro shale be responsible for assuring ala fire protect:icn Cer ifiaate of OcaLpancy reiquirerriemis are mel prior to Rural/Mellrci signing off on the Cer ifiaate of Oacupanay. I. Firei Safety 14aviews. Making firei safely rev:ievas available to lhei 'flawn residents such as is customarily offeree by F:irei Deparlmeirits. 946119A J. Code Hnfarclerriant. Enforaing the Flim Coda and olheirl fina related cr6nanclas as sat forth 1 y tha State of Arizona and/or the Town. IQ. Arson lnvasli alion. Herforming arson :invasiligation Eiupport and assi,,Rancle in cooparat:icin with the Mariaopa County 9hemiff's Offica. L. AHII Inspeicilions. Plcirfarming rclaular inspact:icin of all AEDI dciviccis known to ba installcc in publ:icl spaaeis, tusinasses, and vahiclles of the Town. M. Car Seal Plrogrami. Crnealing and imp:lamanling a Cerified Car Seart lnsla:llation Tochniclian program, willh one cerifiu wahniaian ass:ignod to eaah sh:ifll. 1.2 Training. A. MinirriumArain:ing 9landarlds. Rural/Metro shall be raquired to maintain da:ining laveils clonsisllant with ncclognizad standards of the Fira Dlepartmants within Arizona, as amended fforri lima to time, and with lilei recommendations sat fbrh by the Mitional Fl:ira Brotaat:icin Assoe:iatIon, as amanded ffami lima to Aima, as defined :in Appandix D. Whera a clonfliclt cNiisls beitwecin the above two awl 1 ari t:i as, the most str7 ngant raquinam ents w:i l l apply. B. In-Seirviaei 1lrainin. Rllna.l/lMatr0 shall provide all in-servicla iraining necessary to thea perforrrianca of 1I his A laraemant. RuraLlMetro shall prcivide a minimum ofl240 hours of 1ra:ining to each of the full -times firefighters 1Ihat are not an approvod extanded :Iciave :like disability, mllitaryl, HMLA, o1c. 1lrainin 1 levels a1 all timies wi1:I mciet or exacieid NHHA 1441 standarc s. All policiN and proccidurei manuals used in ciannaction with this training shall ba available to tha Town, for its inspecll ion and ravi ew and sha:I l ba updall cid on a ragul ar basi s. C. Minimumi Certifiaat:ion. All slift-qualificid firefiEfters shall hold at a min:1mium, tha lntarr atiarlal Fira Sarviaa A ccrac ital ion C ongrass ("1FSA C "; Firefij]Her 11 laved ofl cerificlation and Arliaorla HmergenciN Madical 'Dachnlaiarl Basta ccrifclation. Rura:I IMcitro may, when a vaclanay oaclurs, hire a Hirefighter from anothar stale who has achimad IH9AC Hirefighter 11 and Hmergcmay Mediaal Teahniaian Ilnan-Ari2iarla) acirtifwation. Thai inc ividua:I must, within one ill,' year of hinci data, reel tha A riaona Hmerganay Madiaal 1lachn:iclian Basic cler ifiaaticin requIramcnl s. l?I Communicalions Coverage. Rural/Metra shall (A; evaluallei clommun:iaations aovaraga within 1I1a corporalla limits ofllhe Town and ilB' a1 na ad6t:icinal expense la the Town, takes sual stcq)s as neclassar l la address any defiaienclies idenlificc, no laleirl than ninety (90) daN s after tha Hfft:icil ive Dial e. 1.4 Communiaation Cenlar. Rura]YlMatro shall, for the tarmi ofIthis Agrcamcnt, includa the sarvicas afl its present Cammun:iclation Canter. Mel Commur aailion Unler shall bei aquippod with U.I1. approved aquipmant and ba adaquatcly stafftrid to raceive fire and 294(1379.2 amergoncy rolasted calls from thea community, and shaill d:ispalch t.e nacassary amangency rolaited vahicles in riasponse to those aal:ls. Thea aquipmant and slaffng shall aat all limas bo suffrciienl to handle prodicalabaa ciaill volumes and damand flbaLlait:ians. A C al:l s Re cimided. A l 1 i naomi ng telephone 1 inesi used by 1 ho pub:l i c it a requ(M sarvica, ring -down linas, and radio channels used llo commiunicaata with field units shall be reacmcad at all limas and aapabIc of ,iimu]Ianaaus]N rcaaording and ehicitronicaa:lly tima-stamping all such ciommun:icaIions. Tha Comrnunications C crater shal:I rellain ala suah rcaaordings for a pariod oflnat kiss than six (6) months, and shall make available suah recordings to ilhei Town w:ilhin thraae (3) business days of the request. B. D:isapalch Aarformanae Crileria. Communicalion Center 6,,patah limas of apparatuls shall bei maasureid and dispatch performance crileriia mel. A dispatch plarformancae ariitariion is defnod as iiequ:iring nineq percent (90%) of all amcg1crscy call dispatches to bo completed w:ilhin sixty (60) saaonds. The displatah lima shah bo mcaasurod from 1ho poinil at whiah thea eimeirgeincy informalion isi in quauo (thea lima the adcross of thea inc:idont is keintified) in the "call waiting saction" of the Computar Aidod Dispallah (CAD; ,i}sllom, to thea point at which the displatchar in:iliales radio not:ificalion lla the apparatus assigned to the rasponse. Any diaapatcih laking more than sixt}l (60) secures to aampleste shall bo dacaumanled, and repors shall be available to lihei Ilown. 1.5 Fl:iro and Hmer ag_nay Relallod Hquipmerst Assignmanls. 2946379.2 A. Station A ssi gnmenll s. F:ira and Em arigenaN nel all od equipment provided pursuant to 1Ihis Agreamenil shall bei stalionac :in and assigned to spacaifia stations in the Primary Serviae Area, :inalud:ing, but noel lirritcc to: (1) the Town's Fire Stations No 1, localeid all 16:146 Hast Palisadcs Bouleivard ("Stallion No. 1"'; (2) tha Town's Fire 91ation No. 2, locatad at 1( 831 Hast Sagu auto Hou levarc ("Silaticn No. 2"'; aric (3) a lacaallion in tha Fry's ,fiallyling center (lociatac in tha Eagla Mounlain area; laassad by 14ural,IMatro at whiah an amtulanaa arc necassary craw will to stalioneic (tha "Hagla MaLrilaini Substation'). During 40 lama of tliis Agriaomanl, 9latiion 2 will tea nalocated to 1(16_`1(1 N. Fountain Hills B:Ivd., all which lima 1ho Ruiral/Malro may olacat to close the Eag]a Mountain Substation. H. Mutual Ak Call-Ou1. hI is specaificaally understood and agreed betwaon 1Iho plart:ios hereto that Rural/Mehra may, in the event of amargancy, prauide thea equipmernl assignod to tha Primary Sorviea Arcaa to othan areas fon mutual aid raspansas to al her surrounding communill i es as long as flie pill ocil i on sarvica to tha Town is nal adverse:Iy impacilod. C. Mova-Up Equipmeml. Rural/Malro will make move upas ofl fins and emangenaN mediaal oquipmeint, as conA as unils aro available to do so, wtan an aricaa in tha Piflmary Sarvicc Ancaa :is 'I oft willhout adoquata covarasge bacause aft a raspcnse bN 4 the equipment assigned to thail areia. The moves up shall be madca immcadiale:ly afteii thea d:ispalch oflthe un:ils in the area lcifl w:ilhout adequate coveragca. 1.6 Hearsonnul. During tl ea term of this Agrecam ent, pearsonncal shall ba pjicav ided for as set fbrth in Appcandix H. In the event oflsick, vaaat:ican, incustriial injuriies and othear times cafe absenaca of fill]-timca staff] positions maN be fiHad I y part• lima shift qualifies personnel. 7 9916119J A. Exauplions to manning levels. In no eveenl shall therca tea less than thea rcaquirec number caflpersonnel on a daily Iasis oft firefighting Ilos:ilions (slift peerscannieel) can duty at all tames as dafmcad in Appcanc ix B. Manning :levels must ba brought up to ful I strength as soon as practical wal can any fircafight:in€1 Ilcarsonnul become unable) to ciomp:leatc a sahedulcad shift. B. Support 9llaffing Positions. In additican to the positions sel fbrth in Appendix E, Rural/Mutro shawl prov:idca add:ilional chieaf offiaars and manpowaear aceaquata tca provide routine clerical, aaaounting, payroll, and such other functions as arca elsewherca delineates in this Agrecement. C. Fire Chieifi Aujial/Metro shall assign to the Fountain Hills opeiiat:ican a filll Jmca Fire Ch -leaf, with thea rank oft District C hieef or hi€1l ear, who shall be iieaspcarisible foji the] superv:is:ican and coordination of 9camic(ls by RuraLlMcalro within tha Priimaq Searviaca Area. Rural)lMcatro a€Ircaes that the] Firea Chief] assi€Incad to 1Iha Town as cafe Aily 1, 3011, shall reamain assigned to the Town during thea entire teerm oft tHs A€Ircaemcant, (except that such person, and any sucaassor Fijia Chief ma} ba reassigned upon mutual agrecament of thea Town Marta€fear arts Rural/Metro. In the] event that the Firc Clief :is to ba reassigned, Rural/Meiljica will provide) the] 'lowers Manager a list oflal least thrlece aandidailas from which to seleact thea Fire Chicafl D. Assistant Fire C hiaf/Fire Majishal. RuraLlMcdro shale assi€tri to Ihu Fountain Hills operation a fula tima Fire Majishal/Ass:istarit Ch:icaf, w:illh the rank of D:istriicil Chief or higher, who shall be responsible for the supervision and coordiriation cafe 9eervicus by Rural/Metro within the Nimary,l Selviaca Asea in conjunction with, and in Ila alsence of, 11ea Fire Chief Thca Fire Marsha:l)lAssistaml Chieflshall perform such plan reviews, :inspection and frea prevenllion duties as requhad by thea'flown code, and shall Ilcarform such olhar duties as assigned l y the Fijia Chief. Aujial/Metto a€lreaes that 1I1ea Fire Marshal/Assistaral Ch:icaflassigned Io thea Town as oflJul} :I, 2017, shall rcama:iri assi€Iriead to thea Towers during the cmt:irca term of this Agrcaeamcril, except Ihat such person, and any suacessoji Fire Majishal/Assistant Chief may be reassigncec upon rrutUal a€pieaememt of the] 'flown Manager anc Rhmal/Mealro. In thea evcanl that 1Ihca Fire Marshal/Assistant Chicaf is 110 be jivassigned, Rural/Metro wails providca thea Town Manager a list of at lease Ihrae candle ates fiicam wh:iah to select the F:irea C hieaf/Ass:istant Chief H. 'flown ManagEm Consultation. The Town Manageii shall be responsible for coordinating all Samices within the Primary Samice Asea as wale as acariveying the wishes of the Town to 1Ihca Fire Ch:ieaf with respect to such samices. The Fire fl Chief l shall, aR all times, consider the request of 1Iha 'flown Manager with respect to the imp] amantall ion oflfire pralealion and emergency madi cal services. While the Town Managar shall haves no ahain aflcommand author.'t} to direcrt 1he ofleirations oft Rurlal/Mellra amploycia,,i, such aLlhorit) being reiscirved to the Aire Chicif� the parties lo this Agrecimenl undorsil and thall 1I ha Town ay pacll s Rurial/Metro to reasonably respond to its neeids for fire proleclion and emerigancy med:ica] scirviccis as communicallad Through 1Iha'llown Manager. 1.7 Requ:ireid Raparls. Rural/Matrio shall ba rasponsibla for wiseunbliing arc recording ala performance based stalist:ics and anN otheir raport requ:ircid pursuanl to this Agraamant. All rcportsi, w:ilh tha exceiption oft thci annual repov, will ba mac ei available on a monthly basis, and must be complelad and mada avallablo to 1he Town Manager within ffllecin (15) calandar days affeir the and oft each month. The riciparlsi 1Ihat arei raquircid monthly pursuant to this Agreement arei shown in Appendix F. Tho 'flown reserveis 1ha right to audil Rural/Meitro's confliacl corrplianice and amargemcy oparat:ians pcniformance racords in connecrtion with this Agrecnnenl willhin levan (7) busineicis days oflwrittein request. 1.8 Anrual Rlaport. An annual riciparl cavaring the per.'od of Aima betAcien July l aft thea precciding yaar and Jluna 30 oft the than•ciurrent year shall be f:lcid willh tha Tawn by Seiptomber lsil each Nciar That this Agraamant is in ciffed. Thei annual raport sha1:1 include, but noel 1 a lim iteid to, IIA) a c ciscription aft R L ral/M al ro's specific implerr eintal ion of I tl ei prior fiscal yciar's goals and oljeciives reilaling to fide ofleirations, fire pravenlion and public eiducalion and ISH; an updatad threie-yaar aparational plan. 1.51 Responsa Malhods and Responsa 11imei. 111hroughout the terms aft this Agreement, Rural/Metra's responsa time on all C ac a 3 calls 1 hat ariginalla from witl in the Prirr ary Service Area, shall rri aell the raquiriam ens s as seit fora h in Appendix G. Rlural) Mcitro shall respond to al.] calls thail originale in the Primary Service Area in the manncni seit forh in Appendix B. ARfli C LIE 11 TBRMI, IIERMIINATION AND CONSIDBRA1l1ON 11 harm. The terms oflthis Aga•eamenl shall ba for a pariod oflfive (5) yciars, comrriancing on 11a Bff✓✓clive Date and terminaling June 30, 2022. Upon writllen approval by both flart:iasi, this Agreement may be exlanded for up to twa (2) additional two-year tarms. 1.2 Vermination by Rural Meitro. 2946379.2 A. For C anv anicince. Rural/ Meitro may tarmiinate this Agraamarit for cane anicmce upan two Iia; years wriittan noilice to the Tawn. B. For Non-paymeml by 1he `lowni. In 1Ihei avant the Town fails Ila pay the compansation as pravided fdr undeir this Agrecimenl whew due, Rural)Mellra shall lave thea right, upon thiry (:10; days wriven notice, to (1) ceasci sarvlco as raquirad by this Agreeimenl and j terrriinalla this Agrecimanl. The Town furthar 0 raliclvel;l and releases Rural/Medio aft any liabil:it} for any lossas, liabilities, aaslls and claimis occurring during sual time Rural/Metra has creased mirvicias as plrovideld harain. Nollw:ilhslanding 1he above, Rurall/Mertro rasarves all ather righlls and aelgal remieldies which may ler mailable to it. 3.3 Terminall ion by the Town. A. For Conveni enca or Lack of Fundinr?. 11his A plraemant is for lI her convanienae of 1he 'Down and, as such, may be terminated without clause ihme hundrad sixty five 113( `I; days after relcaipt bN Rural/Mertro cif lwrittcn notice by the Tawn. Fur lCir, in 1he avelnt That 1he 'Dawn dock noel film al fira deparmenil or otherwise provide for fire protaclt:icn or emelrgenciN madiaal sarvicas for its c:ilizans in any fisaall yeah, the Town maN termlinale This Agreement uparl giv:inpl thrlea hundred sixty five (13( fl,' days written rlalicia. Upon tarmination for aarlvaniencia or'Ialck oft funding, Rlurall/Metro shall be paid for all undisputed servicles performad to the tarmlinaticn data. H. For Causer. 'Ilha 'flown maN termlinalle This Agreement for aausel in accordance with lhel following plracledures: Proaerdure in 11a Hvant cfl a Major Default. If a Majar Dafau:ll, as seal forth in Appari6x H occurs, RLiral/Merc shall have thirty 1130' daNs from raceipt cfl noticia from the Town of mch Majar Defaub to correal 1Ihat Major Defi;iult or prov:ida 11a 'Dawn an alccarllabla plan Ila corrcicrt thea Major Default. If in lhei relasonabla opinion of the Town Managar, the Majar Default has belen corrected or lhel Allan to crorrecl such Major Defau:h is celemeld aacleptable w:ilhin that thirty (30) day period, iIlen thea Adraement ramain in full forca and effcict. If, in thea reasonalbIc opinion of 1he 'Down Manager, the Majar Dcfaull has nal beeln aarrauk or 1he Allan to clorreal is urlacciaptalle, the Town may lermirlatc this Agraelmenl upon giv:inpl not less thaln thirty (30) cays writileln naliec ilo Rural/Metro. If Rural/Metra caul noir agree will 1he opin:ian ofltha Town Manglar, thcn the daclission an dellenn:ining :iflthcl Major Default has been aarrelctcic will ba madei ly an arbillrator mutually agraed upon by the 'Hawn and Rural)Matro pursuant to 1he Clamimeraial Rules oft 1he American Arb:ilration Association and lermination under this secllion will not acicur Linless and uwil the alrbillrator c atenr.iines that a Major Default has not been corrected. 2. Proceldurel in thea Hvcrnl oft 01II err Mio:lations. Miolations of this Agreamenl, inchiding, lul not limited 10, failura by Rura:IyIMatro to mallelrially plelrform any clovenanl, cond:ilion ar alplreremcnt to bel performed by it purmiant to This Adraemelnt, thal ares not lisrted as Major Defaults in Appeindix H, shall bel reimed ad within thirlN (30) days) of wr:ilten rlalifclation from the Town. Any v:iclation 101 uncorrected for more than thhly (30) days) after writllen nalifiaaticin may lel decllared a Major Def kilt arc the praaedures slur forth above) shall apply. 194(13 79.7 Aive Major Dcifaulls. The Town, at its sola aphion, maN also terminate this Agreomenil upcin pliving noel less than shirty (30) days noilicci if fives (5) or marc Major Deflaults ocour within any cicrosaciut:ivo tweaua (12) month poriod, regardleiss of1whather Runal/Matro Ias t:imea}I curoc a:ll such Major Defaults as scat fl`irth above. 2.4 C onsidorat:ieri. For 1Iha porfbrmancia aflthe Serv:icies sell forth in this Agrecmcn, tha Tawn shall pay Rural/Melra Threci Million Five Hundred anc E:ighl Thousand am Fifty) Throe Dollars (1$31,508,C1331.00) (1I110 "Comlraell Price"; fcui the lwcilve (11; month plariod ciarnmanoing upon 111a Hffecilive Dato anc ending on Tuna ?ICI, 1(111, and such amount shall bci adjusil cid annual] y during the rem aiirnder of 111 a 11 arm of I thi s A graemant as set forth in subsecilion 2.9 Yalovw. Said aimount shall be paid in twelve (12) equal manlhly insllallmemis ofl'Ilvae Hundrod N:incity 'Ilwe 11housand and 111hreie Hundroc and 11hirty Sevciri Dollars and Sevcinty Five C tints ($292,337.75) in :immadiateily available filnds, in addition to such add:ilional amounts provided for :in 5action 2.1II1a), cin or bofara 1Iha Tenth (10111.; day cfleaah rnorRh fbr which serv:iae is providec with 1ha frsil payment due vw:ilhin Ian 111(1; days after the Hfftictive Dale. 1.5 Increased Comptnsalion and Sor%iicos. The Contract Pry ae will be adjusted as fol:laws: A. Bixoc Annual A djuslmonls. duly 1 of ciach year of 1he Agrocimenl liho Then -currant C anlracl Prieo fbr the Scirviccis shall bo increased by Throe percor. (13°/o,. H. Add:ilional Services. Addilions ar deletions of manpower, oquipmant, stalions, service areas or ilypeis of service during 1he lerrri of 111is Agreierrient maN only occur upcn a wriblein aunendment to this Agrocimonl, signed Y y both pan ies. C. Hxtraercinary Circiumslaneas. In 1he evaril oflan unusual circumstance, suet• ais insurance mark at collapse ar exilraordinEwy :increase in rates or rciplulailory changes, Aural/Metro reitains 1ha right lia docarmeml and raquest an adjuslmenl to the C arilracl Price far such specific unusual circumstance. The Town reitains sole authority 10 aplpp•cua or disapprove thal request. A ATICLH III FIRF STATIONS, MA I-BBNANCE AND HXIPEN5H9 3.1 Fire Stall ions. Me Town IVs ariager shall plravide, fbr Rural/Matro's L sci iri 1he Prvin ary 9arvico Arcia, 9lation Na. l anc Sllatien No. 2 (individually reforrad to hatain as a "Fira 51allion" or calloctivaly as tila "Fire Staticris";. Rural/Matro horaby agraeis 1hall the Fira 51allions shall bo sufficient to allow Rura:I Mcitro 11a perform 1he Services during tha term of this Agreomenil; provided, however, thal in lira event thal the flown aonstrucils a new firci stalion within the lerm of this Agreamcint, i1 shall also Y a made availab:lo to Ruraa/Matro to perform the Services. Aural/Metro agrees to ma:inla:in and operate llhci Eagle MaLnla:in Subslation at its soaa cosl and oxpensci urRia such time thal 1he Town relocallcis AourAain Hills Fire Stallion 1. 2946379.2 8 3.2 91ructural Changes. Rural/Metra may not makes any stnacaturaal changers to 1he Fire 9lations without 1he express, prior, written approval of thea Tcawn Managar. A1:1 structLlra:1 charigcas shall be ail Rural/Metro's solea eaxpensa unless the Tcawn and Rural/Metra aagreca otherwise in wriling. 3.3 Bui:Icing Maimleananeea. Exaeapt as sell forth in Sealion 3.4 be:law, thea Town shall boa responsible fbr a:Il maintcanancca of thea Aire Stations ane station grounds. 11he down shall be reasponsib:lea for such items as, but nat :limilad tea, maljor building rapa:irs, air cond:ilion:ing and healing, eloctr,'caa] repairs, parking lot, and providing plamis fear landscaping. In 1he cavent Rlural/Metto desires ullgraides on station eaquipment or laric seaping, such L X grades shall boa al Rural/Matro's cap Ilansea. 3.4 Daily Ma:inlanancaa. Rural/Metro shall boa responsiblca for caii]l maintcanancca :including upkecap of 1he interior oflthe Aire 9llat:ians, austod:ial work and hcausekeaeping searviecas. 3.41 Uti:lit:ieas. Rural/Metro shall be reasllcansibla fbr tha cost oflall uli:lit:icas at thea Fire Stallions. 3.( Tealephonca and lnlernell Services. The 'flown shall tea responsible fbr tha cost of tha momlhly telephone and intcarnat services used all 1he Fire Stations. Me Tcawn sha:Il havca the righil to :instal], al ills own axpeansea, l e:l cacomm uni cal i on ar idb or com put er eaquipmeant lo enhariae connectivity tatween the Fire Sllarticaris and 1I1 -a down's a cminisllrartivea offiaes. 3.1 Damaga or Dcasilrucitican. Rlural/Melaao agram to ncalify 1Iha dawn aft any fire ar othcm damage that occurs li a eaithcar fire stallion oaa sllat:ican grounds. Such not:icae shall ba given within twent)I-four (24) hours aft such fire car other dam age. Any such damage thal occurs due to thea sole nagl:igeance oflRurabIMcatro, its eamployecas ar contractors, shall be rapaircad all thea sola exllcnsca of RLral/Metto. 3. El Acceass to Facilit:ieas. Rural/Mehra shall flcarmill 1Iha 'flown, its agents, ane employcaes llo have access to and Ila emler tliea Fire 5ilatiaris at ala reasonatla ilimas fear any pLrposea reasonar ly caonr.iecaled wilh 11 ea dawn's irilercast as owner oflthca Fire Stallions. 3.51 Pravenilat:iuea Mairatenaricae. Rural/Medico and the Town sha:Il each easlab:lish and maintain a comprehensive prauantalive maimlananeea program for the Fire Stalions and grounds under their respeat:ivca aarcaas oflresponsit ilia. 3.1(1 Return of Prcapcarty Upon Termiinalion. Upon termiinadon of this Agreaamcant by caithcar part) fbr any ro asan, all building aric graunc s sha:Il be roturned ilo the 'flown in the same condition as they waren in al the ax acutiari oft This Agreeamenil, except fbr structural chaariges proparly miadca undar 3.2 harein, rian-sllruatural changes and axcapt fbr riarmal wear and lear or caasualt)I aauscc by fbrcae majeure eavents. 3.11 Fued. The Town sha1:1 be raspons:it le fear purchasing filal fbr tha firs and emargenciN veh:icales listcad in Appandix 1. 2946379.2 CI ARTICUB IV HIRE APIAARAlITUS AND HQ UTAMHN'11 OWNERSHIP MAINTENANC H AND RHPLIAC HMEN11 RHQUIREMENTS 4.1 Fire ark Emeirgenay Dquipment Raquiramemis and Responsibilit:ias. The Town shall provide a1:1 fire am eimeirgeincy reisplanse vahiules and relaleid equipmenl as :lisled :in Appandix 1, altaciheid harato and :inciorporateid hareiin by refereincie 1j1he "Eclt ipmeril"). 14uraL1McRro hercily agreeis That sucih Dquiprr.ant shall be sufficiienl to allow Rural/Metra to pravide 1Ihei Serv:icies duriinpl the terms of this Agreement. In add:ilion to tlei Hquipmant, the Tawn shall be responsible for providing and punahasing all rn scieillaneaus fire am amarganay-relatad equipmenil fcllawing 1Iha mast racenl NFIAA reicommendac sllandards, as may bei arrieinded frorri lirriei to Aima (the "Miscellaneat s Eqt iplmemil"). Tha Miscallaneaus Equ:ipmienil shall :include, but is nal hinitac to, naazIcs, de.lugei apparatus, antry tails, hosa accessories, first aid kits, oxygen, rescua tools, sucllion unlis and other aquipmant naedad to parform the 9ervicas sat f0rh :in this Agreamenl. RuraDMetra shall pravide a:11 amergency mad:ical sullpllies. 4.2 Fhia Stations. Tha Towne shall purchases fixtures, applianceis am furnishings rcasonab]l naedad :in tha daily apleiration aflthc Fire Slations. 4.�-1 Emargency Communiciat:ians Equipment. Ruraa/Matro shall purchase, install ane maintain the needed aunergancy aammun:ications for all fires stat:icins ane communiaat:ian hardware for ANAL and compullars; plravided, however, 1hall thea down will pravide the mobila and parlab:lei radios. All Fire Stalions and vahiciles shall be equipped w:ilh racios capalle oflutil:iDing 14maLlMeitro's fi-eigt eincy. 4.4 Air Compressors and GeneraRors. The 'llawn shall be rasponsil le fdr 1he plurchase aft all air compressors anc emergency power ganera fors :lacated al tl a Fire Statians. 14uraLIMcRro shall I ei raspans:iblei fdr air qualiq taslling aft such air comprassors. 4._`I Fire and Emergency Apparatus Purchasing and Frocedurcis. When, in the opin:ians afltha Fira Ch:iefl and lhei 'Ilawn Managar, it is advisab:lei to rjurchase adc it:ianal fire, emeirgenci 1 and staff apparatus or vehicles, 1Iha F:irci Ch:ieifl ane tha 'Dawn Manager shall mutuall} agrea upon such purchase and shall forward a racomm andation to 1Iha 'Dawn C aunci:l for approval of such purchase. Dur:inpl thea terms of This A�Iraement, thea Fire Chiafl shall fbllaw 11-a Tawn's budgalary proaass wharf iiequasting tha purchases oflnew apparatus fbr any Lpcominpl fiscal yeiar. The Fire Cliefl shall provide all necessary cacumantalion, macit a:ll filing deac lines and have personnel avai:labla for all pnciscntailions during This budgetary proaeiss. 4.6 Maintenance oft Apparatus and Hquipmant. Rural/Metro shall mainla:in all aft tha Equ:iplment and 1he Miseellancious Hquipmenl. Tha 'flown will pay Rural/Metra cosi of parts plus 10% pleir ilam an rapairs and will be irivaicac an a monthly basis. Supporting documantalion aft wark periformed ane pars rjurchased will I ei included with the monthly 2946379.2 IN invoicia. Ary repair,a resuhling from neglect or misuse I} Rura:MMotro shall bel acamipleted at WiiaLlNetro',a ,role cost and exflelnsel. ARMC IIE VI CC WHIBMIALIT)d Fromi and afjlar thea c ate hereof, naithelr party herato will reveal, divulge or make) known to any pelrson, firm or clorporation an} Confidorllial Infbrmiat:ian (as helreinafiler defineld) otlaincad ty such Marty during thel lerm oflthis Agreeament. "Confidential lrfbrmiaticar" inc]udm, but :is not limiteld 1o: fmancliaa infcarmiatiion; audillad and unauditead financial repors; opearaticanal budgels and stralagicas; miethcads of operalion; stralegicl plans; business mathods, praclt:icles or plans; markeating plans and stral egiels; managemiant systems programs; clomputelr sysil ems; personnel and clompensaailion :infcarmiation and flaygoll c ata; insuranclea dala and lois hislory, eaduealional and training materials; and ather such reflcars, documearat,a ar infbrmialion. Upon termiinalion of thi,a Agrelemelnt, or at any lime1 apart) may so roqueasl, the other party ,ihafl turnover to 11t e1 reaquesting party aa] nolas, miemaranda, noteltcacaks, or calhelr releords or dociumients dealiveareld to :i1 ty thel requesting party acanclarning any Confidearatial Information, inclluding any eop:ieas in its posseass:ian (and any eompuler prinl-out,a, clamputer lapes, cists, CD-RCMs, eta.), it teaing agreled that such Confidenlial Information is the praflelrty caflthe calher parly. "Confidorllial Informatior" does no incllude any information thal (i) is a:lraady lawfufl} in thea possession of car known by a party beforea reaeaiving 1ha infcarmiation; (ii; is or beclamies publ:iclly known tlulough no v:ialalJon of 11is Agreaemiant; (iii) is :lawfully recleivead by a party ffomi any 11ird party without relslricllion an dise:lcasure or uses; (iiv, is indeaflelndently devealoped wii1 aul vio:latirg This Agraemant by a parly's emiployeeas who have not had acicess tca any of 1ha Confidearltial Informalion; (v, is required to be disc:lasec by (a; slates law pursuant Ila a put lie records roqueasl or (t) clourt an ear following notice sufficient llo allow 1he parly to clarllest such ordelr; or (vi) is eaxprass]} approved ir1 writing, by a party's Ger earal C cagy rlsel, fbr realeasea or other usea by the party. Thea provisions of this flaragrapt shall survive the tearmiinalion aflthis Agrelern ant. A RTICLH VI ML111UAII AID, INSURAINC H AND INUBMNIFICA'BION 6.1 MuWa:l Aid Agraemelnts. Thea 'flown may neagotiale with othear govurnmieW aguncias ar their represeantallives fbr 1he purflosu of unler:ing into mutual aid agreaemeants. Rural/Metra agrees to honor all axistirlq and future mutual aid agraemielnts and fire seamicea contracts; provided, however, shat any mutual aid agreeamew unteread into ty 1ha Town which commits and/or engages iIhu services ofIRural/Metro for a feel, is sutjecll Ila thea reasonable approval oflRura:IjIMetro. RuraLlMutro will assisil in any neagotiations if requested t} the Town. E.] Insurance. A. General. 1. Insurer Qual:ificalions. Withoul :lim:iling any atligalions or liabilities of Rural/Metro, Rural/Metro shall purchase and mainlain, al its own e:(fleansel, 294(137S.2 2946379.2 hereinafier stiplulatcid minimum insurancie with insurance ecampanies duly licensied by thea Stale of Arizona with an AM Best. Incl. raling of B+ or abcave with pol:iciies and forms rciasicinably sialisifacilory to the Town. In the mant that Rcral/Metro's inscranca cavrier's rating drops below 134, Rural/Metro siheill not'fyl thea down as scacan as possible in writing upon learning of thea chaarige. T11e Town shall conisull thea Town's Risk Managcamenl Dcipartrreint am dotermiine, in conjunction with Rural/Metrca'si Direcator of Risk Management, a roasicanable lengllh cif time for Rural/Motto la obtain a higher rated pol:iey. Rural/Metilca will then obtain ai highor railad policy w:ilhin 1Ihat time. Aailura 1Ica maintain nsurancae as specaifieic herein may reisiult :in terminallion of this Agrcieimcnt al tE ea Tcawn's opil ion following a thin y ('_I0) c ay pr'car not cae and caure period 1Ica Rural/Metro. 2. No Repreiseintalion caflCovera eg Adequacay. By reiquir:in8 insurancaei hcire�'n, thea Town does not represent that coverage am lin its will 1:ei adoquatea to protoct RurablMcatro. 11he down reserves 1Ihe right to review any and all of thea insurance pol'caiesi and/car endorsements eiteid in 1I hi s A greem eml, but hast no ob:ligailion to do so. Aaiilure to demand such cividencae of full cacampl'ance with the insurance requ:iremenils scat fonh in lhisi Agreement or failure la identify any insurance deficaiencay shall not relieve Rural,lMcatro fromi, nor be eonstrucid car ceemed a waivor cafe iilsi obligation to maintain 1Ihe required insurancae all all timeisi during the performance cif this A greem ems. -I. Addiilional Insured. 'Rhe Clommercaial General Lliabilily, Profcass:icanal Lliab:iliq and Automcatile Diaibility :insiurancae cacaveiragea required hereunder shawl name 1Ihe Town, its agents, represenilat:iueis, officaers, 6recalors, officials and employees as AddiJonal Insureds. 4. Coverage Term. All insurance requ:ircid herein shall be miainlained :in filll forea and affecat until all work or Sen ices required to be pleirformed under 1I ha terms caflthis Agreement are perforrr. ed anc ecampleled. `I. Primary Ir suranicae. Rural/Merca's insu ranee sE all be plrimarN insurancae as it ralales 1Ica bodily, injury or prcaperty damage caaused t Rural/Matra in the plerfbrmancae cafl:ils Services hereunder. E. Claims Made. In the evens any insurance pol:icaiesi required Ey this Agreemeril are w6tilen on a "clairrs rrac a" basis, cim erage shall exilend, anther E) keeping cacaverage in forcae or purchasing an exlendec reporting caption, for two }ears plasl caomp:lcat:ion of the Servicaes. Such continuing caoveraple shall bei cavidericaed, upon request, t y subm'ssion of annual C ert:ificales of Insurance citing appl:icaabae coverage is in forea and ccontains thea prov:is uns as required r eireiri for the two-year periick . la 1. Waiver. The Commeraial General Liability and Auta Liability pol:icias shall contain a waiueir of rights of recovery (subrogation) againsl the 'flown, :its aganls, raplrasantallives, officials, afI'icers and employees fbr any claims causeid by the work or Services of RLiral/Melro. E1. Policy Iladuciliblas andior 'Half-InsLired Ratentions. Nlotwilhslanding anythin�l to 1he contrary in This Agraenaent, ill is specif cial:ly acknowledged and agreed: (a) thall the insurance coveraga ane limits ofIliability required by this Agreemenil may Ie providec by a combination afI primary and axcess Liability po:licias ane self-insurance reitenlions or dedualib:les as appl:icab:le; (b) ill at Rural/Metro, and not 1he Town, is responsible fhr paying the dedualible or self-insured ratemlion under the policy as ill relates to bodily injUr)l or property carnage caused ly RuraWatro :in the parformance of its Services; and (c) that the insurance ploliaies purchases by Rural/Metro provide coverage fbr ganeral operatians of Rural/Mellro and :its affilialas, ane such policies include coverage applicable 1o, ILit noel exalusivaly :limited la, this Agreement and the work or Services providec pursuant to this A graem ant. Rural/Metro fur her agrees and undersil ands that, in lielLI of landing or other security for such self -:insured rellention amounls, That the 11own has ralicid upon Rural/Nlctro's assertion thal Rural/Meitro is requires to provide such seicuriq, in 1ha amount of any dedualibles or seilf-inKired retention amounts, to the insurance campanias providing it with 111a insurance coverages raclUired :in This A�lreemeint. Rura:l)lMeitro shall immediale:ly nolify the 'flown ifj at any clime cLiring the Terme of this Agreement, Rural/Metro is not required, or fk1s to provide, Ruh seclUrity to its :insuranea carricirs. 9. Evidence afl Insurance. Prior to commencing any work or Services under this Agreemant, Rura:l)lMeitro sha1:1 furnish 1Ihei Town with carlificallei(s,' ofl insuranae, or formal endorseimenls as requirad by this Agreement, issued by BIL ral/Nlelvo's it surer(s) as w idence 1I at policies are placeic will aaceptable insurers as spacifacid herein and provide the raquirec coverage, conditions and limits of eouarage splecifiad in this Agreemenil and thal Ruh eaverage and pravisions are in full fcirce and effect. If a acirtificale ofl insuvanaei is submiticid as varification ofl coverage, 1IIe Town shall reasonably rely upon the cerifiaate of insuranae as evidence of eauarage but Ruh aaceptance and reliance shall not wa:iuei or alteir in any way the insurance requirements or alligalions of This Agreememl. If any of the above-eitac policies erpliiie during the life of this Agreemant, it shale be AuraILllVetro's resparisibilill� to farirward renewal cerlifcates willhin ten (10) days after the renawal dale aomlain:ing all 1he aftiremenlioneid insurance provisions. Cerifieatas of insurance sha1:1 speeifraal:ly :include the fol:law:in�l provisions: 2946379.2 2946379.2 (a; The Town, ills agents, repreiscintalives, officers, d:ireicllcrs, officials and errployecs are Ac6t:iar.ial lnsurcds as rciquired in this A gream ent. (b) Rural/Metro's insuraricie shall be primary instrarice as it rclales to bodily :injury or plraperty damage causck by Rural/Mellra in the parfarmianciei of ills SIcrviceis under lhisi Agrcieimenl. (c; Zlhe Commarcial Gcineira:l Iliability and Auto Liability pol:iciias waiva r7ghtsi of recovary (sulrogat:icn; againsl 'Hawn, its agents, repreisentatives, offrcars, officials and cmployces for ar.iN claims cau,seid by wark or Services parformcd 1,}I Rural/MetJo under this Agrecmentl . 1(1. New Ccirtiflcates. If Rural/Metro rciplacasi or upgradcisi any of its policies duriing the tcirmi of this Agraement, RurablMatro shawl forwiard rcinawal aertifiaatasi to tfci Town Manager withirl len (10) daysi afteir the (iffecliva c ata of suali renewal plaliciies. l l . Mark et Hluctuat:icros. The Town acknowledgcis that, from time to time, insurance market flucituallions may :increases the premiumsi Rural/Metra must pay in order lo seaurei thea ocu eiraga required by l his A grecm entl . The parties agree thall such fluctUations are a normal acist of daing bus:inciss thal Runa:IlMatro shall bear in accordanca w:ilh its annual budged. Once quarterly, Rural/Metro may request add:ilional fific s from tN ei Town Council for the purposes of al: lair..ing funding to offset s:ignifroant incrciases in tlhe cost) of :insurance, sa long as the increase is duce to no fault) of Ruraa/Meitro, but is indcipleindently atlributlablc to marked facitors theft affeol tha :insurance market far sim:ilara}I situated insureds. 12. Reviaw. This Agrecmenl gives the Town certain rights of auditl and raviiew as to Rlural/Mcitto financial matileirs. 'lhese r:ialls include the night to ravicw plalioies re:latcc to insurar.iae cioveraga, on the same basis as any othem financial informat:ian. l -I. Fira Insurance Grading and Rc rading. TNei 'flown shall ciooper�ile with Rural/Mehra to maintain 1I11ei Insurance Office grading of 1I1a Town that is in w4islenoc at the time of exciaution of lhis Agreement. BI. Required Insurances Covaraga. 1. Cammcrcial Genciral L:i& sty. Ikiral/Mclro shall ma:inla:in Commieraiaa Gcr.ieiraa L:iabiIiity :insurar.iae w:ilh a coverage l:imill of $:10,(1(1(1,000 for ciaoN aacurncr.iae. The policy shawl aaveir bodily 'ir.jury ane property damage arising from pramiscis, operalions, indapendcr.it conlracilars, and producits- complleitcd operat:ions. :14 :I. Plrofessional Diab'lity. Rural/Metro shall rraintaiin Arofciss'onal Liability insurairiae aoverin€1 negl:iglant cirrors and omissions 1Ihat arise aul of 1he Serv:iaes parformck under this Agraerrant and thall ane causes by Rural/Metra, or an} anci amp:loyad by RuraLMalro, or anyone for whose naglligard acts, mislakes, erroin aeric omissions Rural/Metra is legally liable, w'1h coverage :limils of no less than $10,(1(1(1,000 for dash oacun enaa. 3. Vehicla Lizibility. Rurzil/Metro shall maintain Aullomobi:la Liability insurance w:ilh a aoveriaga Yrrit of not :Iciss 1Ihan $10,(1(1(1,000 for aaah acicurreriae seri RuralyIMatro's owned, hirad and cerain non-awnck vehickis ass:iglnad (speicifiaally, 1he Equipmenil pravided by tha Town; to anc uses in lI a fleirf6i marine afl Rural/1Vlcitro's Serviaeisi under this Agriecimenl. 4. Workers' Comparisalion Inmranca. Rural/Metro shall maintain Workeini' Carrpensation :iriswancia la cover obligalions irriposac by fedeira:l and state sllatuteis having jurisdialion of Wirail/Meilro's amploNcies engaglad iri tha peirformanae of worik ori Serv:iaes under this Agreamenl and shall alsa ma:irda:iri Employers Hiab:ilitN Insurance of not less than $2,(1(1(1,000 fair each aack ent, 11:1,000,000 disease for each arrployea aind 11:1,000,(1(1(1 di,ieiase policy .lim:il. C. Canacdlailion and Bxpirallion Notice. Insurance reiquiried herein shall not e� flire, bei cariae:lad, or bei mataria:lly ahanged withal thirty (30) days prior writien riolicia tai the Town. 6.3 Indemn i fraat:i on. A. By Rural/Mellra. RLral/Melro shall indemnify and hole harmdciss 1he Town, :its authorized agents, afficors, directors and emflloyees for, frarr and against all costs, claims, losiscis, liatil:ilies, pcnalilies, wrlenscis, or other damages, :irialud:ingl but not :limilad llo seitderrients, judgmorilci, aourl ciasts, reasonable f✓`ies of &arriays and erpartsi, aausad by or renult:irigl from the negligenil sir interilional aals sir omissions by Rural/Meilro, its aLlhoriacid aglcnts, afficers, dirciators ane employeas commitileid in thea course of perfbrmiing its obFi Iat:ioris under 1Ihis Agrocimcnt. Nolhing in 1Ihisi sciat:icm shall :lim:il any righil to conllribution or olheir allocatian cif fau:11 belwaen 1he flart:ieis as c atermiined by a court of aompetcnt jurisdialion wind as permitted by all applicable slato and federal laws. B. By 1Ihei Town. 'III a Town shall, to the extant peirmimec by law, :indemnify aric hold harrnlciss Rural/Metro, :its author'aed agents, officcirs, affiliates, direators and employeies for, from and against all costs, claims, losses, l:iabi:lit:icis, perialties, expenses, or olif eir damages, :irialuding but noel limited la settlamenls, judgments, court aosls, reasonable fcieisi oftatbrnays and exports, caustic by or resulting from the nagligoril or :inlantional acts ori omissions by the Town, its authoriaad aglcnts, 2946379.2 officers, direalors and amp:laycees in connection with or rellaled to this Agmiemeent. Nothing in this seecilion shall limit any right to conllribut:iari ar tither allocation of fault bct:waen tha paries as delarminieed by a court ofleampellcint jurisdict:ian and as permit ad by a:ll applieab:lce stale and fcederal laws. C. Indemnity Noll Limiled ty Insuranca. Tha amount and llypee oflinsuranea coveraga regdiramarils sat fbnh in this or any othar Agraemants belwaen 1Ihee parlieis will in noway be construed as limiting tha scope of inicamn:q provideed t} this Seedion. ARTIC LIE VII MISCE LILANE C UIS 7.1 Gavarning yaw. 11his Agnaement shall ba governcc, aanstruad and controlled acaarding to the laws of the "I1atc oft Arizona. The paries agreee to comp:l} with a:ll appl:icab:la Town, County, State and Fadara:l laws 7A Binding Effticit. This Agraemant and the tarmis, prov:is:iaris, promisees, aavelnanils and conditions hareeof, stall be binding upon and shall inure to the teenefls of the paries heralo arc their respeclivc successors, assigns or o1lher :leiga:l represcnladve as herein providcec . 7.3 La al Faes. In the aveml either party brings any action for ari} re:lief� dcclanatorNI or othcrwisa, arising out of this Agrceeemcmil, ar an acaaunl oflany breach or dafauhl tareaf, the prevailing parry shall be entitled to rcceiNe from 11a o4eer party, reasonatle attorney's feces, easels, ark expcnscis. 7.4 Waiver. It is agreed anc understood thal any failure to str.'ctly enfbrca any plraNision hercafl shall not constitute a waiver of right Ila c eemam silriO parformanice oft that ar any othcm prov:is:ianis t areoflat any time lhercaftcr. 7.5 Severability. 'Ilha lerms and conidit:ianis oflthis Agraemeant are saparala and separable, and if fcir any reason, any court of law or administrallive agency should daam ari} provision heraof invalid or inaplarative, 1Ihee ramaining provisions of this Agrecemenil shall ramain valid and in full fbrca and affdcl. 7.0 Indcpandent Contractor. Rural/Metra is an indeplcndant conllracilon aric noilting in this Agreament stall be construec as crealing an amplaymunt re:laticmishipl, agency, partnership, or.jo:inl ventUra belwcan the paries. Bact party shall canilrol and direct the methods by which it performs its rasplansibililies t areundar. 7.7 Assi nmieml. Na r*ghl or abligation hareundcr may in any way whwsoaNar be assigncc or delegated to a lhird party without the cixprass prior written eanscnl oft tha olhar party hcrato. Notwillhstanding the abaNa, this Agrecmeml or any ar a:ll of lit ee services racluired hcrain may be assigned ar subcontracted Ila any of Ru ral/Memo's affiliates. 79,16979.9 16 7. El Nalieeis. Any notieu on other ciommunicalion ruquined ar permitted to be given undeir it is Agruerrent shall be in writing and stall ba decimed :lo have beun du]given if (A) de:liveruc to the party at the address sert ftirth below, (B) c upositud in 1he U.S. Mail, reg:isilured or aurtifieid, return reauipt request&, to thea acdruss sol forth be:law, or (IC) given to a rucogniiaed and repullable overnight delivery scirvicci, to the address set fbiih below: If 10 1ha 'flown: Town of Fountain WIN 1(1(1'1 f as1 Avenue of:Ihei fountains Faunlain Hills, Arizona 85269 Attri: 'Down Manager A ith copy lo: Gus -a Rc 9ENHEL11, P.L.0 . C nei Hast Wast ington Sil reiet, Suill e1 1( (10 Phaelnix, Arizona EIS(1(14 Attn: Andrew I. McGuire Iflto Hural Mc11ro: Runaa/Meitro Fire Dlepartmclnl 8465 North Pima Rd. Scovisdale, Arizana 8512flFI Attn: Fl:irei C h:i eif With a C op} to: A merilcan Medical Response 6.16.1 South Fiddler's Gncvri Circle, 14111- Floor Greicnwood Vlillage, C alorado 80:1 :I :I Attn: Llegal Dleparlmenl ar at such othcm address, and to 1he attention aft sunt other fleirsan or offweir, as any party may designate in writing by noticie duly given flursuani to this Socitian. Not:icies shall be c elerr e1d received IJA) when deliverer to th(i part) , 113' three businciss days of em being fllaeeid in 1he L.S. Mail, praflei ly addressed, with sufficicint poslage, 11C; the killowing tus:ineiss c ay after t wing given to a reeognized overnighil delivery scirvic(i, wilh the person giving 1I1ei not:icie paying all requ:ireid charges and instructing the dolivory scirvieei to c eil:iv eir ari if ei ftillowing business day, ar (D) whcn reeeiivcid by faes:imi lel lransm:ission curing the normal business hours of the neeipienl. If a ciopy of a not:icie is also giuein to a party's ciounseil or alher reaipieril, the provisions above gouelrning the date on which a r.ialieu is dueimcid to haves been ncicieivud by a parly shall mear.i and rcifl✓r to the date on which the part), and nal its ciounscd or olleir rcieipicint to whicih a ciopy of thea notice may t ei sen1, is deeimed to have received the noticie. ).9 Hnt:irei Auciem eint, Confl i ets, Amcir.ic m ent. This Agnecimlent cionslitlll es the ens ire agrecimenil teitwecin 1he parlicis with reilalion to 1he subject maticir Ieireof, and supersedcis any previous Agreiemelnt or understanding, whe:lheir oral or otllcimisei. In:1hei event of a cionflicit wilh the pravisions oflthls Agreciment and any exhibits ifelneof, thcl terms oflthis Agneumcnl shawl aanlrol. No k6t:ian, delellion, or other ameindmenil hereto may be Trade axcupl as is agreed in wrrilling by both partias. 194(11', 9.1 17 7.10 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 7.11 Force Majeure. Except for payment obligations, either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war; riot or insurrection, law or regulation, terrorist act, strike, flood, fire, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 7.12 Court or Agency Rulings Binding on Both Parties. In the event any court of competent jurisdiction determines that the Town, for whatever reason, cannot contract out its fire protection service to Rural/Metro or any other third party then this Contract will terminate immediately upon the date any such decision is announced. Thereafter, Rural/Metro will immediately cease operations under this Contract, vacate all Town property set out herein within thirty (30) days of the decision, and deliver possession of all equipment, materials and personal property belonging to the Town within thirty (30) days of the decision. Rural/Metro will be paid for any services rendered. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first above written. "Rural Metro" Rural/Metro Fire Dept., Inc. an Arizona corporation By: L) 2946379.2 HE "Town" The Town of Fountain Hills, an Arizona municipal corporation By: Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk APAENDIXI A TO FIRE PRIO THC I'IIION AND EMERIG EN CY SENVICHS AG REHMENT E HTWHEN THE TC WN C F FOUNIIAIN HILUS AND RIURAL/ME ITMC [Arimaryl Service Areia] Seei fo. ] ova ir. g pages. 2946379.2 TOWN OF FOUNTAIN HILLS FIRE STATION 1 & STATION 2- (FUTURE)JNTNry yy GREATER THAN 5 MIN ZONE MC UOWELL MOUNTAIN PARK STATION 2 -(FUTURE) ...�... TOWN LIMITS -� PUBLIC ROAD PRIVATE RDAC SCOTTSDALE FUTURE ROAD u Smut OL MILES AIF PF NIIIX B TC HIRE PICC TECTIOT AT DI EME14C HNC YI SERMICES AC REEMENT BETIWEF N TIHH TOWN OB PC UNTA IN HILILS AND RURAII/METRO DLncidur t Rusparnse] Sae following pages. 2946379.2 Rural/Menne sha:I] respond aitL e1r C cdc12 or Codc13, as Acted, to thcl fo:Ilowing: Commercial Assignments Codc13 Mulli-Unit Commereia:I Assignmienils :inaludcl ILI may not tel l:irriilcld to inaidenils whence fire on smakcl :is visible oil the possibil ityl of lange :Icss ofll:if✓`1 duce ta: C ommereial StructLlral ))tires Rclport cif Explosicin or col:lapsel in a cammenclial building Relsidentia] A ssi nrnants C odcl J Multi -Unit Residelnt:ial Assignmants incllude, but may not bo limited to incidents whclrel fir1c1 cm srr. cit el is visibacl cn the possit il:iq of loss of lifcl due to: Relsidemlia:I StructLlral Hiles Relport of l xplosion on collapse in a ncls:idelnt:ial building Grade 1 Commimcial Assi nmclnt C ac CI :1 Grade 1 Commimcial Assignments :incllude, but arcs noel Limilleld leo, incidents where) i1f.me is a report of l f ra alarm, srr. e:I ] of srri ak e1, wal ar flow without visible smoke on f ne in a commienei al AructLI rel. Grade :I Rclsic elntlal Assi nmclyd Code a Grade : ResIdent:ial Assignments include, but arse not ]irriitec to, :inaidenls wlieule lhencl is a ncirlart of fine alarm, smell cif lsmoke, watelrl flow without visib]a srr&ci on fire in a rasidenlia] structure. Stall Assi nmclnt Code 3 Singael unit relsponscl to a relport of fret on emenlgency including, buil not Limiteld lo: Veh:icilo ])lire Brush F:inc1 Rclfrlscl Firc1 Non -EMS Rescucl Penson T rappac l3mcrgelncy Madical Assi nmenl C oda J 9ir1g]e uni'd :response) to a rlepor of injury or :illnclss inc:luc ing but not 1:imilleld lo: V of i cl a A caider it s Asphyxiation, C L ab ing Difficulty Brawl ing E I cictroclut:ion, 9hoak Hegar Attack C bstatn:icla] Parson Down)Unclonscious Psych/Behaviom] Cther Medical 294(13 79.2 B- 11 Assaults Elurns Drlowning Fall 11lnclss/Siekr elss Ovclrc asci/Pai semi ng Paulson Tnaplpeld Suic:ic c1/Attempted Suiaide C l hen Trlaum a Hazandous Imidentsi Coda 31 Mulli-Unit cm singles uni-1 raspansiei to a report of unaanfirmed Hazardous Matorial situations :including bu-1 not Iimitod to: Fuel Laak Hl eat riaal Prob:l am Struaturaa Collaps a Hmilllosion Hazardous Condition or Shand -by Serv:icie lncidonts Coda :I Sing:la unit rasponsie to a raquasit for emargemy Code 2 serviaa including but not lirritod to: Invalid Assisilama Wallar Problems Dangorous Animaa Removal Sprinkler Aalivalion w:ilhout Fha Animal 1lrapped Chock Odor Vlehlcile Loakouls House Ilockouts Comrriemiaa and 14asiidenilial A sisiigmnant Reispanso Engine Flan -1 Laddar ar Laddar Mender 822 2 Engir a FIJI -1 -I M/A as neiedoc -1 Dist. 822 .1 TC TA L 12 Dist. 823 (or backup) 1 (Jas neieidad) '11C TA 11 13 Moves Up Unill s R M Sysil am Eng i nes 3-4 GRAND 11C11AIJ .16-17 Confirmed flrei or Jnd Alarm R/M System Units, M/ A as raquasted (1 CAPT, 1 HNG, 1 FF) (1 FF/CEP, 1 FF) (1 C APT, 1 HNG, 1 FF) (1 CAPT, 1 HNG, 1 FF) Move up Units Engine C a. 31 Ta S1 all ion 82-1's amea *' Hnginesi and tLe IJaddor Tondar wi:ll bei staff6d will a minimum ofltwo Paramedics. 2946379.2 A PPENDIXI C TIO FIRE PROTHC T1ION AND BMB14GBNC Y SHRVICES AGREHMENT HDTWDEN THE TOWN OF FOUNTAIN HAILS AND RUIRAJII/VIHTRO lFirei Codc] In thea inturasl of aammunily saifety, Rural/Metra will work closely wild the Tlown silaff 110 avaluata, adopt air.ic enforcia a nat'anally reicognized fire ciode Tong with the aissoaiallad National Fire Protuatian Associiation Standards documents. Rural/Meitjo will follow anc enforca thea codes/standards 1I1 at are in affecil Lnc cir Arfala 7-9 afltha Tlawn Coda, as amar.idad. 2946179.7 A HPIHNDIXI 11 IC HIRH HRC VECTION AIS DI HMHRGHNC YI SHRVICES AGRHEMENT BEIWIEHN IHH TOWN OH FC UNTA IN HAILS AND RURALVMHTRO [ Sl andards far Training] Thei following handbooks are useid :in thea training of firei plusomil: IFSVA Essentials cif Finefighling, Faurlh Hdition NFPIA :00: Profassional F:irafighturs Qua:lifiaat:icins, rr.osl current aditicin NFPIA :02: Fire Cffiaars Hrofassional �uailificiailions, rrosl currant adillion Inilarnationail Fire Clcka Institutu Theisei publicalions wila be reiuiewied and updaileid by wiritllen rruwa] aigneamenll betweian Rural/Metra and thea Town. 2946379.2 A PPBNDDJ B TO FIREI PRC VECTION AND EMERGENMI SERMICIE S A GREIEMENT BI3VWBBN VHB TOWN OB FCUNVAIN HILIJ9 AND RUIRAIL/MEVRC [Manpow cur] 40 hour w eeik I Fire Clrief/Bmeirgleincy Management Coordinalor I A ssistanl Bira Ch:ieif/Aire Marsr al Rural/Meilro Aires Shift (24 hr.) Personnel I Fire Cap-4ns I Engineiers 4 Firefighters IjM:inimunn of 9 personnel rrust be cerlifieid Bmergancy F:ira Aaramedics,. 2946379.2 APPENDIX Pl VC FIRH PRC VECTION AT DI HMHRGHNC YI SHRMICES AGRHEMENT BEVWEHN VHE TOWN OF FC UNTA IN HAILS AND RURAIIUMETRO [Requ:irad Rapai l s] Rural/Maliio shall make tha follaw:ing monthly naparts availatle to ilea 'flown: Total number of :inaidews rasparkad 1I :in tha Priimary Servicia Mea Avanage responsa 11imas Fira loss/Ilalentia.l report Responsa E miciepil ions Tnaining t CIL irs Buiading arse sita :inspecit:ions Buiading and sita plan naviews HLiblici educiat:ion acit:ivity AHD :inspecitions Tho parties agroa that tha Rura:I Matro Fira Ct ief assignac to tha Town and 1he 'Hawn Manager, or his dasigneo, will maell on a quartarly basis to performs a lhorougt iiev:iaw of ilia nollails requirad :in this Agraemant and to d:isciLiss perfbnranea and/or ciarilrao issucis. At 1he discirat:ian of tho 'flown Managar, ilia Fire Chiaf will aaso provides pnasontailions la 1he Town Council, buil not mora frequanl ly than once eacih quail er. 2946379.2 AF PIENDIX G 'no FIRE PRO THC TIC N ANI] HMERGHNC Y SERVICES AG REP NH NT BETWEEN THE TC WN CH HOUNTA IN HAILS ANI] RIURAL/MFITRO [Rlesponise 'Ilimas:I Sea fb:llomiing pages. 29467 79.2 A. Response Timia. 11hrou€Thaw the term oflth:is Agraamar.il, RILral/Malro's responsa 1irria on all Coda ?I ciallIs that orig:inata from within tha Primary Servicia Arcia, shall avaraga five minutas or :lass, axcepil in thosa areas ouillinac in Appanc ix A which will avarage night m inutas. Rasponse 'pima Dlafinit:ion. Rasponse time is dafined as than period of time batween wharf the first appaiiatus goas anroule to a Cada 3 call, tc the tima of the arrival of the first pliaea of amajiplancy or fira apparatus at the address of the call. I Rasponse 'Rima Liabilillies. Rureil/Merc shall mciat 11a responsa time raquiraments sell forth harein a minimum of ninety parcanl (90%) aft tha time eixc:luding axciepticins. B. Pcirfbrmianca l3vailuailion/l3)uiception. In parformirig calculaitions la eivailuallei Ru rail/Meiliia's responsa time plarformianca as set forth harain, all responsa timas originating from within Rluival/N atro's Primary Service Araa, consislent wilh tha requiramients ofl Slacit:ion L4 harein, shall be inc:ludad axciept as fbllows: Rasplansa llimas slala ba axc:ludad whara a Rural/Marro unit is instruciled to "do1A riplrade" tl a rasponse tim a from a 1 ipll or plriouity lav al to a lowar priouity leval (:im., Coda -^I lights and sirens to Code 2 no :lights and sirens,' by the caller or third party. Rasporisa timas may ba axcluad which occur during pariods of such savers waathaii and road conditions which could rciascnably ba expecled lio stbstaintial:ly implaiir Rural/Metro's rasponse tima parfbrmianca: plravided, it shall ba Rkral/Natro's responsibility to dociument said conditions, tha lima period affecrted, and the affected response limas. Rural/Mcitro shall forwaud such report to the Town, who will miake ai determineition as to whelher lla axc:ILic e or include the affected responsa times. Bxcasslve rasplcnses occuning during pariods ofl unusual system overload. Unusual system ovarlok is daflned lis a pariod of time during which units from two (2) or mora slations are simultariaously on erriargency calls, or:iginalJng from within 1Iha Primary Service Area. Responsa times to calls in excess afl shat number shall nal be included in rasparise dime caaculalions. Under this subseclion, rasponse timas shall nal la inclukad which occur during 1Iha time in which Rurail/Matro has seril an amergancy or fire apparatus vahicile, which is ass:ipinad to the Primair}I Service Araa to an aireia other than the Primaryl Service Arcia. 4. The responsa lima raquiremiants ofl chis Agreamient sha l ba suspanded during a declared d:isastar in tha community of 1Iha Town or in ai naighboring jurriscicilion, which has requastad assistarice from Rural/Metro. Bor the purposa ofl this provision, lha declaralion of disastar must be made or affiirmcc lel the chiefl axecLitive officar oflthm parlieular jurisdicl ion or his/her designea. 2941' ]U G-1 In ceases of mu:llipaei responses runs, (:i.e., whera more illan one fires unil is sant to the same inckant), only the responses of 1he first arriving unit shall bei aounled fbr purpascis oflmciasuring 14uraLMatro's response time peirformaricie. Palifloning. Wlare not speaificial'IN scil fbrth in this aplpandix, Rural/Melro may pat:ition the Town Manager for an axccipllion to the responses tirrei reiquircimenls wham, cua to aircumstanccis beyond 1he control of Rural/Mcilro, ill is uriablci to mecit 1he raquirec responses lirrei cin a sppac:ific incident. RurablMeitro shale dociumcint said unusual circumstances, the time pariod afficatu, and ilha affecitec rasponsci ilimas. RurablMatro shale forward such raports to illa Town Manager, who wial maks a catcirmination as to wheilheir to exclude or include thea affcicitk rasporisci timci. Any excluded inck ant cannot bci aplplliec to any of Rural/Meilra's perforrriancci slatislies set fbrth in Sul secit:icros B (2), (=1) and 114; . 29 4113 79.. G-2 APPHNDIN H TO FIRE PROTECTION ATD BMERGBNCYI SBRVIICES AGREEMENT BE'IWEHN 'IIHH TOWN OF FOUNTAIN HIIJLS AND RURAL/METRO [Major Dafau:lls] 'Ilhe following ane a licit oft what :ihal:l be considered to be major defciults by RunaLMctro pursuard 1 o 11 hi s A greem ent: 1. Failure to provide any oflthe sarvicias l:isilad in Subsciations 1.1 (JA) thilough I1M). 3. Failure to raspond to Ca a 3 calls oriiglina:ling :in the Primary Servicie Arcia. -I. In ragards to persionne:l, a failura to meel the staffing :love) raquiremien:ls aslab:lishad in Sub sections 1.6 (A) and (B). q. Failure to indemrify the 'flown pursuant to Seclion 6.3 when legally ob:ligatad to do so. fl. Failure to remove lions caused to be put on thea Town propcirly by 1he acrtion of Rural/Mete o. E. Failure to ma:inlain the insurancia rcquiremiants set forth in Scct:ion 6.11. i . 11he filing of Rural/Metro oft a voluntary petition :in bankruptcy, or the failure by Rural/Metra promigllly to :lift any execution or garnishmciril or attachment which vwou:ld impair the ability of Rural/Metro to carry on its abligalions under this Agrecmcinl, or ari} ass:iglnment I}I Rural/Metro for the Ianefrl ofl crec itors, or the i nsl itul i on c& any prnacecc i ng under thea provisions aft the Unit ad Statas Bankruptcy Coda. 19461'9.3 APPENDIX I 'DO FIRE PROTHUBICN AND HIMERGHNMI SERVIICES AGREEMHN ll EIHTWBEN THD 'IlC WN C F FOUL TA IN HILLS AND RURAIL/MHTRC HTown Owned Whiclels] Urii9 Al Make,lMoc ed Yea r VAIN Mate UacdElri 8212 AmEmician I-Ehance 1998 4Z'16ESEBIXR8C1,114E13 G394D11 Engine. 8213 Cnimsan CLStCIm S7AUC998C(IE13719121 G9�6EZ BrLsh 8213 Ranc H-,1190 21814 1F1D(IW9HY9EEA17I,118z G795GM Dist rial ChiElf E1221 Ranc R-190 21aC19 1 nwi 1 z V) 9KBz 8(19:1 G9E18E2 SA1ane AmEmiaan I-Eftance 1999 z23EIESEBXYRR79528 Gl91CK Engine 8212 Sgarlan Gladialar 21q'14 4S7FIV2E94Eca-A-A 1821 G501 GR Lauer TEInceiiE1212 Farc R59q 21q'12 'IRDOW9FY4CHEIGE1422 G794GE Dislnicl Chid E1213 Fcuic R-19(1 20'1'1 'IRTRWICR1BRA4z'IEIEI G5EI7GD 794(1179.7 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 611512017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department; Administration Staff Contact Information: Grady E. Miller, Town Manager - - - REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a lease agreement with RURAL METRO FIRE DEPT., INC. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: Fire Station No. 1 and Fire Station No. 2 Related Ordinance, Policy or Guiding Principle: Staff Summary (background): In 2014 the Town of Fountain Hills began charging Rural Metro for utilizing space for its ambulances at Fire Station One. In exchange for paying the town approximately $30,000 annually, the town provided space for an ambulance at Fire Station One, an ambulance bunkroom, an ambulance day room, use of a male and female bathroom, an EMS storage cabinet, and a shared parking lot for Rural Metro employees, contractors and agents. Currently, Rural Metro is utilizing space at the Fry's Shopping Center on Shea for a second ambulance location. Upon completion of Fire Station Two in 2018, the town plans to lease space to Rural Metro for a second ambulance which will relocate from the Fry's Shopping Center to Fire Station Two. The proposed lease agreement will charge Rural Metro $31,000 annually for leasing space at Fire Station One and $31,000 annually for space at Fire Station Two after its completion. The term of the lease agreement is for an initial term of five years and two, two year extensions will be available at the end of the initial lease term. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds utilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends approval of the lease agreement with Rural Metro Fire Department, Inc. Page 102 List Attachment(s): Lease Agreement SUGGESTED MOTION (for council use): MOVE TO APPROVE the lease agreement with Rural Metro Fire Department, Inc. Prepared by: Director's Approval: Z V�L. ,"`r' Grady E. Miller, ager 6152017 Page 2 of2 Ut A SE A GREBMIENT THDI LEASE AGREEMENT (tN is "Lease") is made and cir.itercic inllo July 1, 21(117 ("Elikitive Dates"), by and bolwocin Rural/Metra Corporation, ar. Arizonas acrylarafan ("Tenant") and the Tawn of Fountain Hills, an Arizona mLr.iicipail corporation (I"Landlard"). Tho par iesi agree as follows: .1. Freim:sicis. Upon Ihei leirmsi and conditions hureiin, Landlord duslireis to lcasei to Tenant and Tleinanil deisiiresi to lease from Landlord, thosei aerain armis withir the road property described t eilow on a nari-eixch siva basis and as dusiignaleid I Landlord from gime Io lima 1.1 Fine Slatiior. 1. For Fires Stalion 1, located at 16426 E. Pa:lisaides Blvd., Faunta:ini Hiles, Arizonas, 1he following such aroasi ciommo6; known as: (A) a space for an amtulanea :in the aipparaws t ary; (B) ambulance tunkroomi; (C) ambulanca dal room; (11)) malei and famaile bathroom on 1he loweir live]; (B; EMS storage cabinet in hallwai on Iha lowcir level; and (F) a stared parking lot fon 'Renanl's cimployecis, contractonsi and agents (co:llectivoly, thea "Station l Premises"). 1.2 Firci Station 2. For Fire Station 2, upon its complation cit 110650 N. Aountain Hills Blvd., Faunlain Hills, Ar... zona, 1Iho following such areas acinm on y known as: (A) a spade for an amibulanea to pairkl in 1he appairaws ba}; (B) sluciping quarlensi for two porsonnol; (C; sharec usei oft the day racim, kitchen, f`ilnesis fkilities, restrooms and laundry facii]it:iusi; (I7) shared use of 1Ihei approx:imiataly 60 square foot silorago area (Irciam 1:19) adjaeant to apparatus lay :I; and 11B) siharcid usci of 1he ylarking lot for Tcnar.tsi employecis, aonlraclors and agants I1collactively, the "Station 2 Premises"). Prior to the catci the Station 2 Framiscis bacornas available fbr 'Renanl's occupanci l (the "Station 2 OcaLrIancy Dale"), tha teirm "Preimises" as used in 1I1 -is Ilciase shall reefer orily to thea Station 1 Premiscis. Fallowing the Stations 21 Occuparicy Data, "Promises" shall colleetivoly rofcir to 1ha Stalion 1 Premises and 1he Station 2 Promises. 2. Term. 2.1 Initial Tleinm. Tho in:ilial tormi of This Loma shall bei a pariod ciommanc:ind an thea Bffecrtivu Data and tarm:inating on the dates That is five years aftcm 1Iho Bffeclivo Dada, unless ciarlier turmiinaled in aecordanea with the ilarrris herciofl (tfa "initial Term"), subjucit to 1he provisionsi oft '19cictian 2.3 be:law. 2.2 hlenewal Teirm. Turiant shall have th a opil ion Ila "Reineiwal C ptiun"; to extar.id the Initial Tarm for Iwo aid6ticiriail two-yciair terms (jaaeh, a "Rfm(iwal Period"), subjucil to the prov:is:icns of 9octicn 2.3 t clow. The Initial Term and ciach Renowal Pariod ara hereiriaftan eollecthicily reiferred to as tha "fanm." 2.3 Relationship to Fire '19cirviccis Agreement. Tho Harm of This Leaso must coincide with the terms of that corta:in Fire Frolealion and Bmergeney Medical Survieas Agraement data Jluna 3(1, 2017, for fire proteelion and amergcncy madieal sarviccis by and between Landlord Rural Matro Fire Dollt., lric. (the "Agrmiment"), as arranded. 2945817.1 Notwithstamcing anyhing to the cianuary cianta:ined :in This Loasei, this IJciasei sha:11 immediatoly tcarmiinate upon 11arrninat:ian of the Agreeamont fdr any reason. I Renl. AL 1 Renil al Amount,. During the Terme, Tonant shaill pay to thea Bandlord as rcarit ("Pent") for thea Premisas from and aftear the Bffdcllive Dwea thea amounts spleac:ified bclowi, which shall ciavear all costs, taxcas, maimleinancia, operating costs amc util:ilicas, as fhllowas: A. During 11a Inilial 'harm, for the pariod ofltimca thal on1}I thea Stadion 1 Prcamises is available fear occupancy by the Tenant: $3:1,_`100.00 pear annum. B. During J ea Initial 'harm, for the peiriod oftime than bolt thea Stadion 1 Premiscas and llha SlaiJon 2 Prcamises area ava:ilablea for acicupanay by the 'Deinanil: $6-11,00(1.00 pear annum. C. During any year during 11ea Renewal Poriod: Rant shall ba iricireascac by lhreca peraeant oueir the ppieivious ) aar's Rear.it. 12 Due Date. Remi shall be payable on or teifore thea ffih tus:ineass day of caach month in eaqual monthly insllal:Imemis (oxcepI thall rantal payable fdr less than a frill month sha:11 ba payat le t ascid on J. ea numt ear of days in such month for which such rental is payat le) at Handlorc's mailing acclieass in SociJonXl3 oflthis Loase or at such othcar pllacca as Bandlord has noilificic Teanant in writing ail Iciast 2I(1 days in acuaincca. 4. Usea of lhei Premiseas. 'lenanl may use and occaupy thea Promises anly for llhe following uscas: 4.: Bmer enay Mg6cal 9eirviaeas. Acaliviticis associated wiJ. plraviding medicaa:l emeargenay and non-eamcargeancy lransportalion and relaled scirvaiccas to 1Ihe caommLinity arid/or ad.1 aaeml cam munill i es, including, but not l:im iii ad l o: A. Parking, stapling, washing and cilcaaning, maintaining and/or reapairing oflambulancca anc)for oilhear eamcar€leancy vahicales; H. Stook ing, and/or raplcanist ing meadiaal supplies relatead to ambulancca sarviaeas rendcarad llo 11ea caommunity; and C . Ocaup} ing thea Prcam ises 24 hours a day, i days a week, with ueahicales and/or employees deparling and returr.iing to the Premiseis al any time, da} ar night. 4.2 Otheir Purposes. Ar} oil t ear lawful use or purposea specaif caa.11y related to the aaliv:ilicas seal ftnih :in Sacllion 4.11 above. 2945817.1 2 9. Condit:ian of Plrerr. is as and Improvem ants. 5.1 Landlord Raprasantalions and Warrant:icis. Landllard represents and warramis as of the Effacit:iva Data of this Bease: A. The Prerrisas e:lactrilcall, plumbing (including saptic, :iflapp:licalle), sprinklar, and HVAC systems, ara sound, oparat:ianal and in goad warking condition (fbr example - the E MA unit suffaient:ly hearts and eooas the Hramises). B. Har the Terrr.i of this Laas a, the physical structure :including but nal limiled to tha buildings, their suplpors, cailings, and/or raefing ara physically sound willhaul malerial fau:11 and/or infastat:icn (fbr axiamp:la - 1he roof and roofing syslem aliei structllraaly sound and watcirtighil,. C. Thea llenanl, on paying Rcin1 and performing its obligalions under 1he Baase harein, shale have, and hold quiel enjaymenml and non-exclusive leasehold t:illa, occupalion and anjoymenl of the Prcimises during llhci 'Deem oflthis Lciasa. D. Mei Prem is as, to the Town Manager's actual know lcic ge without invest:igat:ian, including subsurfaea soils, ground walar or surface waler are: (:i; free from any Eazardaus Subslanacis; and (i:i; in eomplianeci w:ilh a:ll applicab:la Env:ircnmemlal Llaws. Fov purposes oflhis Ileiase, "Hazardous 5ubstancc" or "Haaairdcus Substances" shall mean any chemical, pollutanl, ccnlaminanil ar wasila (including, w:ilhout :lim:ilation, toxic, hazardous, infectious, sanitar5l, solid, radioacitivo material containing polyehlorinalleid biphenyls), as such licirms, or an) similar Terms, are at any timia used under any applicab:lei f6deral, slate, locial and foreign :laws, statutes, codas, ragulalions, rules, ordinances, dcicraes, permits, administralive orders, .jud:icial dacisions ar thei lika (colleelively "Laves"' relaling to pollution or prolleiction of the cinvironmenl, natdra:l resources or humane haaltll. "Environmental Laws" shall meari any and all Llaw,, relating to (:i; pollution or pratecm lion ofl 1he einvironant, natural resouracis or human health from am Haaardous Substances; or (i:i; nu'sanca, traspass or toxic tort, including, withoull limitation, Laws ralating to omissions, dischargcis, re:laases or 1Ihraallemed raleascis of any Haaardous Substance or otharwisci rcilating to the manufactUra, plioccissing, distr:itulion, use, gencuiation, trealmenl, slorage, disposal, transportalion ar handling of any Hazardous Subslanca. Environmantal Llaws also shall include, but arca not limited to, tha C laan Air Act, tha Hedaral Water Pollution C omlral Act, as amandad 1) 1Ihei Clean Water Act afl :I 977, the Safa Drinking Water Act, thci C ccupalional Safet)I and E cia:llh Acil of 1970 ("OSHA"), 11'e Corripr&ansive Hri%ironmcirilal Rasplonise, Comparisation and Viability Act ofl 1980 I1"CDRCLA",, the Sglaiftr.id Amenc meints aric RciaLthoriaation Act of 1986 ("SARA"', Ja Solic Wlasta Displasal Act, as amendac by t1la Resoureci Comervalion and Macovery Act of NI( ("RCRA"), Ja Hazardous Substanices Transplov ation Acll, and the Toxic Su bstarices C aritrol Act of NI( ("ISCA"' and any amendmcints to any ofltha foragoing or rules promulgated lhereundar. Llandlord shall ba solely resplans:ible for any contamiinallion or Hazardous Substances on or under the Hremiscis thall oceurrad or is tho result oft or eonlinues as a result oft any diracil or indireal civant prior to the Effact:iva Date ofI11his Vease. Tanant shall not ba responsible for any event 1Ihat was causcid by any diracil or contributing action or failure la act on tha pari of 2945817.1 3 IJandlord, and Tanant shall noel be in any way reispansible far any conilamiination or Hae ardous Slut stances abova or be law grounc that Eire ciaused bN or tiantribullad 10 by any otheir axtrancious prapeirty. 5.3 Envincnmental Reimci6allion. If at any limei anN rerriaual ar remed:iatian of any env:iranmiental tiontamiinanll is sought ar ordered or any liability or peinaaty is sough]) or imposad ty any parson with raspacll to tha Pramisas, ar by any authority) having juris6cilion theireof an aaciount of the plreiscince of any Hazardous Substantia at or any rriigrallion lihareof frame thea Preimisas, whathar tasad on alllegac vio.lat:ian of app.licabla Environmenla:l Haws, actual damaga to parsons ar property resulting theirefrorri, ar otherwise, Bandlord shall deifend, indeimn:ifN am hoac harmiloss Tenant lhereframi and againsll all cillaims, c amaric s, losses, tiosls, axpleinscis, and liabilities on acaaunl thereof, unless and to the extant causad by any broach of Tanaml's of ligation s ll eireunder or tiausad bN Tenant or its employees, invitaas or guasts. 5.21 Tenant Inspection. 'Ilenant shall have the right but nat the duty or obligation, prior to laking passession of tha Premises, and at any othar time during) the Termi, to inspect and Mast for the presanca of Haaardous Subslancias on or about the Mmises. lfl any such inspect:icn or tast suggests )tat Hazancius Subsilancas are prasent, Tanant shall prampt:ly g:iva nollica thercloflto Bandlord, and'Hananll shall lave 1he right, if Tanant so clecrts, to terminate this Haase upori 3(I cays' riatiaa to Hand.ord. Upon notice to tha IJandlond oft thea presence of Haaardous Substantias on liha Pramises, Bandlord may arranga fhr lhei prompll ramediation and ramovaa of such Hazardous Subslanaas. lfl Hazardous Slut stances are distiovered in the Pramises pr:iar to Tanant taking plassession of tha Pramises, and 'Reinaml e.lacts not to terminate the Bease, 1l ha Pramises shale not I caemad avaiIab:a to Tanant and Reint sha:l nal ba due or commenaa un.lass and until Lariclord las tiomplated tha rcirno6allion and rerriaual of such Hazardous Subslanaas; provided, howaver, that if Bandlord e'.IaOs nat to ramed:iate or rtmova such Haaardous Substarices as desaribad atava, Band:lord shall haua the right to tarmiinate This Leasei upon =10 days' notice la 'lenanl. Aftar Ile complelion of remediatiori unc arlakar tN Handlarc, 'Hanaml shawl again have the righll, prior to taking plassession, to ra• insplact for tha preserice of Haaardous SILitstances. If any sual re -:inspection shows thal Hazardous Substances remain, 'Hanaml shall haua 1ha right to llerminata this Laase Lpar =10 cays' wnitllen raliaa llo Handlord. 14 No Tanant Changeis. Tanant may nal maks any tilanges to 1he Premisas, whelp ar strulctural, nonsllructural ar cosmalic, without Lar c lord's express, prior, writtlen consent. 6. Ma:iritenance and Ranairs. (.l (landlord's Ot fl atm. 1Jandlarc sl alit performi all roulline repairs and maintenance and shall rapa:ir, relricna and/or raplaca a:ll extarior, interior, struaturaa and/or nanstrutitural :items including wilhout limiitalion, life tLildirg 1s)' slntetura, noofl(irialucingl all substruatdre lhereofl, gutllers, axterior walls, doors, interior wails, plumbing, HVAC system, rafrigarat:ian (including condensers am re:latac egUipmanl), e.lactriical, fixturas, parking lot and/or all othar improvemants :lacatad on the Prarniscls. (.2 Failure to Maimlain, Repair and Replace. If Bandlord fails to address and ailllar repair or replaca any illams to ba addressed by IJandlord under This Laasei or is not diliglantlN completing tha itam(s, within 1(I days of lila Tenant's writllen nollica of such items, in 2949811.1 4 add:i 1 ion lI o any oll l e r r i ghil s or remedies Tenant may have at law or in e quit)j, Tenant may make suah reasonalle needed repair(si, aind/or rep:lac(merrllls). Tenant sihaill kava the right of secifflcir deduct ar c reduaei Tariant's Rcinil (or airi) other amourrl s c uc under this Lc ase) l y any re micriablc arraurvi it incurs under itis Lease, togalher with ai 5% administrailive f6e. Nalwithstanding the abovci, if 1he item iIhat isi tho Lariclord's responsibility fi?iils and :its fa:ilulie causes subsitarrlia:l unreaisonaille inilerfercrice and/or difficulty, cr unr(micriably affects 1Iha health and wollmss ofl tho Tanant, ills cmp.loyces, aigants, contractors or licensees, oli unreasonably affects the ability ofl Tanant to conduct itsi business in the Prcmises, then 1lenanl shall have the right lIc terminale 1Ihis Lc asa. 7. Tariant's Equipment. All of Tariant's pcirsonal proflarty and cquipmont hcircaftcr on or about 1he Prerrismi or any part thcliaof, whiah ara the property cfl the Tenarit or any permitied sublessee oli assiignee cfl'Ilenaril (the "Tariant's BgLipmciml") stall remain Ile properly of Tenarit, subject to Secilions 7.1 and 7.2 below: 7.1 Rerr cv al; Repair. Tc riaint shall have the right at any 1 imc during the Lease Tarm to rerrima from Ila Pliamisas all or ariN part ofl'Ilenaril's Equipmarit in ar cri the Prcmises wiilhoul regard llo the manner placed on or affixac to the Prerrisiasi, provided 1I1at 3lanaml, ail its sole cxpanm, :immcciatcly will repair or lc clligaled for all cosils and expenses :in ecnneoion 44 all c amaga to J a Prerriseis caL scic by J a ramoval of 'Ilenarit's Equirlment thorafrom. 7.2 A l andoned Equipm errl . Any cfl 'Ilenaml's RclL ipmow riot rem m ad by 'Ilanarrl al ills expense within M days after Ile ciNipirallion or eiarlier larmiriat:ion of 1I1is Lciaisa shawl be considered abandancid by Tonaint and may bo appropriated, sial d, do sl lioyad or olll erwisa disposed cflby Larclord without any furhar notice to Tenant, and w:illhout obligation to acecurit iIhareftlr; prcvided, however, 11at after such 30th &N, Tanant will pay Landlord, upcn demand, gill roasonab:le ecsils and (Niflanscs incurred by Landlord in rerrcving, silcriing, cr dislposiing of any oft Toriant's Equipm ant. Tariant at its expanisci will immaciallaly repair cr be obl:igatcc for all ecsils and expenses in connecllion w:ilh gill damage to 1he Premises causad IN any rerroval of 111ananil's BqL ipmcirit the rafrom. IJandlarc shall not l c liesporis:il le for any loss of or damage to 111ananil's Equipment. 8. Destruol ion cif IPram:ises. 8.1 Damage and Resilcrat:icn. Al all or ariN portion eft the Prenlisiasi shawl la parlially cr tonal]} damagad er c asilroyad by fire cr other casualty, than, whelp ar or ricit 11a damiago cr casitrdction shall hava resultac flrarr the fliult or noglecl cifiFlenanl oli its errployeas, agants, contractors oli inv:ilaes, Bandlord rray, will. liaasonabaa dispatch and ccnilinuiilN, perftirmi all wolik nacessary to repair, restore, liaplace and rebuild the Pramiscs or the darraged portion iIhcreof, :including all alteraticlns, impravomerrls and accit:icros Therein regardlessi of IN, wham made (the "Landlord's Reistanalion Work"). 8.1 Remt Modificailion. If tha Promises isi liandercc part:iail'IN untenamtable as a rcisual of a firs er other aasualq, Acnt flayablo herciundar shall be abaled in proportion to the arcia of tho Prerriscs that is randered untenamtabac fair i1c period from the date of such damage or dclsllrlaticirl to the data upon whicl Lariclord's ResRoraiion Work is complciled. lfltho Premiscis is rendared lotally unlenanlablo, Rcnt paiNablci hereundali shawl at ate comp:lctely for 1he pariod from 2945817.1 5 the date oft such damaga ar c aslruction to the] date) upon wl- ich Handlord's Restoralion World is compll atad. 8.] Option to Termiinala dua to Subsllant:ial Damage. Nomithstanding any aontraryl provision aontainad :in this Seation FI, ifs 20% or more oft the Premises :is randared untenantab]ei I fire or al her aasuaaly, Landlord or Tenant may, al its respeat:ivei opllion, tarmiinate this Llelase by givirg Arittein notice to llha ollhar within ?IO days afller tle date c&such fire or other aasuaaty. Suah tarmiinalion shall ba elffealive on the dates speaifiac :in sLiah nali(icl ofltermiination. 8.4 Option to Torminate dug to Timing cif lRasloration. IflBandlord shall not aompleta Handlord's Restaration Work within SICI da) s aftar tha dale aft any fire or alher aasuaaty, Lland:larc or Tariant may, at its option, llelrm:iriata this Llaase ly giving wr:itteri not:iae lla the other at any time after said 90 -day period and priiar 1a 11•e date) the Lariclord's Rasllaration WoA is aomp.latac. Such lermination shall be effdactivei an thea dala speaificld :in such naliaa of tens inall i on. 8.5 Rent Refund. Any Rend plaid by Tariant for a period beiyond thea date of I erm incl ion of l this Llaase ar for any periiac of al atom enll shall prompt ly ba refundck by Iland:l ord to 'Ilenanl. 8.6 Bxpress Reanacy. 'Ilha provisians cif lthis Sealion fl shall bei considorad an axpress agreamaril governing any aasa of damaga or dasllruat:ion ofltha Prarnises by fire ar other aasualty and any law now or herclaftar in forces which is inconsistent with tha provisions of this Saction 8 shall have no application. q. Clanc amnation. SU Terrruinallion. lfl at any time during tha 'leirm, 1ifle to tha whola ar maler:ial:ly all aft tha Prerriisels shall be takan by lllel aKeraiscl oft the r:ighl ofl condemnallion ar eaninent domain, oli by agreement amang Landlord, Tenant and llhascl aulll arizec to exeraise sual ]light, This Belase shall tenninala and exylire ari tha date of such taking, and 1he Rent requ:ircld lla be paid by Tepanil shall be appor ioned and paid to tha c ata afl such taking. For purposels ofl This 9elcll ion 9 "materially all of 11• a Prerr isas" shall ba declmec to maan thall so mull of ill ei Prerr isas (including loss oflparking,' hava baen laken thal Ilananl's customary use theraoflfbr its aplelrallions is materially altelred in Tenant's reasonablei judgmcirl. 9A Proaaeds. In tha evens of 1ha Making aft the who:lei or any par of tha Prean:ises at any time curing 1he Termi, the rights of Ilandlarc arc Tanant to share in the net proceeds oft any award fbr the Premisels and damages upon any sL ah taking, shat] be as fbl:laws and in the fol:law:ing order oflpr:iarity: A . To Tanant, tha valua oft any parsonal property and fixwras owneld by 'Ilenanl, and any othar ilam oft damaga to Tariant, irialudirig thci valLei oft Teriant's lclasahold, business intamaplion anc re:laaallion clrplansas. Ilenaril ma) joiri in Landlord's acrtion or pursue a seplamata aat:ian; B. To Lland:larc, 1he entira award exciepll as providad in Subsacllion 9.alIA; above. 2945817.1 6 9.3 Hart:ial'laking. Hat anytime during ilhe Term, t:ille to lads than 1he whole or leas than materially all cif lthe Premiiscis ihall t e taken as aforesaid, all of 1Ihe award or awards rasu:lling from said condemrat:iari shall bei applicad by thle paries and paid aver to the cost of damiol:ition, repair and restaration ofllhat parr of thea Hramises than area the respansibiliq of eacih party, as thea cease may ba. Any balance reamiaining in the hands cif tBandlord after payment of such csosl�a oflrepair and rea�alorat:ian shall ba kept by Lanclord and Thea Rent adjusllead as provided :iri Secalion SA t Blow. 9.4 Reducsed Reaml. Ifltilile to lass than the whoaea or lass 1Ihein materially all of 11he Hremisui shall be laken as aflCirosaid, this Lama shall continua, bull 1he Rcsnt thlereaf er payables by Tenant shall bel redueesd from the data of such partial taking :in the samics proport:iari as ilhe number oft square fecst in thle building on 1ha Pram:ises left after thea lak'ng as said amount bears Ila the total number of square feel :in the building on the Promises :immmiatesly prior to such laking, arc shall t a further equiilably rcducsed for any last parking. In addition, Rent shade abale fcir such period of lime arc :in sucsh similar manner during 1he courses aft said restoralion and rabui:lding. 51.5 ' lamporary'laking. If the temporary use of thea wholes or any par aft the Promises shall to takesn by any lanvfua Ilawer or authority, by the esxercisca of the right of csondemnat:ian or eminent domain, and such temparary Lisa rriaiterial:ly iriterfeareva witt Tenarnl's use oflthe Premises as resasanably delerminesd by 'Hesnant, Tenant may terminate this Loam upon M days' noliccs to Llanc kine. Iflsucit. temporary laking does not mailarially intcrfcare wilh Tenant's usca of 1he Premises, the term afl this Leascs shall not be reduccsd or affecsled in any way and Tlenanl shall eanlinue lIa pay in full thle Rent aind othler chairgas required to be paid hereunder, without reduction or at atcmient. ' lenant iliall to canlitled lIa receive for itself) any award or Ilaymcant m ade for such usca. 1Q. Campl:iance w:ilh Requ:ircamenils. Tenant, during 1he 'Herm, will promptly and c il:igontay do ala of 1he following: W.] Begal and Insurance. Comply with all lams, sllatullcas, acdas, acts, ardinancsess, orders, judgmcants, deereas, injuncslions, rulas, ragulallions, permits, licenses, author:izallions, directions and requiremients oflal] governments, affic:ials and officers, forcascaen or uriforesaen, ordinary cr extracrdinary, whicsh riaw or at anN lime hereafter may be appl:icabae to ala or any parl of thea Prcmiises or any use or cont ition 11l ereof (11l a 'Tagal Requircaments , anc all lerms of an insurance policay csovering or applicable to thea Premisas ar ariN part tliereof, all raquircamenls of tHa issuer of anN such policay, and ala orders, rLles, ragulallions and ether raquircmemis of the Nalional Haard of Him Underwriilers (jar any alher body excaresising similar furlet:ions) applicabaes lIa or affcacting all or any part of the Premises or any use car condition thereof (Ilia "Irisurariae Requirements 1(1.2 Permits arc L:icsenses. Procsura, maintain and csompay with all permits, lieensess, flranch:iscas and ciaer aiuthoriaaticns raquircd for 1ha use of 1Ihe Premises or any part lhercofl then tBing made by 'lananil, and for 1he proper erecslion, installation, cllcration and mair.iteriar.icie of ilt a ' lenaml's Hquipment car any part thereof. 794:1817.1 7 l 0.31 Recordad Instrumiants. Comply wilh any instruments of racord at 1he time in forca affaclling 1ha Premises or any plait theraaf. 11. Iliens. if the Premises, ar any part tharaof, shall at any time bacoma subject to a claim for any jaricoii's, rrachaniic's, laborer's or malerialman's lian basic upon 111•a furnishing of m atarial, labor or professional sarvieas to Tenant ar tha Premisas and contracted for by Tananll or :its contracrtors ar subcontraicllars, llenanl shall cause the same, al Tenant's expense, to be discharged or barked aveir (pursuant 11a ARM. REu. STAT. fl -1:1-100:1 or fl 33-11004) within 20 da} s after naliae tharaof, and Tcnaint shall indamn:ify and hold Llandlard f armlass frame all liabilill}l, loss, acslls and expenses arising from such a lien. 12. No Claims Against Landlord. Nothing comaliriad in This Ilease shall aarisllitulle any consant IJaxcepll where cansenl is expressly required ark given undor this Lease) or raquest by Iland:lard, a).plrass or impliad, far the parformariae of any labor or services or the furnishings of any miateria:ls or other propert) :iri respcat of the Premisas or any pail lheracf, or as gliuing 'Ileinanl any right, powar or aiuthorill}l to aontraat for or permit the parformance of an} labor or services or the filrniisfing of any materials or other property in such fashion as woulc perm6t any alaiim against Iland:lard. Any :labor, scirviices or mallarial furnishcd to 11ha Ilremisas in aonneclion will- 111-a fullfilllmenl of 'lenaril's obligat:icris 1, ereundeir shall 11 a 11ha sola rcisponsib:ilill}l of Tenant. 1-`I. Staragei and Use of Regulated Products. The Tenant shall no11, aeric shall not pan -nil any of Tariant's agarits, emplaNclas, jokntears, beneifiaiariieis, aantractors, subtenants, and licanscies 11a, stare or use any Hazardous Substantia, fuels or othar petioleum products, chemicals, herbicides, pasliclidas, feri:lizers, painll ar other such rtigulaled projticlls on 11hei Premiiscis wilhout 1he prior, written aplplravail of tha Landlord. In the evcml of any contaminalion of propert) or loss ar damage to persons arising from any Haaandous Subslanca introduced 1'y Tenant onto 1he Prcimises, wl-athcir with on witliaul (landlord's eoriscrl, Toriant shall (A; notif)j (landlord imrriadiailel}l of any conllam:inat:ian, claim of con11am1iriat:ian, loss or damage, (JB, after consultalion and aplpraval by Landlord, c:laan up the contamination :in full compliance with all appl:icab:le statLltes, rules and regu:lat:ians and (C) indemn:if}, dcifend and held Landlord harm:leiss far, from and agaiinsl an} l:iabiliticls, claims, suills, eausas of action, aosls and axpenses, including raasonabla attorno)s' fees, arising from ar connected with any such aontamination, claim of aontamrination, loss or damaga. The provisions cif 11his Secticm shall surviva 1he exp;irat:ian or aarlier term inalion of this Lease. 14. l rk em niIy. 14.1 Tenant Indemnity of Landlord. 'Ila tha full est ext eml perm i rl ad by law, the Tenant shah indamnify, defcmd and hold harmlass tha IJandlard and aach eauriai:lmember, offiacm, eimployae ar aganl 11hareof (J1he (landlord and any such parson teing herein called a "(landlord Indemnifieid Aarly"), fon, from and againsl any and all lasses, claims, damages, Liabi:lit:ias, aosls and expenses (iriclucirig, 1•Lt vial llimitec to, rcascriablc altorneNs' foes, cour costs ark the costs of appe:llata proceiedings) to which any such Landlord Indemnificid Part) ma} became sub'eat, undar any theary of Liability whatsoever (I"Landlord Claims"), insofar as suah Lanclord Claims (or aatians :in raspact theraafl relate 1o, arise ou11 ofd or Ewe aausad by or based upon 1he riaglligant acts, iritenllionaa mliseanduat, arrors, mnstakas or omissions, lin aannaction wilh 2945817.1 uses oft thea Piaemises by the Tenant, ils inv:ilees, :ils offieeaias, emp:laycaes, agents, an any t:ieiii afl sut caontnaicaton in the performance oft 1I1 is Lease. Me amaunl and typo of insuraanec aciveiiiago nequ:iremenls scat forh below will in no way be construed as limiting the seapa of the indemnit) in this Sect:ican. 14.1 Landl and Indemnity of l 'Deanant. Subject ll o Suction 3'l be:l aw, to 1I hei fu:l l est cx ten] permitiled by law, the Iland: and shall indemnify, deifend and t ald harmless 1I1ea Tenant and eacih offices, emllloyae an aigenI thenad] (the 'Ilenant and any such perscan being hcre:in called an "`Denanl Indcmnifiad Pary"), for, fiiom and against any and all losses, claims, damages, liabilities, costs and expcnscis (Jinclucing, tO nol lim:iled lo, reasonable attarnieys' feces, eaurt casts and the costs of appellate piaocecadings,' to which any such Tenant Indemnifead Party may beciomo subjecd, under any theory of liability wt atsoeven (I"Tenant Claims"), insofar ais sL ch Tcmaant Claims (or acalions in reaspcct thereof) laelate ta, arise out of, an anti ciaused by on baseid upon the neg: igent ants, intentional miscionduat, errars, mistakes an omissions, in cionneclion with use of the Pncimises by the Llandlord, its invitees, :ils officers, cimploycias, agents, on any tieara of subcontraictar :in the perfarmiancc of this Lease. The amount and type aft insurance ciovenaga nccquiiaements set forth below will :in no wary be ecanstnlcd as :lim:iling the sciope oflthe indemnity in this Sad ion. 1`I. Insunanaci. flan purpascis oflpraviding :insunancie ciovenagu during 1Ihei Tcrm aflth:is Llaase, Tenant shaill provide Liandlord, on on t cifone 1Iha E ffftictive Data, with a cert if ciata of insurance demcanstrat:ing the follcaw:ing coverage: IfI.1 Commercial General Liability and Automatile Iliab:ility. Commercial general :liab:ilit) insurance and aulicamobilca 'liability with ciovenago limi:its of not lass than 11,000,(1(1(1 fon each ocaurrcnce, wilih an ovena:ll aggregate limit af l $5,(100,000. 1-4I.2 Property Clavcrage. Plnoperly insulaancc prcaviding coverage fbr Tenant's furniture, personal proporty, fixtuncis and equipment in the Pncmises, with ecaverage in ain amount aqua.1 to the rep:laccment cost theneofl Ifl.3 Addiilional Insured. The caommcrcial genciral :liability, and aiulomobile liability insurance coverage nequireid heneundcr shall name thea Landlorc, :ils aqents, amploycies, and afficcrs, as an Addillional Insuread. Ifl.4 Notice oft Carace:llation. 'Denarnl shall immediately notif}j the Llandlard, in writing, ofITcnant's eanccllalion aflits insurance coverage. 1'1.5 Cbrtificatcs of Insunancae. Upan writilen request, 'Deanant shall furnish to Llandlord Cerifieate(s) oft lnsuranae and regaled candarscaments :issued by 'lenard's insLiler as eavideancae that the caoveragc: (A) is plaicaed with raasonab:ly accaeptable insuncars; (B) is detailed on the Ccrtifcaatea(s; as specified in this Llease; and (IC) is in fiull force and effecal on the Efttactive Date. Upon written request, Tenant sha:Il also furrlist to Ilandlond updaited Cartificate(s) as policies are renewed. 13.6 Waiver of Subrogation Rights. Landlord and Tenant and all parties claiming under 1Ihem mutOall} release and discharge each other from all claims and liabilities 2949811.1 d aziising from on cauered by :insuziance requiriec to be maintained, ziespectivcly, by the parties under this Llease, regardless oflthe cause of the camagc or loss. Eacih party shawl secure from :its :insurer proof :That its restlective insurer honors lhis provision. 1 E . Assi gnmc ril s and Subleases. 'Ile nand may noel subl ell the Premises, cir any part thereof, withoull llhe prior, writllen consenll oft Landlord in :ills sole d:isarct:ion. Tlenard shall not assigri this Llease w:ilhout llhe priicir, writllen cariscnt of1land:lord in :its sole d:iscret:iciri. Any such assignment fori which Landlord has given its cariscnt shall not release Tenant hereunder, and any assignee oii sublcssec shall caiflrciss:l} be bound by all oflthe Teriant's otligalions hcreunder. 11. Surrcrider. At the exp:irat:icin or ciar:lier termiinalion of this Leasci, Tenant sharia peaceably aeric qu:icit:ly surrender the Aram:iscis to Lanclord in a broom -clean and sanitary condilion and :in cissenlially the same order, condition aeric repair as oflthe Effcictiue Datc, with rospecl to the S1ation 1 Promiscis and as c&111a Sllaltion :I Cccupancy Dane with respect to the S1ation 2 Premiscis, ordinary and rciasonab:Ici wear and tear and damage b} casualty or condemnation exacpted. Any improvemients, fixtures or personal property ]elft on llhe Promises by 'lenanl at the termination of lltis Llciase shall, al 1Jandlorc's scile discretion, telong to lJandlord. if Lanclord rejeclls possession of any Tenant improvemiants, fixturcis cir perisona:l property, 'lenanll shall, wilhin ?ICI days after notice from Lland:lord: (:i; remove such improvamenls, fixt- rcis or personal property al its sole cimipense; anc (ii) restore any damage to the Prem:iscis causec by such removal. 18. Dafaull — Grounds. 11he occcmienaa afl aither ofl llhe following mants shale constit-ute a Dafaull on the part of llenanl: 1 S1.1 Rent Failure. Fai lura to pay any Rent or any other sum duce and pa} able heraundar within 10 business days after written notice cif fallura to pay on its due dat i tas becin reaciivac by ' lenanl . :18.:1 Parfbrmance Failure. Default in lite performanca afl any afl 'llenairit's obl:igat:icins unc ar the Agreemant or heraundar where such default is conllinuing ftir -'10 days after writtan notice lltereof fi•omi Lland:Icirc to Tanant ainc Tenainl has failed lo cure the dafault cir Ias failed to cammance curing 1he cafaull, and lla diligently ane in gloac faith proseCILte the cafaL lt's cure to complellion. 19. Dafaull — Memadias. Upon Ja happariing of arty Defliclt, Laniclord, at any lima thawafllar, may: 19.1 End Tarm. W:ilh riciliaa to Tenant, daclara the Tarn endec aeric through court proaaed:ings only, ramovci and/or avict'Ilenanl and a:11 parlies occupying the same or an} of them, and again repossess and enjci} tha Premiscis. 19.2 Cure Defaults. Cunci any Dcifau:ll(s; of Tenant and add tNa (landlord's reaisonabla expanses, including raasonablci alltorna} s' fees, in c oirig sa to the 'Ilenaril's Rent to to paid hereuricor. Lland:Icird may acc intarasl on any such sum at the rale of 12% per annum due undar this Saction unilil paid, llogathar with a 3% acministilat:iva fee. 294:1117.1 10 19?I Cumulative Ramiedicis. Each riighl, powcir anc remiedy afl Landlord and Tcnarnl provided fbr in this L cease or naw ar heireaifller axist:ing at law or in acivity ar by sta wte or otheirw isci giha:ll bei, cumulait:iva and concurreird eine shawl be in addillion 11c every othaii right, powar or reimcicN providad for in this Lleaisie or now or hareaf eir existing at law or in equity or by silartulla or otherwise, and tha exciraise ar beginning of 1he excmcisa t y Landloiid of any ona or miore afltha r:ighls, poweiiis ar ricimied:icis prov:iceid fbr in lhisi IJeasa ar now or hareafller axisling all law or in aquity or by sllatuila or alherwlisie shaill not preclude lhei simullaneousi or la11cir exerciise by Llandlorid oft any or all sLiah oil heir righls, powers or iiemadicis. 19.4 Reciaveiry of Costs and Hxpensieis. If any acitian, whefthar all law or ciquity, is inslituled bN eilheri flarty far default by 1he clher undeiii this Lama, 1he Ilrava:iling Ilairty shall t ei awardeid all costs ane expanscis incic cant therialo. 19.5 Na Re:lacation Bencifits. Exciept aci cieit fcirlh :in Sciction 9 abova, upon teum:iriaticn aft This Lease, 'Ilcnant acknowledges and agreies thal it is noll antillcic to receive any relocalion t enefls or assistancia under f6derial and slate reloaallion aanws and regulaticris and shawl make no cila:imi fbr such rialocalion t enefrlls. 20. Parformanae on Behalf of 11anant. If llenanl fails to parfbrmi any aat iiequireid hereunder to be miada or perfcirmiad by 'lenanil, ane provided Llandlarc has givan Tenant 3I(1 days writllen notice aft its intard to do so and Tenant has failed during staid peiriod tc Ilcirform thea act required to be parformcic by Tenant, than Landlord may, bull shawl bei undcm no obligation, to perfcirmi such act willh the samia efftict ais if mads or perfbrmiad by Tenant. Notwithstanding ilha immeciatedy preceding scntenca, Ilandacmd may Ilraceed immadialeay in tha evarit of an err..erigcncy withaul any not:ica to Tariant alhar lean bona fide atllemllls to contact Ey telephona as soon asi reiasonably passiN ei under the cireL m sl ancas llenair is represenll ativ ei (whom 'lienar 1 rr ay change frami time to lime; whase names and lelaphone nurrber'lenanll has furn:ishad in wr:iling to Landlord prior 10 suet eimergeincy. Bntry by Landlord upon tha 'Henanl's sharac Ilarlion ofl1lta Premiscis foci such purllase shall not waives or reileasia 'lananll from any ob:ligailion horeunder. Tenant shawl rciimturse Landlord fbr all surr.s so paid by Ilandaard and awl co,,vi and expanses iricLmied by Haric ]arc in connection with Haric lcrc'si payment or parfcirmanea under this Secilion, and na suet paymcnl or perf6nr..iance I:N IJand.lard pursuant herelo shall ba deerned to limit any righl oflLand] ard or rel:iave Tenant from any Dafhulll heraundar. 21. Tariart's ALltorizac Parsons. Ill is axpressly understood betwlaan tha partias hercito lhat Tariant's ragional and/ar loaal amplaycies :inalud:ing, w:iltoLl limitallion, those working all 1he Premiseis, arca riot emllawarcid to giva inslrLiaticn reigarid:ing 11he laxiahold. Grily Teriant's Nat:icnal D:iractar aft Real Estale or 1he 11anant signatory to this Llease is empawerac to giva arty ingrucilion or naliaci regarcing tha Lleasci and any nalieci or :instruction issued ty any othar pari), is null and vaic. 22. Holding Over. If Tcnant hales avcir in the Premisicis bayond thci exp:irat:ian oftthci Termi, this Llease wile continua to govern the ralationship afltha parties cixaepil thal ilha "harm shal be c aemad a manit to month tenancy, whiah 1lenancy may, be terminated as provided [: l law, ane the Rend payable to Llandlord ty Tanant shall t ei 1he sum of IMINa of ilha Rant in cifftict upon such axpirat:ian. 14143811.1 23. Nollicas and Requests. AnN natiaa or olher aommuricia:lion required or plcrm:ittec to be given under this A graemant shall be in writing and shall to c aerr ad to have bean dua}I given if (A) dclivcrad to 1he party at iha ac c rass sell forth below, (B, deposillad it the U.S. Mail, registered or cartified, raturn racieipll raquestac, to 1he muciss sell fbilh be:law or (C) g:iNan to a reccignizcd and reputable overn:ighl dalivary,l sarviae, to tha addrass sal fbrih balow: If Ila Lankford: Town of Founllain Hills 1 E I(B East A venua of the Faun1 ains Fountain Hills, Arizona 892E 8 At11n: Grady B. Miller, Town Manager Wilh clopN ta: GUST Rc SENAELD H.D.C. Ona Hast Washington 9tteal, Suite 1600 Phoenix, Arizona 85(5(14.3553 Aitn: Andrew ]. McGuira If 10 'Ilananil : Rural/Matro C orplarat:ion 9221 Hast Mia da Mentura 9cionsdala, Ariaana 85258 A tin: Begal Counsel or al suah cilher addrass, and to tha atlant:ion afl such alher person or officar, as anN party rr ay designate in writing by nolica du'IN given pursuant to this 9action. Not:ioes shall to daemad recie:ivad (A, whin de:livared to tha party, (B) thrca business days of or being planed in the U.S. Mail, proparly addressed, w:ilh sufficient poslaga or ijC; 1he folaaw:ing tusinass day after baing g:ivan to a recognized overn:ighl dal:ivcry service, with the person giving the nolica paying all required ahargcs and :insilrucit:ing tha delivery service to dcl:ivar on 1he following tusinass day. If a aarIN of a rialiaa is also givers to a party's ciounsal or oihar raciflient, 1he provisions above governing llha dale an which a notice is deamed to hava Ecen raceiveid by a parry shall rraan and ref& lla the dada on whiah the party, ar.ik not its counsel or olher rcaip:iant to whict a ciopy of 1he nolica may t a send, is deamed to t ave recaived tha notica. Jh. Subordination and Atli arnmenil. Lanc lord reaiy aar.ivay or otherwise cisposa of 1he Pram ises ank Ilandlord shall have the absolull a righl to miortgaga or ancum bar t N deck of I trust 1he Pramises. 'M is Heiase, al Handlord's opiion, sl- all be slit arc ina:lei llo any mori Plage or dead cif ltrust wh:iah may be plaaad on 1Iha Pramisas and to any and all advar.icies made or to be made pursuant to any such rrarlgaga ar daad of trust, and to all rcnewa:ls, raplaciemants and cirlensions of any sunt mortgage or dead of trust; provided That aaah suah slit arc ination shale t ei on tha condition Thai tha mortgagee or daeid of 1rusl benciflciary ar.ik trustaa shall axacuia ane deliver to 'Hananl an agraeimaril ("Nondisturbaricie Agraeimanl") io tlic effi;ict that, so long as a Default ciaused Ey Tenant is not ocaurring haraunder, such mortgagee, banafraiary or :inisiae will reacigniza this Lease and not 6sturb or othcrw:isa intcrfOre willt Tleriant's laasahold aric alher rigfts Lir.ider itis Lease. 9utjacl to 1ha Nondisturbanaa Agreameni, 3lanani shale axeaute and deliver suet furthar instrurr ant avidcncing this subordination as Bandlord miry rciasonably raquest. 2945817.1 la 25. Right cifl Elritry. Llanidacrd may, at aria reaasonab:lea tames anid during usual business hours, antor uponi the Promises for the purpasc of ir.ispeacting, repairing or preserving thci samei. 26. C anenal Terms. 26.1 Waiveri. The failunci ly eaither party to insist oni str:icit performiancea by thea other parly cif any provision of this Haase shall not be a waivers of any subsequent brcaach or default of any provision oflllhis A 8rcaemar.it. 26.:1 Seaveralitily. Ifany parlion car portians of this Haase shall lea foci any reason invalid or unanforccable, lihea rcamainir.ig port:icarilIs) shall lea valid amid enforcaealle amid canned ir.ito eff iat un(leass tea do so would cilcaaidy vicalatc the pncscanl legal anid valid inlentioni of thea parl ices herel o. 26?I Survival. Ary provisions of this Haase cmealing obligations eaxwridir.ig beyond thea term cafl this Agrceamcnl shawl survive thea expiratican or lermir.iation of this Llease, regauidlcass oflthe season Mir such lerminatian. 26.4 Heaad:ings. The headings usead in this Lleasca ane for acanveaniencae on'IN and do not limit the contarits of this Lleaase. 26.5 A menidmemits. Any aamenidrr emits tea this Lcasea shall be caffocl ive anly if I ini wAtir.ig amid signcad by authoriaead reapreasemitalives aflboth partieas. 26.( Enlire Agreaemerit. Exceapt for the Agraemiant, this Llease canstituteas 11a enlirc agnecamcanl and uncearslanding beatwecn the part:ieas with raspleact to thea subject mat7ar Hcreaof and supersedes any pncuious agrcaamenils or understancinigs, whclher oral on written. 26.1 No Third Party Beneficiary. Neither paarty :intends in aany mannear whail soca or II o crcaata wan int crest or bencafi ci ary in a thin part) . 26A Legal Flccas. In thea event either party brings any action for army relicaf� dmilaratory car othcarwise, arisir.ig out oflth:is Llease, on an aeciount cif lany Ircaach or defaault herecaf� tha prevailing flaarty shale lea entiticc to raccive frorri the ott er party rcaasor at le attorn s' % as, casts, arse expcnscas. 26.5 Time. Time is of ii ha essence hereof. 26.1(1 Pub Iiei ly. Neither paarty shall idenit:ifl or miake reafercancae to ii he other party in any eammunicaatior.i, adveart:ising ar alher prom alional modality rcagardacass of its form willlout pniar wrir en caor.iscar.it frame lIhe other party. 27. Applicable Llaw; Vcariue. This Agrcemcr.it sharia be govcrncd I} thea laws cafl lila Stale caflArizona, rc dardlass of whellher cithc r party is oii may be eomc a resident of anollher state, and suill pertaining to this Agnceamcanl may be brought or.ily in courts ini the Maricopa County, Ariaana. 2945817.1 1 �I 28. Couniterpairts. This Leasea may bei er eacwed in any numbear oflcountearparts, each aft which shail:l be deemed an oridinaa and all oflwhich shall constitute one and the same instrumant. 29. Comp:Iianaea willh Bederal Law. This Leasee has bean ncagatiated all arms-lengtf. and :in gaac fdillh by tl e parties. Nothing ciontained :in This Lcaasea, :incilud:ind any compansat:icn pak or playablea, is intended or shall be construed to IJA) requ:irea, influance or otheamiisea :incucie or saliait either party regarding refdrrals of business or pat:ieants or the rcacommiending oft any mckical goods or services Ila the other party ar any aft ills affi:Iiateas; or (H; intcrfdre with a pallieml's Bight to choosea his or her own health carci prov:idear. hI is 1he intcnl oflthe parties That thea terms and acanditicans of lihis IJeasci eiomp:lN w:ilh ceartain fedcaral laws and regu:lat:ians aariciern:iripl thea delivery oflheaa:Ilh carea seirvieas, :including, willhaut :limilation, 1he Hthies in Patient Reaferrals Acit codif ead al 42 UI."'I.C.A. § 1395(nn) and the gencaral prascriptian on flrauc and abuse in Meidiaare and Mck icaid eodifick al 42 USI.C.A. §1320aA(a) and l -'I20a-7(b; . 30. Barmi W-9. Landlord agrcaeas llo provide 'Heanaml wilh a fu1:Iy eomplcited ane proper.lN signed LS Deapartmlent ofAreaasury form W-9 all aeaast 31CI days prior to iIhei Rent Hffectiva Data. Na Reml shall be cua or payab:Iei until Ilenanl rcice:iveis thea form Wl-9. If IJand:Iard changers its business ar legal riamca, Lam lord aagrecis to nolify Tenant in writing, within 31CI caays cif lany sucih change, and submil a new Flormi W-9 refleacting such chan�lea(s, . 311. Budget Law and Nan-approprialion. Lariclord is ob:Iigatead only lla pay its obliplaticns set fonh in this Leasci as may lawfully be made from funds appropriated and budgelleid fear that phrplasa during IJanc:Iarc's then currcarat fisca:I year. (landlord's obligalions under 1Ihis Lease are current eaxpensas subjacil to thci "budgcil law" and thea urifdt7lared leigislativea decision oft the IJandkin conaearning budgeated purposcis and aapproprialion aft funds. 'Ihould Landlord Ileal not to appropriate and budged funds to paN its Leiase ob:Iigallions, 1Ihis Leasea shall be dciemeid tarmiinated at thci end ofIliha thean•curreml fiscal year terms for which such funcs werci appropriatead and bucplateac for such purposci and IJand:Iarc shall be re:Iievac of anN subsaquenl obligation undcir This IJeasa. 'Hhei parties agree that thea Liandlord has no abligalion or duty of good failh to bucgeit or appropriale thea paNmeml oflthc obligations fduric in This Lleasc :in any budgel in any fisca:I year other than the fisca:I year in which This Lciase is executed and c el:iveired. Landlord shall be the sole judgea aric aulhority in delermining the avai:Iabi:Iity oft funds for its obligations under this Lcase and IJand:Iard shall keep the other party informed as to the availability of funds for this Lcaasc. The abligallion Landlord to rnake any payment pursuant to this Lleiase :is not a �lcneral obligation or indcbledncss of Landlord. Thea Tenant hereIN waives any and all r:ipllts to bring any c:Iaim1 againsl the Llandlord from or ralaling in any way to Landlord's ilerrrliriatiari of this Llease pursuant to 111is Seclion 3:1. J2. Cancellat:ian. Naliac :is hereby given thal the provisions aft ARIZ. REV. STAT. § 318-911 arc aplplliaable to this Llcase and are hereby incorporated Icre:iri as Though sell forth in its enl ireq . J-�L Disc:Iasure. Nolwithstand:in�l any hing to llhe contrary containcc in this IJease, this Llcase may be disalosead to any board, official, afficer, party or persan as Landlord or its eaunscl may delermine :is necessary, including entry into anN public regard and disc:Icasurc at any public m e el ing car hearing. 294:111 17.1 114 IN WITNESS WHEREOF, the parties have caused this Lease to he executed by their duly authorized representatives on the day and year first above written. LANDLORD: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk TENANT: RURAL/METRO CORPORATION, an Arizona corporation I </ /'V� Timotl4J. Doni, OO f 46 2445817.1 15 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 6115/2017 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: Grady E. Miller, Town Manager REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of changing the Town Council meeting day and time beginning in August of 2017. Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Staff Summary (background): For several years, the Town Council has held its meetings on the first and third Thursday of the month. In light of the fact that the Town Council meets on the last day of the work week, staff is unable to officially follow up on Council agenda items or citizen requests until the following Monday. This wait causes a delay of almost four days after each Council meeting for staff to complete critical items or follow through. In discussing this matter with the Mayor and staff, the concensus is that holding the Town Council meetings on a Tuesday (preferred evening) or Wednesday evening would significantly improve productivity and responsiveness to the Town Council and citizens. In order to maximize this effectiveness, the Town Manager's department head meetings would be changed from Monday to the morning following the Town Council meetings. The Council actions taken the night before will be discussed at the staff meetings and the Town Manager will give direction to implement Council policies and other action items. As part of this recommendation, the work sessions would be scheduled on the off -Tuesday (preferred) or off -Wednesday so that the Town Council and citizens will always know that those nights are the official Town Council meeting days. In addition to proposing the change in meeting nights, staff is recommending to start the Council meetings at 5:30 p.m. instead of 6:30 p.m. The earlier meeting time is still accessible to the general public but will also prevent Town Council meetings from going too late at night. If the Mayor and Council are agreeable to making these changes, then staff will implement the Council meeting changes for the Town Council meeting in August and bring back a resolution that officially amends the Council's Rules of Procedure. Staff will also publicize the new meeting days and times on the website, Fountain Hills Times, Social Media, and other tools so that our citizens will be fully informed about this meeting change. rage t az Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Budget Reference (page number): N/A Funding Source: NA If Multiple Funds urilized, list here: N/A Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Staff recommends changing the Town Council meeting start time and night of the week to Tuesday or Wednesday to improve productivity and responsiveness to Council actions taken. List Attachment(s): N/A SUGGESTED MOTION (for council use): MOVE TO APPROVE changing the Town Council meeting start times to 5:30 p.m. and Council meeting days to Tuesdays; and direct staff to bring back a resolution in August adopting the Council meeting schedule changes as part of the Council Rules of Procedure. Prepared by: Director's Approval: Ap roved: Grady E. Miller, T xm I pager 6/52017 P., 2 of 2 r , r� TOWN OF FOUNTAIN HILLS TOWN COUNCIL 2 AGENDA ACTION FORM 0 Meeting Date: 611512017 Agenda Type: Regular Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162, crudolphy@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RE -SOLUTION 2017-14 of the Mayor and Council of the Town of Fountain Hills, Arizona, LEVYING upon the assessed valuation of the property within the Town subject to ad valorem taxation, a certain sunt upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year begim-iing July 1, 2017, and ending June 30, 2018. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Since 1991, the voters of Fountain Hills have approved bond issues for paving roads, construction of the Library/Museum buildings and purchase of open space. The annual payment on the bonds (debt service) is repaid through an ad valorem property tax on all property owners in Fountain Hills. The FY2017-18 debt service payment is $2,120,950. The amount required to be assessed will be reduced by $227,256 for monies previoulsy collected (primarily as a delinquency factor) and the reduced amount of $1,893,694 will be submitted to Maricopa County to calculate the rate. Based on the 2017 limited property (primary) assessed valuation of $444,649,617, the tax rate is estimated to be $0.4259 per $100 of assessed valuation (compared to $0.4472 last year). Risk Analysis (options or alternatives with implications): The annual cost to a homeowner with a 'limited property (primary) assessed valuation of $300,000 would be approximately $127.77 Fiscal Impact (initial and ongoing costs; budget status): $2,120,950 Budget Reference (page number): pp 328, 333 Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve. Page i of 2 List Attachment(s): Resolution 2017-14 SUGGESTED MOTION Icor council use): Move to approve RESOLUTION 2017-14. Prepared by: NA Click here to enter a date. Direc e Appro roig u to y, Finance Director Approved Grady E Mliler, Town W Ipger 6/6/2017 Page2or2 RESOLUTION 2017-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS SUBJECT TO AD VALOREM TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018. WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") is required by ARiz. REv. STAT §§ 42-17151 and 42-17253 to adopt an annual tax levy based upon the rate to be assessed per each one hundred dollars ($100.00) of valuation of real and personal property within the corporate limits of the Town of Fountain Hills (the "Town"); and WHEREAS, by the provisions of State Law, a resolution levying the property taxes for fiscal year 2017-18 is required to be finally adopted on or before the third Monday in August and not less than 14 days after a hearing on the tax levy is held; and WHEREAS, the Town Council held a public hearing on the tax levy and adopted the Town's annual budget by Resolution 2017-13 on June 1, 2017, at least 14 days prior to the adoption of this Resolution 2017-14; and WHEREAS, Maricopa County is assessing and collecting authority for the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. There is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, except such property as may be by law exempt from taxation, a secondary property tax rate of $0.4259, or such other rate as determined by the Maricopa County Treasurer to be sufficient to raise the sum of $1,893,694, for the purpose of paying principal and interest on bonded indebtedness for the fiscal year ending June 30, 2018. SECTION 3. Failure by the officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgment or sale by which the collection of the same may be 2985113.3 enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 4. The Town Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Maricopa County Board of Supervisors. SECTION 5. If any provision of this Resolution is for any reason held by any court of competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed separate, distinct, and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 6. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, June 15, 2017. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2985113.3 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney