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HomeMy WebLinkAbout180320Po NOTICE OF MEETINGS r WORK-STUDY SESSION AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 4:30 P.M. — WORK-STUDY SESSION SESSION 5:30 P.M. — REGULAR SESSION WHEN: TUESDAY, MARCH 20, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2018\rl80320\180320a.doex Last Printed: 3/13/2018 11:45 AM Page 1 of 4 WORK-STUDY SESSION ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in- depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh DISCUSSION relating to the NAMING OPPORTUNITIES within the Town and a REVIEW of the Town's naming policy. 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 8 and February 27, 2018. z:\council packets\2018\rl80320\180320a.doex Last Printed: 3/13/2018 11:45 AM Page 2 of 4 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Cultural & Civic Association (Jean Linzer) to hold a beer garden adjacent to the Community Center, in conjunction with the Fountain Hills Dark Skies Festival, from 3:00 PM to 10:00 PM on Saturday, April 21, 2018. 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018. 4. CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Four Peaks Rotary Foundation (Samuel Coffee) to be held at the intersection of Avenue of the Fountains and Verde River Drive, in conjunction with the Fountain Hills Collector Car Show, from 11:00 AM to 7:00 PM on Saturday, April 14, 2018. REGULAR AGENDA 5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding an art donation titled, "Alignment" for display in Town Hall; an art donation titled, "Orange Sellers" for display in Town Hall, and an art donation of a southwestw landscape for display in Town Hall or the Community Center. 6. CONSIDERATION of the FIRST AMENDMENT to Contract C2017-096, with Somerset Landscaping Maintenance, Inc, for tree trimming and removal, in an amount not to exceed $50,000.00, for an aggregate amount of $100,000.00. 7. CONSIDERATION of PROFESSIONAL SERVICES AGREEMENT C2018-093, with AMEC Foster Wheeler, for storm water support services, in the amount of $33,270.00, with four (4) additional 1 -year optional renewals. 8. CONSIDERATION of RESOLUTION 2018-21, relating to the submission of the Town's application for the Arizona Lottery Funds allocation and use of proceeds for transit related expenditures. 9. CONSIDERATION of RESOLUTION 2018-23, amending and restating the Town's Personnel Policies. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING before the State Legislature. 11. 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. z:\council packets\2018\rl80320\180320a.doex Last Printed: 3/13/2018 11:45 AM Page 3 of 4 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. i.) None. 13. ADJOURNMENT. DATED this 8t" day of March, 2018. Bevelyn J. Aender, 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\2018\rl80320\180320a.doex Last Printed: 3/13/2018 11:45 AM Page 4 of 4 o NOTICE OF MEETINGS r WORK-STUDY SESSION AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 4:30 P.M. — WORK-STUDY SESSION SESSION 5:30 P.M. — REGULAR SESSION WHEN: TUESDAY, MARCH 20, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. 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 during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. z:\council packets\2018\rl80320\180320a.docx Last Printed: 3/13/2018 11:45 AM Page] of 4 WORK-STUDY SESSION ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in- depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh DISCUSSION relating to the NAMING OPPORTUNITIES within the Town and a REVIEW of the Town's naming policy. 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. 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. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 8 and February 27, 2018. z:\council packets\2018\rl80320\180320a.doex Last Printed: 3/13/2018 11:45 AM Page 2 of 4 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Cultural & Civic Association (Jean Linzer) to hold a beer garden adjacent to the Community Center, in conjunction with the Fountain Hills Dark Skies Festival, from 3:00 PM to 10:00 PM on Saturday, April 21, 2018. 3. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018. 4. CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Four Peaks Rotary Foundation (Samuel Coffee) to be held at the intersection of Avenue of the Fountains and Verde River Drive, in conjunction with the Fountain Hills Collector Car Show, from 11:00 AM to 7:00 PM on Saturday, April 14, 2018. REGULAR AGENDA 5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding an art donation titled, "Alignment" for display in Town Hall; an art donation titled, "Orange Sellers" for display in Town Hall, and an art donation of a southwest landscape for display in Town Hall or the Community Center. 6. CONSIDERATION of the FIRST AMENDMENT to Contract C2017-096, with Somerset Landscaping Maintenance, Inc, for tree trimming and removal, in an amount not to exceed $50,000.00, for an aggregate amount of $100,000.00. 7. CONSIDERATION of PROFESSIONAL SERVICES AGREEMENT C2018-093, with AMEC Foster Wheeler, for storm water support services, in the amount of $33,270.00, with four (4) additional 1 -year optional renewals. 8. CONSIDERATION of RESOLUTION 2018-21, relating to the submission of the Town's application for the Arizona Lottery Funds allocation and use of proceeds for transit related expenditures. 9. CONSIDERATION of RESOLUTION 2018-23, amending and restating the Town's Personnel Policies. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING before the State Legislature. 11. 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. z:\council packets\2018\r180320\180320a.docx Last Printed: 3/13/2018 11:45 AM Page 3 of 4 12. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. i.) None. 13. ADJOURNMENT. DATED this 8t" day of March, 2018. �oCU� Bevelyn J. Aender, 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\2018\r180320\180320a.docx Last Printed: 3/13/2018 11:45 AM Page 4 of 4 SAI TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 312012018 Meeting Type: Worm Study Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-815-5135 REQUEST TO COUNCIL (Agenda Language): DISCUSSION relating to the NAMING OPPORTUNITIES within the Town and a REVIEW of the Town's naming policy. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Municipal Sponsorships and Naming Rights Policy Staff Summary (background): The Town of Fountain Hills Municipal Sponsorships and Naming Rights Policy indicates that town facilities and roadways are eligible for commemorative naming when certain criteria are met. A majority of criteria are designated for posthumously recognition. However there is criteria that permits renaming when the value or merit of said candidate is so great that is translates to more than half the cost of the facility to be renamed. Renaming of Town facilities requires Council approval. In this discussion six plazas, or sitting areas, along the Avenue of the Fountains have been identified as potential areas for future naming. Each plaza has a distinct area and is easily defined. If and when the Council approves naming of the individual plazas, a commemorative plaque would be installed to designate the honoree and their contribution to the Town. Other Town properties or facilities that may be considered for future naming include ball fields, classrooms, or ramadas. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): recognition, and installation. 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 Recommendations): Commemorative plaque, other signage or Page i of 2 List Attachment(s): Town of Fountain Hills Municipal Sponsorships and Naming Rights Policy, power point maps SUGGESTED MOTION (for Council use): Prepared by: Director's Appr a? Rachael Goodwin, o m ity SeMces Director 31 212 19 AP ¢4 umay E. Miller. TOW ana r 3113/2018 Page 2 of2 Nami Work Studd on ng Rights Policy and Locations Review of Avenue of the Fountains www.fh.ai,gov `/i��dl if ltiio Nami Work Studd on ng Rights Policy and Locations Review of Avenue of the Fountains www.fh.ai,gov TOWN OF FOUNTAIN HILLS MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY D. Donor Naming. Facilities and Streets may be permanently named for an individual Ialive or deceased), organization, or business if that individual, organization or business has made a donation of money, land or other goods and/or services to the Town equal to at least half the full cost of the Facility or Street, either for purposes of developing a particular Facility or Street or for the Town's Capital Fund. Such arrangements will be called "Permanent Naming." Permanent Naming proposals that are not in accordance with Section 4 of this Policy shall not be considered. www.fh.az.gov Avenue of the Fountains PLAZA 'B' WATER FEATURE - SEAT WALLS -1 09 RACK - I IRASN RECEPTACLE PICNIC AREA - G STT. TABLE I ACCESM TABLE WATER FEATURE - I TRASH RECEPTACLE - I ODD 'SP N SPLASH' U �j 9 Id U PLAZA'A' PICNIC AREA WATER FEATURES - I SHADE SRCrvRE 'GARDE "'L"' .. - R SID. i AvmuePbnlP9 - I STT. TAM - I ACCESIMI[ 1 7ypelPGfik I READ GAME TABLE ' I IFADN f2(FPSA 3331 KB - SEAT WALLS -I I Rmmoca lAl i TAMING FOUNTAN PET a I TRASH RECEPTACLE WA51F - I ONE RAO( STATTH AVENUE TOWN CLOCK FUTURE' WATER FEATURE BENCH 'FUTURE' 4''nol AVENUE OF THE FOUNTAINS EAST MEDIAN Avenue of the Fountains PLAZA 'B' WATER FEATURE SEAT WAS EIXE A • I ADAM R[faPSACLECIE PICNIC AREA - E STE Tw - I ACCEw nal[ WATER FEATURE - 1 TRAM RECFPnal - I BENCH 'SP N SKW PLAZA'A' PICNIC WATER FEATURES - I SHADE SIR - 2 SHADE SmCNRES Sm -1 SIO. TABLE - 1 ACCESSBa - I RdaA CAME IABIE - I WASH RECS -SEAT WALLS "I - 1 ma FUTO PET - 170 RECEPTACLE WASTE - I MKE TO STARON t`N1 17 0 wnvu oil u TOWN in FUTURE* WATER FEATURE BENCH 'FTITURE' J all 0 Q Q 'MiP- i p� ?g A r c` a AVENUE OF THE FOUNTAINS - EAST MEDIAN PLAZA 'f ART PIECE "FREEDOM' - SEAT WAULS - 1 TRAM RECEPTACLE F Q z f - Z 0 it R Avenue of the Fountains PLAZA "P" PICNIC AREA - I SIAM STRUCTURE -10. TAKE - I ACCE UE TAWS - I OTTO - 1 TRASH RECEPTACLE ART NODE 7UTURE' PLAZA 100 WATER FEATURE -1 SHAM STRUCTURES - I STU. TAKE - I TEAM CAME TAKE - I )WRIC FOUNTAIN - SEAT was AVENUE OF THE FOUNTAINS PLAZA "L' PICMC AREA I SHAM STRUCTURE - R SIE. TABLE I ACCE59KE TABLE I MASH RECEPTACLE - I BENCH WEST SECTION • VERDE RIVER DR TO LA MONTANA DR PLAZA "C' WATER FEATURE - SEAT WAIS - I MORE RAC( 1 TRASH RECEPTACLE AVENUE OF THE FOUNTAINS -WEST MEDIAN PLAZA "E" ART PIECE "FREECON" - SEAT WALLS - I WWI RERPTACIE I C Q Z F IZ L 9 R Avenue of the Fountains PLAZA "P" PICNIC AREA I SHADE STREW - R SIO. TABLE I AMESSM TARE - I BENCH PLAZA "C" WATER FEATURE - I SHADE SWYCNRBS - I SN. TABLE -1 ROUYO WE TAM - I BRNRK FOINTAOR - SEAT WALLS - 1 BRE RAIX - I TRASH RECEPTACLE PLAZA "L" PICNIC AREA - I SNARE SMMRE - 1 sm TABLE - I AMORE TABLE I RASH RECEPTACLE - I BENCH PLAZA Or WATER FEATURE - MAT W.ULS - I RNE RACK I (RASH RECEPTACLE WEST SECTION • VERDE RIVER DR TO LA MONTANA DR RESOLUDICN 21CI1E-2I8 A RESOIJUTION OP T1HE MAIYIOR AND C OUNICIIJ OH THH TO" OF FOUNTAIN HILUS, ARIZONA, ADOPTING T1HE T1OWN OH HOUNTA.IN HIIJIIS MUNICIPAL SPONSORSHIP AND NAMING RI C HT15 POLICY, AMENDHD ANI; RESTATED DEC EMBER 1 _`I, 2016. WHIEREAS, llha Mayor and Counail afl tha Town ofl Fountain Hills (tha "Tlowri Counail"' has dellarm:inad that it is :in the Iasi inllarests of tha c:iliaans afl Haunlain Hills ala asllablish a formal procacura and critaria fbr 1ha raceipll or saliaitalion of, saleation afl, aric appiaemiants with parsons or ant:itias fkir muniaipa:l sponsorships, aa -sponsorships, sola sponsorships and miarkelling arrangements (:including faailit)l naming rights;; aric WHEREAS, 1he Town Counail approvad Resoludon No. ',1014-36 on Augusl i, 2014, adapling the Town of Hountain Hills Municipal Sponsorship and Naming Righlls Poliay (tha "Existing Naming Pal ia}I"); and WHEREAS, tha Town Counail dasiras to amand and rasilata the Existing Naming Paliay to amend 1he pracedures ftir spacial avent fea wiaivars. NOW, THIEREFCRE, BE I'D RESC11VED BY THH MAYOR AND COUNCIL OF THH TOWN OF HOUNTA IN HIIJIJS as frillows: SECTION 1. The recitals above ara heral y inaarplarated as :iflful'IN sat forth I are:in. SECTION 2. The Town afl Fountain Hills Muniaipal Sponsorship and Naming Righlls Policy, Amandad and Restaled Decamber 11-1, 20:1 E, is heraby adopted in substantially tha form and sul stance atllaahad harato as Exh:il it A and incorporall ad harain by ref Liranca. SECTION 3. 1fl any saction, subseclion, senllanca, clausa, phrasa or parlion of this Resolullion or any parl afltha policy adoptad harain by rafbrenca is for any raason to ba Iald invalid or unconslitulliona:l IN 1he dacision of ariN court of aamipetant jurisd:ict:ian, such dacision stall not afflact the validity ofltha ramia:ining portions tharaofl SECTION 4. 'Ilhe Mayor, llha Town Manager, 1ha Town Clerk and tha Town Attorney ara heraIN authorized and diractad to laky all steps and execute all documents neaassary to carry out the purposa and imlant oflthis Resolution. 051IGNATURES ON FOIIIJOWING PAGE] 333a989.1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 15, 2016. FOR THE TOWN OF FOUNTAIN HILLS: bdida M. YavUagh, May - REVIEWED BY: NAS Grady E. Mille C; Manager 2830989.E ATTESTED TO: a.% w _i f air APPROVED AS TO FORM: ( k��n' An rew J. McGuire, Town Attorney EXHIBIT A TO RESC IJUIJION 10 16-3 8 [Municipal Sp ansorshipl and Naming Rights Holicy, Amendeld and Mestaled Dleclembav 15, 2016] Sea followinEl plagas. 2830989.1 TOWN OF FOUNTAIN HIILLIS MUNIC IPA L SPONSORSHIP A ND NA MING RIGHTS POLITIC Y Amanded and Reislatcid Deaambar 15, 2016 1. Purpose. 'Ila establish for the Tawn of Fountain Hills, Ailaana (the "Towns") a fbrmial procedure and crilaria for 1Iha raceipll or solicilat:icin of, scleetion aft and agraemeints with, peirsans or eintilies fbr Muniaipal Spansorships, C a -Sponsorships, Sale Sponsorships and Markatiing Arrangemeints, ([including Facility Naming Rights,, 1he following Municipal Sponsorships and Naming Rights Policy (this "Paliay") is hereby adoptad by the Mayor and Caunail cif the 'flown (the "Town Council"). This Pol:iay is :inilended to seit f6rih the process for 1he Town to part:iaipale in Municipal Sponsorship, Co -Sponsorship, Solei Sponsorship and Markating A.rrangemeint praplrams to giva valuables support to importar. 'flown programs, fticilities and sarviaas for plublia bcinafiil by (ji) providing funding fbr'Ilown eivents from plrivatei lusincisses and (Iii) allowing llfe Tawn la partnar with aativit:ieis provided by aulside cintillies. In daing sa, tha Town must cir.isura its actions arca consistenl and appraplriata to 11 a Tawn's vision, missions anc values. This Poliay :is r.ial intendeid lla apply la Bequasils or Donallions (aach as dafined below). This Policy shall: A. Hstablish Proacidures. Hstablish consislant procedurcis and pracilicas fbr rciaeipl ali soliaitat:ian of Municipal Spansorships (as defr.ieid below), Co -Sponsorships (as dafined balow), Sola Sponsorships (Jas defincid below) and Markcting Ariangamenls (Jas defineid below; by Towr.i staff[ B. Hnaourage Spansorships. Hnaouraga soliaitalion of Muniaipal Sponsarsh:ipl opportuniilies such as Facilit3l Naming Rights, Sale Sponsorships, Co-Sponsarsh:ips, Markeling Arrangements and similar agrecnnenils 11f at geneiratei revenuci (Ifinanaial ar in-kind; in support of exisling and nciw Town fficilitieis, prajeals, praplrams or scirviaas. C. Hnaourage Partnerships. Davelop public/private alliances to provida programs, eivents, venucis and survicas within the Tawn. D. Hnaourage Staffl Innovalion. Bmpowar Town c eipartmienlls to seak Muniaipal Spansorship, Co-Spar.isorship, Sole Sponsorship anc Marketing Anangamenl opportL nit:icis to plravide funds for praplrams, evenlls, venucis or sarviaas thay miplll noel otharwisci be able to plravide lo 'flown residents and visitors. B. Safeguard Town Inteirests and Goals. Hnsurei thal Muniaipal Spansorship, Co-Sponsarsh:ip, Sale Spansorship and Marketing Arrangamanl acilivillies (1; safbguard tha Town's asscits and inteirests, (2) support tha 'fown's goals oft service to the commiunity and (3) remain responsive to the public's necic s and v aluas. F. Hstablish Naming Framework. Prov:ida a framework within which raclueisls to name public faailillies are considerac and evalualleid. 2189798.4 2. Scope. This Aol:icay shall govern al 'flown departmants regarding the soliciiilation of, and the unsolicillad offers/raquests from 1Ihird parties related to, Municipal Sponsarshlpls, Co-Sponsarsh:ills, Sale Sponscuish:ipls am Marketing Arrangements fbli Town programs, projacts, events, venues, fhciliilies and sanicas. Municipal Sponscarsh:ip, Co-Sponsarshlpl, Solei Sponsarsh:ipl and Markaling Anangement so.licillat:ians shawl be in furtherance of thea Town's neacads and conduclled in accordance w:ilh lit ea prov:is:ians in 1Ihis Aoliay. All Town staff responsible for, or calherwise involvac in, Muniaipal Sponsorship, Co -Sponsorship, Sola Sponsorship am Markeling Arrangamant aalliviiJes an bahalf ofl1lte Town or their raspaat:ivea cepartmemis sl ala adhare to the pcaliaies, procedures and guidelines sat forth harain. A. Third Aarty Scaliaitalion. Sutjeall Ila 1I1e conditions of this Po:licy,'Down stafflmay sol:iait ar rasplond ala solic:ilations from lhird parties for such Municipal Sponsorships, Co -Sponsorships, Sale Sponsorships or Markealing Arrangements fcui thea Town. B. Fair Compansalion. Al all times, recognillion for Municipal Sponsorships or Markating Arrangements musil be evaluated to ensure the Town :is receiving fair and corrpatitiva compensat:ian and that such recognition is aansistenl with the scale cafleach Sponsor or Markating Arrangement's acmtlibutican. C. Oulsk a the Saapa of this Rolicy. 'this Aoliay shale not apply to: (I1; Funding obilained lhraugh fbrmial grant programs or through intergovernmental agreements with other polifical subdiv:is:ians of the Stale. (13; 'flown support aft external projects where the Tawn provides finds to an aulsida organiaalJon (examples inalude, tut are not lirritec 1o, granls to Ncanplicafit Organizations). (13I; Gifis, Bequests, or unsaliaited Donailions to a Town department or the 'flown where na reciprocal aomlmeraiaa tenefill is given or expected am na Ius:iness real aationship exists. 3. Dcafinillions. Bequeist. A gift or aontribut:ien of cash, gacads or services given volunlarily and axpressad in writing through a will cr other tesilamenlary c acumenl. Co -Sponsorship. Parliaipatican by the Town (via direct funding, waivec fees, slaff coordinalion cli technical assistance; in an evenl 11at is prauided t y an owls: e enlity and 1Ihat is alosaly aligned wilh or filrlhers a acre 'Hawn program car service. Donation. A gift or contribution of clash, goods or services given vo:lunlar:ily toward an evenil, prcjeal, program oli corporale assO where na reaiprccal commercial tenefil is given er expected. lfl reciprocal commercial Ianefils area given or a business realationsh:ip exists with a corporals donor, the contritulion wile tea a Municipal Splansorship, Co -Sponsorship, Soae Sponsorship or Markating Arrangement, as appl:iaable, and the principles of lhis Policy will apply. 2189798.4 2 Facility Naming Rights. The naming of Town -owned and/or aparatad buildings, slructuras, natural featilres and racreational facilillies, whethar in whale or parlions lhereafl (hawaf ar raferrad to individually as a "Aac:ilit)j" or collecllively as "Fac:ilides"), and slreals, roads a1i any publia rights-of�way I1hareafier reflerrad to individually as a "S1reel" or collaclively as tha "Streats") willhin tha corporate lim:ils of tha Town. Parlions of a llac:ility may have names oilhar than That aflthe antira Facility and feawras ma} ba dedicated Ila or in honor of a parson suah as "Smiiilh Beach" or "Jonas' Amphitheater," subject to 1Iha provisions of This Policy. In -Kind Coni nibulion. A contribution recaivad in 1he farm oflgoods and/or sarvicas rathar 11an sash as part of a Municipal Sponsorship, Cla-Sponsorship, Sale Sponsorship or Markelling Arr angamanl. Marldeting Annangeiment. A mutually banafrcial business arrangemiant batwean tha Town and a Third party, wherain the Third part) provides cash ancbor in-kind services to 1Iha Town in return far access to the commercial marketing potential associated with 1he 'flown. Marketing A.rrangamenls may incluc a Municipal Sponsorsl ip or Sola Sponsorship aft one or more aft lir e 11own's pragiiams, projects, evenils, FaeiLilicis or act:ivit:ias. Municipal Sponion9hip. A business relationship :in which tha down and anoilhar antity axchanga things aflvalua, inalud;ing a public cisplay aflsuppon. This valua can be financial, in- kind or bcncifits relailad to visibility/w�pasures, publ:iciq or market rciach. It should not la confusad with Donalions (as definad abovci , 1Iha sala of advartising or innovative approaches to plurchasing goods or services. Municipal Sponsorships incauc a funds, products or sarvices provided by a company or individual llo 1he Town, in eans:ic oration aft 11 ha appartunity for tha company or individual to prarriotc its name, produal or samica in conjunclion wilh a Town program, projact, avant, vanua or aclivily. Nonpnofit organisations. Organizalions des:i8nated as lax-cxampt under the Haderal '➢ax Coda. Sisten Agemay. Docal government cnliilies thal ara traditional pariners with 11a Town (:i.e. Fountain Hills Unifiad School District and Fountain Hills San:ilary Disllrict,. Mcquest for flnoposals ("'RFP"). An opan and competit:iva process whareby the Town inviles companies, subsidiaries or individuals to express 1he;ir intorasl in participating, and submil plraplasals to parliaipata, in Municipal Sponsorship, Co -Sponsorship, Sola Sponsorship or M arkating A rrangemant opportunities wi11 tha 'Ilawn. Sola Sponsorship. A business relationship in wh:iah a compan}, subsidiary or individual has plaid 10 I a ilha only Sponsor of a Town pra8ram, projact, aveml, vanue or activity. Sponsor. A aompany or :incividual thal provides tha Town wilh a Municipal Sponsorship and shat inters unto a Mun:iaipal Sponsorship agreamenl wilh the '➢own to promiole ilsalf ancLali its plraducts or sarvicas. 7189798 A Staudards ofl Plesponsibili ty. 'Dhei raquisitc standards to enteir into a Mun:iaipal Sponsorsl ip, Co -Sponsorship, Sole Sponsorship or Marketing Arrangamciril with 1he `Down. Faclars to be aans:ideired in determining whather 1he standarc s havci 1 Bien mcit include, 1 ul are not limiitcc to, whethar a prospcat:iva Sponsor: (i) has avallabla (or the alil:ily to olta:in; 1Ihei appropriate financial, miallarial, ciquipmenl, Faailily, personnel rasouraeis and eixpertisci rieicessary to indicate its capabilily to merit a:ll contractual requirements; (:ii) is able 1a comply wills raquirec or proposed daliver}l or performance saleidul:ing; (iii) has a satisfaclory reaarc oflperformance; (:iv; has a salisfaclory regard c& integrity and businciss ethias; and (v) :is qualif cid legally to cotnlracil will thci `Dawn. 4. Restriat:ioris. In ganeral, 1he foalowing industr:ias and produals are not cdig:il le for Muniaipa:l Sponsorships, Ca -Sponsorships, Sale Sponsorships or Markating Arrangemiants, inalud:irig Faail:ily Naming Rights, with the Town, but the `Down miay e:leict lla enter inlla Muniaipaa Sponsorships, Co -Sponsorships, Solei Sponsorships or Markating Arrangements willh lIheisei rcisllriclleid :industriias or produals whan ill is decimed appropriale Ey the Towri Council acting Jri its sale discrellion. A. Prohibilleid or Rcisllrictcid Procucits. A compan}, subsidiary and associat-ion wills produclls or seirviacis thal arc prohib:iled or neislricled Ey Town Coda or other gauatning laws aric po:licicis. B. Adult Producls. A company or subskiary whosei business is sulsllant:ial:l} derived ffami tha salci or manufocturci of lick acao plraducts, produals prohibilleid under f✓rideral caw or scixua:l) aduI I -ani eml cid products. C. Alcohoa Sponsor al Youth -Related Bvents. Alcoholic lciveragas when thci ;intencicc audience of or partic:iparits in the Mun;iaipal Sponsorship, Co -Sponsorship, Solci Sponsorship or Markating Arrangamarit zira youill under the legal drinking aga. D. Parties not Daemiad Responsible. Part:icis shat are not c eiemeid responsible under thea Standards of Rasplonsib;iIit}j. B. Partias to L:ili ag lion. Patsies irivalved in a :lawsuil with the `Down. F. Separate Contracls. Particis involvcc in any stages oft negotiations for a `Down contract unless 1Ihei canlracl :is direclly linked to a Municipal Splonsorslip, Co-Sflansorship, Sola Sponsarsh:ipl, Marketing Arrarigeimcnl or Faai:lity Naming Rights opportunity. G. Confliats oft llnlerest. Ind:iuiduals or commciraiall entcapriseis having past, prascnt or pcirw ing business agreements or assaaialions with tha Town, ifl a Muniaipaa Sponsorship, Co -Sponsorship, Sale Sponsorship or Markating Arrangement Agraemcnt wou:lc craalei an appeiarariae ofl:impropriely. H. Pending IJand-Use Approval. Parti cis w:ilh an active casei for any laric-Lisc1 appnaval before the Town. 2189798.4 4 I. Religious or Politica] Bnlities. Religious or political associations or candidatas running for any pol:iliaal office. Roles and Rasponsibilitias. A. RaspcinsibiIilies cif lTown Departments. Ill; Initiating Town Daparmenl. Tha initiating Town deparlmant shall (1a) ansura adharance to the principles and guidelines ciullinad :in this Policy, (b) prapare a proposal sellling f6rih tha scope aflthe program or projact as providec in Subsealion (IIA) below and Ile; work willh the 'Dawn Finance Divis:icn to ensure approprialla budgeting of ravenuas and axpandiaras and with llhci'Ilown AtIorney's Office to ensure tha inilagrillN of the procurement process and tha lagal suffic:iancy of aanlraetual oblidatians. Iia; Finance and Budgel. Tha Financa Division shall provida 8aneral gluidanea, aost/bencifit ana]Ns:is, and cireclion r laling to tha appropriate budglating of ravenues and expenditures in a mianner that maximizes the banefts oft eaah Mumaipal Sponsorship, Co-Spansorship, Sola Sponsorship, Marketing Arranglamenl ar Faail-43y Naming Righlls arranglamanl flor liha in:ilialing Town daparmenl, tha 'Down and liha Sponsor. (:I) Procurement. When applicabla, liha Town Manager or aulhorizad dasignae shall ovarsea the pnaparation of the RAP or alhar aompatillive scliaitalion for Municipal Sponsorship, Ca -Sponsorship, Sola Spansorship, Marketing Arrangement and Facility Naming Rights opporh:nit:ias. (4) Town A l torney. The Tawn A ttomq's Offi ca shall provida legal raview of any RAP or ollhar compatitiva soliaitalion for Municipal Sponsorship, Co - Sponsorship, Sole Sponscrshipl, Marketing Arrangement and Facility Nam:ingl Rights appartunitias and avajiseia llhci prepanaticin of all Municipal Sponsorship, Co-Spcnsorship, Sola Sponsorship, Markating Arranglamcnt and Faeilily Naming Rights aglraemants. (_` ) Town Manager. The Town Manager shall reviaw aal Muniaipal Sponsorship, Co-Spansorship, Sola Sponsonsh:ip zinc Markating Arrangement activ:ilies, including intaiiim raparls pravicad from Aima to time by Town deparlmcnls. Tha Town Manager also shall be rasponsilla fdr detarm:ining the fraquancy aft reports Ey Town dapartm ents. E . Procaduras. 'Ilha Town's par ic:ipation in Municipaa Sponsorship, Co - Sponsorship, Sola Sponsorship, Markating Arrangement and/or Facility Naming Rights activities shall ba acearding Ila tha proaadures sell forth belaw. For Municipal Sponsorships, Co - Sponsorships, Sola Sponsorships, Mankatind Anangements and/or Facility Naming Rights aurangemients initiated by liha 'Hawn, Subsciat:ians ((IA) — (C; slala appal; for Mun:iaipal Sponsorships, Co -Sponsorships, Sole Sponsorships, Marketing Arrandomants and/or Facilily Naming Rights arran8amanls initiated by anoilar person cr anlity, Sulsectians 6(B), (D), (E;, IIF) and ISG) shall apply. 7189198.4 A. Preapare a Proposal. A 'flown deparmient considering a pollant:ial Municipal Sponsarsh'p, Co -Sponsorship, Sole Sponsorship, Marketing Aniangeamenil or Facii:lity Naming Rights arrangernent shall preipare a proposal setlling forth thea scopes of :Ihei proplram or projeact, including a descripllion of 11a community Ieanef 1, financial goals, meaans of recaognition, poteantial i ratereasil ead Sponsors, and genearal rnarkel ing stral egy i fl a Markating Arnanij amerd -s invalvad. The praplasal shall ba suIrnitilad to 1he Deparlmenl Dirac:lor for ravieaw aanc approval. If FaciFly Nam -ng Rights are :involved and will resulll in a name cahange Ila an exisiling Fac:iliily, thea h'stary and Iegacay of 111 ea caurreant municipal Facility should be caonsidered and/or incorporated within 1he new proposed narne. All Facility or Streeat naming shall ba in accaordancea wilh 1he additional pracaedures set forth in Seacrt'ans 8 and 9 below. B. Estimate Value. If thea proposeac Mun:icaipal Sponsorship or Markeling Anangernant incluces Facility Nanning Ri8h1s or granting Sole Sponsorship, the D aplartmeant Direcator shall provide a reaasanable basis for cetenniin'ng thea valuea of the Muni aipal Sponsorship, Markelling Arranij amen] or Fac']ity Naming Rlghils opportunily. At thea '➢awn Manager's discrcation, as qualificac thirc party may be usead lo establish value. C. Davalop and lmiplernant Salicilailion. Zlhe applicaablea Town capartmenil, working with the Town Atllorney, shall dave:lapl an RAP fbr eacah Municaipa] Sponsarsh'p, Co-Sporisorship, Sole Sponsorship or Markaating Arrangamearil oppartunity va:luead grcaatear Than $l O,CICICI and all Hacility Naming Rights opportuni:lies and the most I eanaficial, qualificad response shall be submittead to Town Couricai:l with a reaammendation fbr approval. Town-ariginaled Municipal Sponsorship, Co -Sponsorship, Solea Sponsorsh'pl or Marketing Arrangeamenlls valued ail $ l O,CICICI or I alow and revenuea produci ripl or "no -cost" Muni caipal Sponsorship, Co -Sponsorship, Sola Sponsorship or Markeling Arrangement opportun'lies 1Ihat involve 1Iha provision of aammodilies ar searvicus provided either to the Town or 1he Fouwain Hills community 'n support of 711own operallions, fi:lncations or programs :Through which thea plrovidaar will I canefil monellari:ly, must be awardead using a compcatillive proceass thal is appropriale to 1Iha va:luea, caompleaxity and profile of thea business opportunity. Municipal Sponsarsh'pl, Co -Sponsorship, Sola Sponsorship or Markeling Anangemient proposals forwardeac to 11ea Town are not subjeacil lo caompellit'vea so:lic'lations 'fl 1Iha proposec Muniaipal Sponsorship, Co-Splansorship, Sale Spon:aarshipl, Markeling Arrangement or Fac']ity Naming Rights opportunit}{ is dcatenniined through a good fa:ilh effort to Tea unique and without iratereasilad compleat it ors. D. Hvalual e Submissions. The appF aablea Town deparl mens sI al:l reviaw and analyze all responsive sulrnitials raceaived and shall providea a racommaandation aft aplplraval or denial to 1Iha'Ilown Manager. 'flhe submittals shall be reVemad against selacilion cariteria 1hall may include, but are not lirniteac to: (1) Consi stenay of the prospecat'vea ew i ty's products, customears and promotional goals w'th thea Town's caharacater, va:lueas and servicea priorilies, inclucing thea mosl reacenlly adopted Town Counc- ] goals. (J) Thea ability fbr 1he'Ilown to retain its identity as owner, lopearailar of 1he Facility or prinaipa] providear of 1he service. 7189193A 6 I12r 'Ilhe prospocti v ei entity's hi sl orica l pari i c:ipat:i cin zinc association with ciommumity plrojecls, eaveants aanc acanlinued willingness to pari icaplate. 114; 'Ilhea operaling and miainlenancie casts to 1he Tawn aassociateac w:ilh 1he pncapcasec sponsorship. (-`l; Art:iaipaaled plul lic peraeaptican of 1ha association with thea Tawn and 1he prospeacativea entit)l and community supparl fbr, or ob'ecation to,1Ihea prospecat:ivca entityl. (6; Thea prospective entity's regaarc for zinc demionslratcad succeass in valuing divers:ily. (7) Thea prospaclive antily's regarc for arc demionslnatcac succcass in environmental stewardship. B. Develop Agrecamenl. In 111a eavenil a Muniaipaa Sponscarsh:ipl, Co- Sponsanship, Sale Sponsorship, Mankeating Arrangeamienl ar Facaility Naminpl Rlglhts praplasal is reacaomm. Banded ftir approval, II ha 'Hawn deapartmieant w:iI I work with the 'flown AtUorney's Off caa 11 a preapare an agreeamienl consislenil with al] applicable 'Hawn Codas, policaies and ardinanccas. Thea aplreaemient shall contain a prov:is:ican granting 11ea 'flown the right to suspend or tarminatea thea Muniaipaa Sponsorship, Co-Sponscarshipl, Sale Sponsorship, Marketing Arrangement or FaciliiIy Naming Rights agreement ifs in the solea discretion of the 'flown Manager or thea Town Council (whiaheaver approved 1he agreemieml;, 1he caontinucac arrangemcant would no langear satisfi thea seaeacilion ariteria by whial thea arrangemient was iniliaaly approved. B. Manager Revieaw; Council Approval. The 'flown Manager shall reaviaw all Municipal Sponsorship, Co-Spansorship, Sale Sponsorship and Marketing Anangemienll proposals and shall submiil Ica thea down Council fbr approval ala Municipal Sponsorship, Co - . Sole Sponscarshlyl or Markeling Arranglamenl Agreemenils (I) willh an aggrglate value greaatear than 11`1(1,000, Iia; involving 'flown caontr:ibulions, wheill ear in clash or as an In-Khinc Contribut:ican greater than $50,(1(10, (f involving a requesil to cease public accaess to a 'Ilown- owned facailily for more than anew cay, (4) involving events :lasting longer Than one weab (incaluding seal -up and Make -down) and (-`I; all agreeamients involving Faailiq Naming) Rights. Municipal Sponsorship, Co-Splansorship, Sole Sponsorship ar Markeling Anangeamienil Agreements nal identified in clauses (IF; (1; -(-`I) above ma} be approved by 1he Town Managcar. C. Recaorc Binancaial 'Ilransaction. In the avant a Municipal Sponsorship is recae:ivead as an In--Klind Conlributicm aflgaacs or services, the Financae Division shall careale arc reala:in a racaord ofllhat conation and any assacaiaaled revenue or expensea to 1he 'Hawn to documieniI the financial transacrtian to the Town. 7. Co -Sponsorship Reaqueasls. The 'flown acatively supports the eafftirts of organizalions, other govarnmeantal agencies and Sistcar Agencies whose events ara Ili) held in Tawn parts and Facilillies and Ilii) furihear Tawn acarea programa goads and services. Such support may include f6a waivers, reduccac foes, reducead rental chargeas and Co-Spansorship. All pearmill fea waivers and reductions, neduceac FacilitN rentals and Co-Spansorship agreaemeanls miusl camiply with 1he guidelines anc proaeadures set forth belaw. 2189798.4 A. Feiss. The Town chargas everyone a f6e to pormiit and have priority uses of any park, amanilly, staga ar rciarealion Bac:ililly. This fea is to aover extra operalional expansas assciaialed with tha use or evens and to guarantao the spaca for tha parmiitllea. Flaas are based upon tha purflasa and size oft lit a evens. Additional f6as are ahargad as sat forth in tha 11own's fea schedul a. B. Gonara] Raquiramients for Recucied Fleas. Tho detarm:inat:ian as to f6e redualions shall bo made by 1he down Manager ar the Town Council, wi:ilh tho authority for such rev:iaw dellarminad aacord:ing to 1he limitalions sat fdrlh :in Sufsoction 6(F; above. Faes for spac:ific groups may be reduaad as set f6r1h in Subsealions 11C; - (B) falow. All requests for reduaad flies shawl bo evaluallad will the follow:in�l aonsidarat:ions: Ill; 'Bha impact an Town stafflt:imie. (1�I; 'M a impact an Town vo.lunl aer resources. I131' 'Ma numibar c&evenls submiitlad par organiizallion or promoter. 114' 'M a dollar valuci of the f6e reduction. I1`I; '11111a orElanizat:ian or promotar's porfdrmianca w:ilh prior evanls, inaluding financia. roparls and avant outcomas. The Town may aaso consider 1ho organiaaticin or f ramoter's ovorala good stanc ing will hin 1ha commun:ily. C. Reduced Bees for Nonprofil Organizalions. Events sponsarad and sanctionad by Nonprofill Organ:izaticros (as cipf osed to simply parinaring or associalling with a Nonprofit C rganization) may la al:igible for reduced or wa:ivod f6as. Nonprofal Organizations applying for a Town permit cir Bac:ility rantal may be granted a recuction in foas if 1he following crit aria ara meet: (1; At tho lima of the raquasl for raduced f6as, tho Nonprofl Organizalion provides a copy cif 1he delarminat:icm letlar from tho ]IRS granling 1I1a Nonprofl Organ:izationtax-axempl status. (:I; Tho mission of 1he Nanprofit C rgamizalion does not aanf licl wilh 1he Town's regulations, mission ar policies. (-^I) Tho maijorilly of avant proaaeds d:istribuled f y tha organizer will b a cislributad lia emlit:ias within tha Town oflFaumlain Hills. (4) Tho proposad event is unique and distinct, willh the potential to I ring posillive publicity to 1ha flown. (_`I) A'll naaessary applications and relallad mataria;ls have bean pravided to 1ha 'flown for requirad Flormiills. 218 9198.4 g (6; 'Hhei Nonprofill Organi2iatiian permit-halder musl ramain ncisponsib:la fkir damagla f6cis and ollhar oasts, inaluding, but nal limiiilad ta, gcnara:I liability imsunanae, plaliaa coverage, playar/Warn Bias, aleatriaal Bias, :lights, avarnight security, conaassiicros, loi:lct/lrash serviiae agrceimcnls, fbncingl and any otheir addilliona:l nceids and aglrcemcnts plcrtaiining la tha evcnl. Damagla dcpas:ils arc never waivcc for cveints sanducitcd by arganizERions from outside of Ilountain Hills. Hvents at 1he Dlesev Mista Skate lark raquire an addilliona:l damiage deposit in add:ilion to 1Iha ragular park permit plracedurc. (7) Hxcept fbr Municipal Sponsarshipl Agrcamcnts, Ein} fee reductions fbr ath:Ieit:ic ficild permills shou:Id ba lim:iled to youth lournamcnts and eivents anly. Yaulh prognamis musl ba based in Fountain Hills and primiarily scrviei Faunlain Hills reisidenils. 'Ilha I armil-holder is responsib:Iei fbr the damage deposit and any athletic f eild lighl fLias. In addition 10 1ha requircmients sal fbnh abavc, the fol:lawing wi1:I recaivc favorable considcratian ane arc highly plrcfbrred: (1) Expcatcc attendance of miora lhan'ICICI. (2) Evcnls That ara free and open to iIhei publ:ia or fbr whiiah Faunlain Hills residcnls arc provided dissaLinls or plrioriq prising. (3) Innovative reigional miarkeling. (4) Evcnls thal gcneralle avernight stays in Fountain Hills. (5) Tha Nanprafit Organization is bascc in FaLinla:in Hills. D. Reduseid Aaes fbr C ommerciall or Privatei Pnomotar Evanls. llfl tha organizing bady is a commiarcial, privale, ar alher fbr-pnofl venturei, 1ha follawing criteria will be usad to evaluate a plollantial fee wa:iveir. Please nota: the criteria tedow are inlleinded to be minimums, but not comp:Icite, slandards for tha 'flown Ila consider a fie waiver; anly evinls 1Ihat mciet or cxcead thea fbllowing minimums will ba sansidarad: (I ) Events thal plravide national, radiona:I or silatc-wk ei cxposurc fkir tha Tawn and draw participants ftom those losat:ians. (2) Events with axpecled atlendanca (if 12,(l(l(l or miora. (3) Evin1 s thal Eira unique que and di sl i ncl , wi 1 h 1 he pal enil i as to bring positiiva plub licity to 1ha 'flown. (4) Events thal hava a dcfinabIla and measurable bcnafill to tha Tawn including, buil not l:imiitad Ila, miarkaling axposura, salas tax revanuci ane ovarnight shays. (5) The evant/programi should be apein lla thi public. 2189798.4 9 (6) The event/program shauld support the Town's aarei recreatian programs, rrimian and glaals. involveimanl . (7) The evcnt/plrogram shou:lc demonstrallei community prides and (8) The evenil/program shauld not have a reilidiowi or palitical purpose. (9) Pr:iarity should be given to eivents/plrograms thall support ar positiveily impact youth. (:I 0) The sponsaring organisation shauld c:laarly reicognize lhei Tawn as a co-sponsar (inaluding logo) on all materials and annaunaeimcinl„i associated with the event or program, subj act 10 the dawn's prior, written approval afllhe usa of the down logo or:lrademarks. The Town xray display :its bannars at a:Il ca-sponsared avents. E. Reducac Fam fdr Naw Hvcnts. Fountain Halls is an avant-fi-iend:ly destiriation; as suah, 1he Town saliaits and suppor s now evenil opportunllies. '111 a'Hawn looks to nurtura avants shat have :Icing termi plalential for areiating a positives impact fbr both tha avent organizers and Fountain Hi:Ils. I irsI time events often face financial difiEaultics with startup aosRs and alher initial expcnscis, and tha Town reicogn:izes the value of helping an eivent find ills footing. 'flhe Town has develloped a lierad sy�ilem for all event arijaniaeirs requasling in-kind suppart for new events. It is the wgpacil at:i an 1 hat events beicome self-supparl ing after this 1I hreie year support ayc:I ei. (I1; Year Ona: if appravcd, first yciar events may receive a feci waiver of upl to 1 CICI°/o of 'flown costs. (12; Year Twa: if aplplrovcd, icicond year eivents may recciive a flie waiver of upl to 5511/o of 'flown costs. (I3; Ylean 'flhree: if appraveid, thin year events may receiva a flie waiver of upl to 2T/0 of 'flown costs. All appliaants wile 1 a required to submil: (i; a detailcc damription of the event; (Iii) a pre -event ,iahedu:lei, budget and rnarkelling plan; and (iii) a dcRailed dcsaription ofI1hei fees rcquesRed to be waiver, in-kind eanlributions to be made by 1he Town ar aacomrnadationsi to be made by 1he Town ar ollheim. Fo:Ilow:ind :Ihei event, reic:ipients are requarcid to submil a past -event financial assessment. Evcn1 s w i I l noel be aull omall i cally "rencnvec ” fbr sul sequcnt yeiars; an appal i cal ion must be subm:ittcc fbr annual reviaw ane appraval. Feci waiveir deic:is:ians wile bei mads lel 1he person/enlity designaled in Subseiction 6(F) abavei. F. Ilegaay Even:ls. Foun:lain Hills hosRs saveiraa eivents annually that are reaagnized m pillars in lhei Fountain Hills Speaial Hvent Clalendali. These events have long slanding replulations in our community and have estallisheid an eivent foundallion for residents and gucislls al:ikei. Dua to Their long track records afl sucaess, lihesci evanls will have 1he privilege ofl operating under the guic elinas listed 1 clow. " Ilegaay" statrls is 1 asad upon continuous, 218 M L4 10 aonsislen:l operalion Ey the same antilly or organizalion. Ifl any astabl:ished "Legacy Event" ahangas c atas, format, implact area, organizar, or othar signif sant componcint, Lagacy s:latus wi.11 lei suspendad unlit a raview of the spacial avant can lei complatac t y 11t a 9placial Evanl C anon ittcia and tha glawn Manager. Legaay status may also ba forfeited. (1) Ran1a.1 Bias for Town plroplarty will be waived fcir Bagaay Events, howevar all parmiils, rental eoslls, anc othar :incurred flees mull ba paid by the organizer. (2) Lagaay Wants will still ba raquired 11a fkillow ala Blown Coda guidalinas ftir Spacial Evenlls, including permits, caadaines, 1lraffia aontro'I raquiraments, seeuliity, alaohol service, e1lc. Partiaipalling vancars will ba required to abida by Fountain Hills Business L:icenso raquiremants. Praaeads from Ilagaay Evanls must remain with or ba distributed to anti Iicis within Founllain Hiles. (3) Identificid Lagacy Events ara: Faunla:in Faslival: Organized IN tha Founllain Hills Chamber of Commarce; he'Ic annually on 1he seaanc fu1:1 waekend of Navamber; '➢hursday- Sunday fcirmiat. Tha Crem Fair: Organizad Ey tha Fountain Hills Chambar of Commarce; held annually on the 'Iasi full weakand ofl Fabrnaary; Thursday- Sunday formal. Okilobarfest: C rganizad by Fountain Evants, Inc.; head annually on the last weiekanc of Sciplemtar; Friday ane Saturday avaning form all. 911. Patrick's Day Calatration: Organ:izad E Foun:lain )Events, Ina.; hold annually on tha Sunday before March 11. C. Requests fbr Co -Sponsorship oflQther C ovarnmanls and 9islor Agancias. (1) If anollt or govarnmen11al entity or Sister Agancy Iji.a. Fountain Hills Unificid Sahool Disllricll or Founllain Hills 9amitary Disllricll; is only a supporting sponsor for anolher aulside arganiaat:ion,1hat other outsida organizallion still must apply fkm Town Co-Splonsorship. (1a; If anothar governmclnlaa entity or Sistar Aganay :is the primary organizer for a put lia program or event, generally 1he 11awn will grand a raquasl to be a co-sponsor. Ilike sponsorship of outside organizations, tha governmental enllity or 9is11or Agency stili is rasponsiblo fbr ail o11t ar costs assoaialed with 1he pragram or avant. (131; Me governn iantal enlity or Sister Agency ho ding the programa or avenl must ckiarly aaknowledge 11ha Town as a co-sponsar on all writllen materials assoaialad willh the event, subjaat to tha Town's prior, writtan approval of arty use of 11ha Town Jago or trademarks. 2189798.4 8. Facaility Naming Gcancaral Policiies. A. Raciomm eindations to 01Ihar Badies. This Paliay sl ould bei followod in reaview:ing or preparing 1ha 'Down's officiial aammcnls or rcacaommcndations to States, Fedcaral, and/or inilcargovernmcntal boards laking acit:ians regarcing geographic namias, naming or rcnami n8 of I Faoil iti cis or Streiets. B. Town Rcaqu asl; 'flown Claunoil Conskarallion. Thea Mayor, three members oft the Town Council, or thea Town Managar may rcaquost 1Iha naming or renaming aft a Facility or a Strecat. 'Dhercaaftcar, the Town Council shall c iscauss the requcastead renaming al a public miecating. C. Bond-Ainanacad Facilillies or Slrecals. Ha tanc-financead Facility or 91Iroell is proposcad or rcaquestcad Ila ba namcad or renamed, lane caaunscal must rev:icaw aric approve thea rcaqucasl or proposal t eafore aonsideralion at a Town Council mieeling. D. Putlia Nollicca. 'Dhe'Dawn Clouncail shall prov:icca aplplraplriatca publico noticca of any Slrecal or hlacaility naming actions :in aanjunction wilh alher agenc a itcamis for regularly- schedul ad miecol ings. E. Changes Ila Approvcac Names. Oncaa a namca has been affic:ially approved by 1he Town Counail, changas should bei strongly res:istead. A. Town Counail D:isarcat:ian. In all oases, thea Town Counail reservcas the righil to accaepil or reit acct any proposal to namia or renamie a &reset or Ilacaility, in its sola c iscarelJon. C . Town Managcar Dulicas. 'Dhe 'Down Manager, upon approval of thea namiing or renamiing acatian by 1he 'flown Counail, shall impleamenl namcas or name ohangcas oft Faaililicas or Strecals. 'llhe Town Manager shall notify thosea wha have submittead thea suggeaslion as well as other appropriale officaes and agenc:icas. Upon Town Council danial of a name or namca changea, the Town Manager shall notify those who raquestcad thea name ohangca. 9. Facility Naming Crillcaria. A. For Aaaililies and Strcaets Conerally. Recognizing that 1ho naming or renaming oft a Facilily or Strecat should tea approached caautiously with fhrcathoughil and delibaralion, thea following aritcaria are hercaty established: ]l1; 'Do au aid dup]ical ion, aanfils:ing similarity, or inapprapriateness, the Town Council, in caonsidering namca suggestions, shall rev:icaw ex:islling hlacaility and/or 91Iroell namies, as applicable. ]la; in naming Faai1ilicas and Strcaats, consideration shall be given to goographio lacaation, hislorical or caultural significancaa cmc natural or goologicaal foaturas. In lho construction oft a Faoillity, 1he addreass c casignation shall be used until the formal naming of 1he Faoillity. Whencau ear plossibla, naming sl all be mac ea prior to thea completion aflaanstruotion of a Aaail:ity or 91reel. 2189198.4 (3) Faci:lit:ieis and Stracits may be named only for a dacieasad individual or individuals if lji', 1Ihei individual car individuals has/have enhancied the quality of lifer within the Town and (ii) twca ycaars or more has elapsed batu Bien thea acansideration far naming and the lima of dealh of thea individual or, in Urea case of re:latead individuals, tua ycaars aftela the death cafl cane of thea individuals. 'Ma decaaased :individual shall havea pearfOrmed cuilslanding service in one ala mora of the flCillowing caateagories: (a) Maintained involveamient :in a leadership rade in aivia organizalions that are davotad to community improvemiant. (b) Provided assislanca to thea undearprivilleaged, eaanamiiaal:ly disadvantaged or physicaally anct ole mentally handicapped. (c) Acalivcly promolad and direcated communit}l events and acrtiviticas thall have clearly added to thea enr:iahmenil of the quality and quamlity cf cu:ltura] lif✓r w:ilhin the conuraunity. (d) Acalively promaled and imp:lemenled effecalive programs ane acalivilies w:ilhin the community fcua the 'Hown's youth. (a) Acalively promaled and imp:lemenlad effeclive programs and acalivilies w:ilhin the community fear thea Town's senior aillizens. (1f] Assumiad an acative leadearship role in developing ane implemiant:in8 programs cirecled to thea impro'vemcnl oflthe'visual aesthelia appearance aft thea cammunitN al :Thea caommeraial, pub]ia or residant:ial level. (18; Assumad an acative leadarship role in developing programs and Facai:lities directed ilaward the improvement of caammuniq sacaial and hea:llh needs as wall as pra€Trams d:ireacted ilaward humanitarian purposes. B. Additional Criteria Applicaab:le to Straerts. In caonsicaring lira renaming car naming cif la Hired, the Town Council shall caonsider the fallowing: (:I) Street names, pla:ls, spec ifia sites and placaes and natural faatures ind:icaalled on general usage maps for 50 Nears or more (age cri:leria appliead by the Nat:icanal Ragislar of Hislorie Placaes) should be ahanged only under excaaptional c:ircaumstancaes. Slrecl names shall not be s:imii:lar in spelling car pronunciation to a presenilly-existing majala col:lectcar ar arterial roac in the Phoen:imi Mlelropolilan arcaa. No Sttecl shall I named by number only according to:lhea slreel numbering grid (:i.c. 150th Sl real) un. ass the SI l reel fol l ows a stra fi ght nail h-sou:l l al i gnment . (1a; Atlention should be paid to ma:inlaining sequant:ial, numeriical and a'IplhEbetical naming platterras when consideriing any 911raet name changes or add:ilions. All Slrecls shall bei narricad and numbered consislently wilh the County -wide strcaet numbering systema and no such name or change of name shall lake effecat until 11a) the affecated public safety agencies have bean notifed and 11Y; a:l] :impac:lad public saf6ty 21EML4 14 dispailah mapls haves been amendead. An} eaxtens:ians of prosenlly-exis:ling Slreals w:ilhin or into 11 a 'flown shall boar thea samea names as the existing roadway. No 91Irael namia shall contain a ham onym. (13;Neaw 91IraeVs shall be namad acicord:ingl to the folaaw:ingl guidelineas: Ija) iln miosl cascis, thea 91reel namea will ba proposed by 1Iha property ownear, rev:ieawead by the Town staff) and approvead by 1ha Ilown Council as part of its cionsideralion aft a final plat for a developmant w:ilhin 1he Town. (b; If an unnamead privalla Streeal is ded:iciatead to thea Town, 1ha riamea may ba suggeaslad ty the property ownears theareaon, but 1he'Ilown Council shall miakea thea f nal c atearmiinal ion. (4; No Streaat ,ihala be renamied unles:a: (a; 'Hhea new Streeat name :is noel ona already well-known in 1Iha Phoeanix matropo:litan arena. (b) Theare ara no IJar very f✓raw; tuild:ings or alher addressead Faciilit:ias presently cmiisling along the Slreeal. (a; Thea now Streeal riamea will not ba ciarifilsead with othear eaxisting Slreeals in the Town. (d) Thea naw 91reel name shall not be 1he samea as a speciffla living person wiVhin 1Iha Phoenix Mellrapalitan area. C. Historicaal Refeareancea. Changes aflnarrieas for Haaililieas ar Slreeal.a slauld tea approved only when that' do not violate hi;Roriaal ar commori usage names. Aaaililies and Streaets may be namied after reaseaarch reavaaas that 1ha araa araLnd 1he Aauilily or Slreeal has bean ciommanly, yat unofficially, nameac by 1he residents in the arena. D. Donor Naming. Facilitias and Slreeals may ba plearmaneantly named for an individual (alive or c eaceaasead), organizallion, or business if That individual, organization ar t usineass has mac ea a donat ion of l monea} , land ar othear goods ands or servi cies lo lit ea 'flown equal 11a at lciast half) the full cost oft 1Iha Faciliil}l ar 91Ireaet, either fl,r pluglases of developing a particular Haaility or Slireaell or for lit Tawn's Cap:ila:l Hund. Suah arrangleameanls will to aallead "Permianenl Namiing." Permianenil Naming) prapasals thal area not in acicordancia wiVt Seaction 4 of This Policiy shall nal ba aansidared. 2189198.4 I` Meeting Date: 312012018 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; 480-815-5115; 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 February 8 and February 27, 2018. 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 archiva9 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: NA Recommendations) 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: &Qbr_51&� Bevelyn Bender, Town Clerk 3/1212018 Approved: r I Ltt_r �, 'i * -�v rady . Miller, T Ma ger 3/1212018 Page 1 of 1 0�i � TOWN OF FOUNTAIN HILLS a� TOWN COUNCIL r 'low. AGENDA ACTION FORM ArO ��hat is A�'ti Meeting Date: 3/2012018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain I -lilts Cultural & Civic Association (Jean Linzer) to hold a beer garden adjacent to the Community Center, in conjunction with the Fountain Hills Dark Skies Festival, from 3:00 PM to 10:00 PM on Saturday, April 21, 2018. Applicant: Jean Linzer Applicant Contact Information: Owner: Jean Linzer, Fountain Hills Cultural & Civic Association Owner Contact Information: Property LocatioE. Glenpoint Drive, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Jean Linzer representing the Fountain Hills Cultural & Civic Association, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event 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): 'N/A Funding Source: NA If Multiple Funds utilized, list here: Budgeted;. if No, attach Budget Adjustment Form: INA Recommenclation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Applicaltons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented Page I of 2 Prepared by: 2ror€yovar ecreaTNanager 2/27/2018 Director's Approve Rachael Goodwin, C mmu ty Services Director D27/2018 Ap oved: Gretly Miller, Tp A `lager 2/2]/2018 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 2/27/2018 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Attached is a Special Event Liquor 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 on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Cultural& Civic Association Applicant: Jean Linzer Date(s) of Event: April 21, 2018 at the Fountain Hills Community Center and Centennial Circle Date Application Received: 2/26/2018 Town Council Agenda Date: 3/20/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore x Fire Department Jason Payne Law Enforcement Mark Fisher Licensing Sonia Kukkola x Street Department Justin Weldy X Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, A7 85007-2934 wwrw.azliquor.gory (602)542.5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only fOR DLLC USE ONLY Event Date(s): Event time start/end: CsR: Ucense: 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 existing liquor license, this application must be approved by the local government before submission to the Department of Liquor licenses and Control (see Section 12). SECTION i Name of Organization: Fountain Hills Cultural & Civic Association Name of Licensed Contractor only (if any): SCS Non-Profit/IRS Tax Exempt Number: 86-0358244 SECTION 3 Event Location: Fountain Hills Community Center a Town owned facility Event Address: 13001 N. LaMontana Avenue, Fountain Hills, AZ 85268 SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Linter Jean LastFin# Middle date of Birth 2. Applicant's mailing addresm Glenpoin# Drive, Fountain Hills, AZ 85265 — Street city state Zip 3. Applicant's home/cell phone: Applicant's business phone: IN/Al 4. Applicant's email address 1, (Print Full Name) Jean Li nzer declare that I am the APPLICANT filing this application as listed above. I have re d the application and the contents and all statements are true, correct and complete. X Secreta ry Z Z l Signature Me/ Position Da4 Phone Number The foregoing instrument was acknowledged before me this U ,/v a � t Day Month Year State �-i int z a.,r County of 661 Rf cc My Commission Expires on: 1 �� [late Signature of Notary Public OEL CARON 9/12/20) 7 Page 1 of 5 V tnj Comm, Expire _._,,27, 2018 Individuals requiring ADA accommodations call (602)542-2999 SECTION S. regarding the application for a special event permit: The Officer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S. § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful, Candidate: Name Office Month/Year (2) 0 The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 501 (C) of the internal revenue cede of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all, following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501 (C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the fRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The Organization is not aware of any action taken by the IRS to revoke, suspend, or otherwise eliminate their Eligibility under 501(C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, {^�guidelines and forms that are eligible under 50T (C). The Organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501 (C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. I, (Print Full Name) Jennifer W. Willigrod declare that l am an Officer, Director, or Chairperson of the organization filing this application as listed above. l have read the application and the contents and all statements are true, correct and complete. X ' ., 7President 42,14 l $ Tide/ Position Dale Phone Number The foregoing instrument was acknowledged before me this _ Yzi 1A 'i -2-0 Day Month Year State ay_Z_I x_n N ,q County of Lta a2i c4 Prq- f nny Commission Expires on: ! 7' P DEL CAROM l - . n a Date Signature �f lc Maricopa 'aoun,y • My comm. Expires Octel, 201 SE TION A Will this event be held on a currently licensed premise and within the already approved premises?❑Yes ✓ No (if yes, Local Governing Body Signature not required) Name of Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 Phone (Include Area Code) SECTION 7 How is tl' is spElclial ev ant going I cioriduci all dispensing, serving, and selling of spiritL oL ! liqL oris? Please rElcld R-151- 318 -lSI- 318 fare explarlaiion chic check one of il-e hollowing boxes. Place license in rion-L s e ❑Dispense and serve all! Klidicocs ligcor9 c ric en retailer's license EJlDi! pence and serve all spiriiLoLs liquors L ric en special ev Elnt ❑I11plii nr iise t etvveen special ev Eint and retail location (III USING RETAIL LICOM IE, PLOA S9 SU OMIT A LETTER C IF A GRBOMENT IIROM 110 A GONT) OWNER OR 1WEI LIC ENSIED PREMISIEL l TIO SIU! IPshiD OF RUN CONC LRAENII WITH THE FIEFMANEW11LIC EN!IE DURING THE EUENA IF THO SPE CIA L EVENII IS ONLY U;IING A FORM N OR THO PRBMNIESi, AGIENVOWNOR WILL NEW TO ! LU' POND THA T PORTION C 11 THE 11AIli SECTION 8 What is the pc npose of il-is eveni�l E1I0n--site consc mption [Ddfl-site (aL ction/wine/disiilled 3pliriis Klcll) ❑ O-11 SECTION 9 1. Has the applicant been convicted of a felony, an r ad a liquor license revoked within the la! t fiv Er (9) years? ❑Yes EV INo (ifyei, anacd explanaf inj ].How many special evens days have been issued io tf is orclaniaation c c Hing il-e calendar yeciO ITHerumbencannaieDcam (1ca)spenyean.) 3. Is f a organization using the 3Elrvices of a licensed coni nacior or other person to manage the sale or service o1 aloof' oNI ❑les aO (11 yes, mull k a lioensec aortracion of licensee of series 6, 7, V , of 12] 4. Lisi all peoplEl and organizations wfe will reeEINEI the cprocEleds. Accocrit fon 100% o1 the proceeds. the organisation applying muss receive 35%0f it EI gross rElveni,.es o11Fe special eN ent liquor sales. Attach an addiiierial page it necessary. Namie Four tc in HME C L Iturall and Civics ASSIOCialtior Renceriiage: 1000 0 A ddness Name A do Hess sheei cli Rarlcentage: Side 2 p Please ii A.R.S. § 4-SIC13.02 Special evens license: rules and R19 -1-5(I5 Reauiremenis for a Special Event License, Note: All All CIOHOLIC I! EIVEIRAGB SALESI NIL Sll BE FOR CONSUNIF111ION All THE BVBNII 511119 ONLY. •_ Milli =071 144 41A J*i1liW 5. What fyjpe of security] and control rriecsL Hes will yon lake io preverii violaiiors oil liquor laws ai ihis eventO jUsi N pie anic n u rribem of plalicie/seau nliy plenson niel and type of Ilen cir g on canfi of bowl ems, 11 appilicab le.) 2 P L rriben of ROIiaEI Nurniben of Seal nityj Rerlsonnel [IFericing ❑I9arriers bIplariaiion: SEIGurityr will be prii:IMCE1d ty Off 01i POIICEI Officers 91I1Z12a17 PadEi 3 cif 5 IridNiduali HEicluiring ADA aaciorTirriadafians ciall (6x2)&2-291 9 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4.249(15) and (17) for legal hours of service. DAY 1: DAY 2: DAY 3: DAY 4: DAYS: DAY b: DAY 7: DAY 8: DAY 9: DAY 10: PLEASE FILL OUrA SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE' DAY Date 04/21/18 Day of Week Saturday Event Start License End Time AM/PM Time AM/PM 3:00 p.m. 10:00 P.M. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 individuals requiring ADA accommodations call (602)542-2999 Fllease conllacl Me local 5laveming board for addit'onal cippliciaficin requirerrenM arlc submission) deadfinles. A c dHicinal Gaeinsing fees rray also bei required beifonel approval rray be gicrilled. Far mcire information, please condacll your local Jurisdlctbrl. SBC1110N 12 Loccl I Gc veiinir g Body Approval Secf on. Dale Received: 11 1, Iiecommeind ❑ARRRCIVAL ❑ DISARPRC�AL IlGoveimmieni Official] (Tire] On L& all of IClity, Tawn, Claunty] sic nature Date Phanel in I AC110N 13 For Department of Liquor Ltcieirses and Corltral user ❑A RPRCIVAL ❑DISA RPRCNAL Blr: DAlO: —J—J A.R.S. 141-1020. Invalidity cif rulers rich mac a acciandina la this chapter: Prot ibiled agericy act cin• prohibited accts by stclte employees; eniorciemerlt: noticed S. A n oClEiricly shall not base a licensing decision in whole an in part an a liclelnsing reigL inemerrl on corrc Mon th cli it not speciflcally authorized bN siaiuie, rule on 9latei tribal gaming acmpact. A C-Priaral gnani of auihorit� in stoiuiei does not consiituie a basis ion imposing a licensing nequirernant or condition a rilass a rule is made Ficnuant to Thai general grani a auth ority tl-at specilically au Ihokes th EI iiequiremeint or corrc ii ion. D. TI -IS SRCTIGN MAY REI ENFORCIOD IN P RRIVAT9 CIVIL ACTION A� D REL19F MAY BR AWARDED AGAINST TFE STATE. THE CCURT MAY AWARD REASONABLE ATTORNP FOES, DAMAGES AN❑ ALL FEOS ASSOCIIATEID WITH 1HE LICPSEI A RRLICATION TCI A RA RTY THAT BREVA ILSI IN AN ACTION AGA I� Sl THB STATO FOR A � ICILATION OF THIS SECITICI� . E. A STATEI EN RI CIYEE MAY NOT INTEINTIONA LL`I OR KNOWINGLY VIOLATE TF IS SOCTION. A VIOLATIC N OF THIS SECIT CIN IS CIAI SE FOR DISCIIRLINAR) ACTION CIR DISMISSA I RL RSL ANT TO THEI AGENC)'S A DORTED RERSCINNEL POLICI . FI. THIS SECTION DOES NOT ABROGAIR THE IMML NITY PROM IDED B`1 SRCITIOt, 12-612CI.C11 OR 12-820.(12. 91112,017 Pagei S cifl,'1 InicINiduals ncicluiring ADA a<iaomrriacalions call (02),'142-2999 I A / • A A; X,,A� NO N. I z.i -JaluaD Aj!unwI uOD a Al do Appj aqi ut paisod an Illnn1ICilinaaS °)leasualua,l0.lpunwwD:) 941 A pimteu6isao Ise jr10 'E "Z "L wooalle8 ul an II!^^ aa,MasalanlD,-, 7V I'SIIUH u!I'Itunoj'i?j%uj:)Wel °P! L00£091uaD AlunwwoD slllH iJl'liJnoj elq lu:Ap..u3 ow YM 43:) Ql'unrcrp7 (� qv*S -to1'i3' TiiI l�—r.. . ; (q lel ! a puaqu3 Inon �J ' q/�w Imm .` 3 omit e L! Vu*Q 4d _. 4�j unomog It d C43:u S 'CWS 16, u3m" U0041" . ... _- I+b �v7aaM1 !�dwa� C w� i iron • pry+ PS n , j+ mil � —Crd kn-n do►+ t PWVvd I»s r OJON •13saippe ue alkey kusaoo U01 e3 t! aeon ao 'Runny 5rj4,s23,a11js ;S DID lSaAel)11 nno 'suDp,lsad Flans Due ainimpue jo adl44 INiel )ue'iseaie 6u AJIDS Iisu suai.0 Mo yl�'joadS I ! !p yS) :uaea6i.lQ luanl� ll.luadS 'u0jimlldde sµµ 4111M peoldwo) aq Issnw weu6eIp 1c,41D WVHDVIG 53SIWBHd(33SN3)111LNII3/131V1!:)31d5 TOWN OF FOUNTAIN HILLS z TOWN COUNCIL 9fj$fv'Lot+ . AGENDA ACTION FORM Meeting Date: 3/2012018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager„ 480-818-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Cellar 433 (John McLoughlin) to be located along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 FM daily, from Friday, March 23 through Sunday, March 25, 2018 Applicant: John McLoughlin Applicant Contact Information: M Owner: John McLoughlin, Cellar 433 Owner Contact Information: Property Location:=E. Hampton Avenue= Mesa, AZ 85209 Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, 819-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the Fair/Festival liquor license application submitted by John McLoughlin representing Cellar 433, for submission to the Arizona Department of Liquor. The Fair/Festival liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event 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): Approve List Attachment(s): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Fair/Festival Liquor License as presented. Page 1 of 2 Preps iyy: / o�rey Povaq Kecreation Manager 31I20� Director's Approval "FM hael Gcatlwin, Community Services Director 8/i/2018 Ad: 6ratly E. Miller wn anager 3/1/2018 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 3/1/2018 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Fair/Festival Liquor Application Recreation Manager Jason Payne Attached is a Fair/Festival Liquor Application for staff review. Review the application, then sign, indicating staWs 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: Cellar 433 Applicant: John McLoughlin Date(s) of Event: March 23 -25, 2018 on the Avenue of the Fountains Date Application Received: 2/28/2018 Town Council Agenda Date: 3/20/2018 STAFF REVIEW AND Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore x Fire Department Jason Payne X Law Enforcement Mark Fisher Licensing Sonia Kukkola X Street Department Justin Weldy X Attach reportfor denial or any recommendation requiring stipulations. FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control FAPProved 800 W Washington 5th Floor Phoenix, AI 85007-2934 www.azligvor.gov (602) 542-5141 by: FARM WINERYFAIR]FE5TiVAL LICENSE APPLICATI©N A.R.S.§4-2[]3:03 Farm Winery IA.R.S.�4-2fl3.�72 At Speciat �Yent Fee: $i5.0i7 Per Doy A service fee of $25 Will be ChOrgt?d for tail dishoriored cheeks (A.R.S.44-6852). When the days of the fair/festival are not consecutive, a separate license for each uninterrupted period is needed. UQ1Q0bNLj Application type: Ovine Pair cine Festivol r 1. Applicant's Name; C Daytime Phone#: 2. Business name: Liquor license #: _ L�>i r ! ! Form Winery or craft bLtii r 3. Email: k n - (mo) (' � l i,�'�-f ��-.�,, � r 4. Mailing 5. Location of fair/festival: Street address city This Notary to be completed only by the applicant named In section 411. NOTARY .." -UL. ZIP Cade I. [print Furl Name] � d 1. AA b c I— UcJ kit { am the A application as listed in above. I have read the licca3ion and the contents Qnld are alit that ateme is c et rule, corre+lct afind complete. X litre/ posfHon bare Phone # 4State of County of t. �h g instrument was acknowledged berore me this of Day onth Year MY commission expires on; MARIA NatRry PMIS oGOCHto of sign ure of NOTA C My Corr► �10 0rlN7!''�na Aur usf !MS 8/4/2017 page 1 of 3 SECT1 N 2 Fees, Dal El &I F oc ns: $119 pen c ay Winery ilestival days permiiied: 10 licenses ilor a total o'l 15CI da} s peri winery per calendar } aan. Date WA A._V.V, SECTION 3 Site Owrien Irifonmaiion: Day o1 Week Sltart Time AM/PM 10' UU to W.W 14 101.a(L)lw F leias ei tits ach an additional sill aet ill riecessary End Time AM/RM 1. Site owriEm riame: --�—&xAe% OzC i;YLY� � DaytimEl Coniaci Hl one #: Fins I Iasi A. Site owner mailing address: �� ��oS �, - &V&O- ""s Jvw BSL�d' Sticet adcress city Stade Zipl node 3. Bmail P c diless: SOC111ON 4 To camplelEl if is ap�lliccliion, all que9lions mLsl be arisweuec : 1. F CV EI yoL neceived peilmissiari Ilan Lse till the site for ire sale/consumcllion oil liquou from ire site awriEln reamed in Seciiari 3?Yes❑No 2. Will tl EI Iiquoll y CIL 9E111i19Elrve ba praducIj only mariLfactc ne/p1nodL aed al your licensed clnerni]Ei9 named in SEiaiion Clriao es[--] No 3. I ist till e numk ell at Fair/IFesiival Iiaen9E13 y CIL f a\ e beEln i79L ad in the CIL rrerlt calElrldar } ElaII LI 4. List ire riL tuber of days you have I•Eild a licierued Aaii1/Festival in ire cis IlrElrii aalendan year 5. WI-ai 3EICILrily aria control meas Lres will you take is pre\ Elrii violations oll state IigLor laws ai if is event? A of Police C lifiaens an Site FeriairigvYej ❑Na # of Security Renorir Ell an Si1EI BarriEms V YEIs ❑ No PagEi 2 al 3 8)14112017 ■ �6. I Orn farniliariwiih and have nead sialues lion Arizona's flair/feilival privileges, regcirernen 11Flcirm Winegl A.AI S F�4-20J.Oz, either being held at a Special E�, ar it A .RA.§4-103.02 eSls ar d penalties. 7• I have taken responsibler steps is ernsune individuals operatingthe)� ONo who serve, sell or fcnnish 6qLon at ��Ihis fair/�lesiival have knowledge o1lAneonall!quorr�law,ed pl,IA 9sl 3�lad errpl°yees 8. 1 have veoified it al the oulside boundaries oil the fair/Ileslival prerni9es (diagrarnrred in � ) �eS� Na than "100 feet from a CVLrch orschool as defined int A.R.S. 4 -SICU .lection 9 below) are more 4 § ) �es � t\ a sE TION ll Licersec premises diagiarr. the Iicersed pnernises llor yarn fair/1lesiival is it a area yon one aLthorized to sell, dispense or serine alcol- otic bei erages undeul iF a prop isioris oil your license ideir iified iri ,'lection 1, line #2 of this pnemises, serving areas, far cing, barricades, or off er control meas nes and securie Please includEl dimensions o11he application. Please attach a diagrcrrr of your special e�eri licensed ty{ positions. ATTACH DIAGRAM-" llhe local goy emir g body (city, town or municipality where the lair/ilestival will 'lake place) may reqs ine additiar al applications to be completed ar d sL brnitted. Rlease check with local goveiinment as io how Jar in advance they require these applicaiions to be submitted. Accilional licensing fees rrcry also be reqLirec bedore approval rray be granied. oh baP all al lGamemmiemt officic d) 1criY, rawn, cciuni l) "CIR 08PA R1N19NT OR LIQUOR LS9 ONLY CAPPROVAL ❑ CNAPPROVAL BY: ecorrilrnerd ❑APPROVAL ❑DNAFFIRCIVAL Mel Signalupa Dales I hcne Al C1AIE: A.R.SI. g� 41-10.10. Invalids f oil rulers not Madel aaaardirn 1 10 this ch a l4.er rohlbiied a e IG aciian roFiEdEtec accts b stale sperciificicdS. au1 oge c b sfl Ola 0.emolo"Els* or1 brads d dfargaim.r i 6Q!fig dec iEloh Ir' Wi- die 01 In Pal l &I t� liceMirg uoquliemoryi oil " or �iate trrbal gamin g compacl. A gerr oral giant oil au til ariiy in siatL ie does Peni1ool aonjiflLja a basis far imposirg a licen ging requii emen 1 ar cor c itiar L mess a rL la is macer pL nL an l 10 tr c t general gl an l ail au ihority 'IF of agecifically crutrooizes tl-e rerqLiremert of condition. D. THIS SECTION MAY BE ENFORCED IN A PRN ATE CAVIL ACTION AND REILIEF MAY BE AWARDED AGAINST THE STATE. THEI COL IST MAY AWARE REASONA SLE ATTCIRNE` FEEIS, DAM AGES AND ALL FEES ASSCICIIA TED WITH THE LIC EINSE AF FILICATION TO A PART`r THA T F REIVA Il S IN AN A CITION A GIAINST THE STA TE FOR A VICILA TICII` OF THIS SECTION. E. A STATE E:MPLO` BEI MAY NOT It; TEINTIONA LL` OR KNCIWIt CIL` VICILATB TF IS SECTION. A VIOLATION OF THIS 9 EICTICII; IS CAL SEI FOR DISCIIAILINARI ACITICIN OR DISMISSAL PU ASL ANT TO THE AGER` CIY'S A DOMED PERSONt EL FOLIC 't. F. TV IS SECTION DOES E C11 All ROGATE TE EI IMIV L P 1T` FROVIDEID BY SECTICIN 12-8.1(1.01 OR lo-&JEI.00. 8/� /,101 A Page 9 cif "I 1/131208 FHWineMapjpg Fountak Hills Fine Art & Wine A{%f AREA MAP La Montana Drive ce #81 #85 ch s G°n° P' it Ch0 L K #110 Restroom #37 Trailer Pavilion Food Verde River Dr. j #35 NFO #115 IT, sa Biu " Featured Artis ,✓ Randv Polk r ax ll Pys tr s Entrance #137 Saguaro Blvd. Por more informatim contact: Thunderbird Artists @ 480.837.5637 Visit our wcbsitc www.ThunderbirdArtists.com hVs://mail.google.com/mailN/o/#search/hailey/1 M7372w8ba7383?projecmr-1 �/� TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 3/20/2018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Four Peaks Rotary Foundation (Samuel Coffee) to be held at the intersection of Avenue of the Fountains and Verde River Drive, in conjunction with the Fountain Hills Collector Car Show, from 11:00 AM to 7:00 PM on Saturday, April 14, 2018. Applicant: Samuel Coffee Applicant Contact Information: - Owner: Samuel Coffee, Four Peaks Rotary Foundation, Fountain Hills Owner Contact Information: - Property Location: 17105 East La Montana Drive #207 Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: A.R.S. §4203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Samuel Coffee representing the Four Peaks Rotary Foundation, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event 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): 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): N/A Staff Recommendatiorl Approve List Attachment(s): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented Page 1 o12 PrepaS 2 /Zorey Povaeov/vaar, ecreabon Manager $7172Uf� Director's Approval Rachael Goodyrin, Communip/8 rvices DveMr 3/1/2018 A roved Grady E. Millerr :5ger 3/12018 Page 2 oft TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 3/1/2018 Denied • Streets Division Building Safety Peter Johnson • Fire Department M • Building Division Corey Povar X Community Services Development Services • Development Services X • Law Enforcement Fire Department Jason Payne • Licensing FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Licensing Sonia Kukkola Attached is a Special Event Liquor Application for staff review. Review the application, then sign, indicating staffs recommendation for approval (with orwithout 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: Four Peaks Rotary Foundation Applicant: Samuel Coffee Date(s) of Event: April 14, 2018 along the Avenue of the Fountains Date Application Received: 3/1/2018 Town Council Agenda Date: 3/20/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson M Community Services Corey Povar X Development Services Marissa Moore X Fire Department Jason Payne y( Law Enforcement Mark Fisher Licensing Sonia Kukkola % Street Department Justin Weldy X Attach report for denial or any recommendation requiring stipulations. VD Arizona Deparlrr ent of Liquor Licenses and Control 800 A A ashirlgton 5th Flooi HE oenix, Al 85007-25134 www.azliquor.gov (602) 542-51411 AARLICIAITION ROR 9RECIAL 9VENT LIC19NS9 Fee= .125.001 pleir dayfor 1-10 days (cionseciufive) Castl CHecks or Money Cbidens Orly FOR IOU C USIE CINlll Eved Dale(s). Edeft time star /end: CSR: Uciense: A service lege o -I $215.00 will be cit anged fou all dishonored &ecllts ijA.R.SI q 44-68:12) IMPORUIN1 INHORNIA11ON: this docurr elrit must be 101y completed or it will be Mets. fined. Tfi a Departmend all Uclu or l icenses avid Conducll must ueceiv a this aFIFIliclatlari lens (10] business days pidoi to thel ev ert. It the special event will be heck ai a location wilhaut a peumarieni liquoil license on H the ev eni will t e ani any pari ion of a lacafian tails riot eavelec by tFe e)tstnig liquor liclense, this aFIFlliaatlari must be appioved byte local gaveuriment beloue sutmissiari io the CeIFlarrneirt of Liquan licenses and C aritnol Qsee Seclion 121). 99CION 1 � 0mE1 oil Clrlganiizaiion: Fc1ur Peaks Rcltary Fclurdatioln Narre ofl Licensed Clontlaalol only (ii any): SECTION � ori-Puofii/IE�I Ta> E)erripl Numbeu: E 1 -CE 1 9E 18 SECTION 31 event Lociation: Founlain Hills C c" nicm EvElrli Address: Interseloticln Of AVE nue ofl the Rclunlairs alnc Verde River Drive SECTION AI Applicant mLsi be a mEimber of i Pe cls alifyin cl ougariizaiiori clrid auff ouized by ari Oilicell, DirEEcior, or C P airlpersori of the Cluganizatiorl. 1. Applicant: COffE E SEIMUEll C I a?t RIO Middle Date of E Irth ,I. Appiicarii's mailing addrEus; '11105 8 La Moriiaria Dil. #307 Fou ntain Hillsi AZ 8526EI c ml Sta a Zip .I. Applicarii's home/cell pi' one Appliccirii's bLsiniess pi' one: O �. Applicant's email address: I, (Pdni Fall Namei) Samuel C C clffee decdcirle 11 -at I am 111 E1 APRT ICAC T filirig ihis aFIFllicaiion m IistElc above. v ue h plication anc ire conieriis and all stciiemenis WEI irce, cla"ecli and aompilelEl, �I C ciclrc it altclr 3 Sign r Tithe/ Poi lonnA ,, Date I t one ,N lambs r The foregoing instnL rrierii was aaknciv,ledged t efcme me iP is at 't" 2.01 K /� Day Monti YeKm Si a l e it Zf, N Cac my of H,46 CJ �� LC ammission EAplirE1s on: Wei Sic naive of b of cry PuNr C."h ICHIAL 11111-11Y9/12/2017 PagEi 1 of 5 Notary Public - Elrizona Incividuali nEiciuining ADA acaammcicatiom call (6Cl2)542 2999 Mancopa Countil Mil Comm. Expires ,lul 3, 2020 SECTION I Regandinq )rel A pplicarli's application for a !Ipecial e\ erli permit, I hellElby certify 11-a1 the 011garlizaIiorl meets *a criteria in A.la.S. 11 2-2CI3.02(0) fon il'El issc ante til the permit as indicated by checking one all the kcires below. (1) ❑ The Apclliaani is a political party or a campaign commitlEie supclonting a cant idaie for public) ollice. HlElcise inc icaIe 1e name al the ciandidala irai ire Applicarli sc clporis, ire ollice irai the aandidCliEl seeks, and the mon 11- arid yEiall irai the apclliaani would lirsi fill the alliae if successicl. C cirididate: IS amel C)Hiciel Mantt /Y eiai (2) 0 The Apclliaani is a rlarl-clnofil eniii� organizec in Allizaria, an pc nsuarit to the laws of anoiher sicilEll irai is eligible flop designation as a rionpinofii enliiy unden aeciiarl JCI1(C) of it e inlenrlal nevenue ciode oll ire UriilEic �Iiates. 11 the Appliciarli is aclplying udder ocliion (0) as a riciripnolil errliiy, please also INI111AL in ilei space picivideid next to all lcillowina statemerits la indiciale that, to the NO cif th ell applicant's k nowlec ae, ihey are tliue arid confect. Tr e Applicaril raj neaeN Eld a deierminalion leiter )nom 1r e Inlennal Rei enc e aenvice ("AS") indiaaiirig irai ii is eligible Ion desigrlaiiori as a nonpnolii eriiii� udder �Iaciiarl J01 (C), eligik iliiy or will k e eligible on all days tr al it EE special e�arii will occur, or has a clerlding application wilt 1r e lU lion such ireatmerit th all has not been resohec bul ll all will neiroacti\ely amen till days chat the sclecial Ei�arli will occur. (Rlease provide a copy of eiihell ire AS determination letlEln on the applicciiiari [,niihout aitacrmenis] with chis application). The Applicant is riot awane of ariy acliori by the 199 to reg oke, suspend, on otherwise elimiriciia ire Aclplicanl's eligibility c rider 901(C), or ill itene is a pending cippliciciiiciri, the Apclliaanl has ricil neceived any indication tr al ire 143 will deny its applicialiori aric has a good faith basis Nonmed uclorl a nemoricible irigc try inlo IU negc,lalions, guidelines, and lorms Thai ii is eligible c rider 901 (C). The Apclliciarrl urideniarlcs Itch ill irene is a craricle in cincumsiarlcies all qt m ause or has aac sed ii io lase its eligibility urider 5CI1(C), wreiher beforEE on afliall I �n IRI dEldarsilrzFkmlet er, ftall 11 r as an allirmati\ e do t� is notily the Depantmani of Liquor, wrier a19�1 rll�tt�c hiiaarraiilr regard to the loss oll eligibility. N ?' h Maricapa CaunN +e oao My Corrlmiission ExpiresTo be completec orily by ani Cfficieie, Oineciton, cu C haiilpleinsori cif the oiganizalionl. Auclusi 'I EI, 2(laCl I, (Pint (lull N c mei) / aw ll A -�Gf �� c�a ! r �Tf - declaue ih ai I cirri an OffiClElr, DirElctcln, ou C hairpeleorl cif tre cinganiza lion filing chis appliaciiion as lislec abo\,e. I h aye rElac ire application and ire clonianis and all sicliemenis ane tnuEi, conieci and co plete. X � y' _ Rresident a- ice- ,alp Signa urei TdIe,IIosMan ate It one Numbei ThEi Ionegoirlg iristnc rrlEint was aakriawledged belonEi me Iris Stale 14-2- C aL,nly of /lw\, 4y'I- My Clarnrnission Expires on: v t [ao ZD Cla v 9)-04 f—� 4.. , n -Iso) P CIC y Man -11h Yec �C-T-2A-��z - IIclnature all Notcry Public SECTION 6 Will chis everli be held on a cuiinenily licensed pnemise chid will rin the already approved pnemises?❑yes El o (11 ) es, Local Goy ginning Body Sgrlalune rcd regc ined) Names cif E usiness License N umbe i 9ill:l: 017 Pagel 2 of 5 Inc ividuals necluhirg ADA acciclmmocations call (6(12)542-2999 Phcnc (Include ftea Code) SECTION 7I 1 -civ, i! ill- is special Eluent going io aclric L cli all dispensing, serving, and selling Of spnutL cls! liqL clm ? 9IEIa9E1 dead FI-15I- 31EI for explanaiion and check cine o'I the following baxe! . ❑Place license iri non -ase ❑Dis pElrlse aric serve all s piniiuous liquors L rldall reiailan's IICEIn! e r❑Dis pElrlse arlc serve all s pinii uous liquous c ricIE111 speclial e\ ant [3cllit pnemise bEliween special e� ant and netail location 6111 USING REMAIL LICENSE, PIEIA!E!LBMII A LETIEIR CIA AGAMEIMEINT FIROM 7WEI AC ENT/OWhIBM OR 7M LICENSED PREMISE TICI SWPBND CIM RUN C CAICURRENT W17H 71 AERMA NMIT I IC ENSIE DUAIM 71HEI SVENT. If TWE SPECIA I EIVEN7I JS ONLY U! ING A FIOFIT Ctrl OR 11HEI Milli A Gilli INNER WhI I NEED 710 S W PEIAID TW All PCIR71ON OR THE FIREIMISEL .) SECTION 8 What is th a punplase o1ii e\ E1ni? ❑✓ Onsite cions c mptiari ❑011-! iie (acctiori/wiriEl/di! filled spiniis ii ❑Each SECTION 9I 1.1—r1- cis tr e a�clp�licarrf 1 bE1E1rl corivicled cla felon}, on hac a liquor license nevokec wiirirl 11'E1 Iasi fl,,e (5; years? Ue: EI10 (II yes, aHach explanation.) 2. F ow mariy ! pecial e\ E1rli daN s h ave been issued 1 a ih is ongarliaaIlorl do ring the aalendaii yeah? QThe riurribencianrol exclelec 'ICI days per year.j G 3. h the ongarliaaiiarl c! irlg the services o'I a pnomoteu on OihEm penson io mariage ille gale on serviaEl of alcol-ol? ❑JEM Flo QIi ye1s, mus b a a liclerisec cord racll on on licelnisele of selriels b, 7, 11, on 12; z. I ist all PIElople arid organiaaiions who will neceive the p1noceEids. Accor ret tail 100% al the pnoceed9. Tf e organiaatiori applNirlg mcst receive 2,11% o1 the gua9s nevenues cel the Special e\Elrli liquou jales. Atiach an adciiiorlal pagE1 i1 rlecesiary. r amE1 FCIL r Reaks Roiary Fac ndation Rencenlage: 100% Addreii P.O. Eo) '1811 Fac ntain H ills, AZ 85309 Name Addnesi She et C Ilty PellCIElrli age: 9 tate Z p Rlease nead A.R.SI. E1 4-:103.0:1 ;Ipecial ev erI liclense; uL leis and R191-1-SICI5 Regn,inerr eriis for a Slpecicll B erit License. Note: ALL ALCOHOLIC EIMISRAG8 SA LBSI NILSII B81i CONSLINIATION A11HB BVBN1 SIITB ONLY. 11. Wh ai iype O1 s EICIL pity and cloninol measures will you lake io pne\�erlt violations cl lic L on lawj at this evens? (IIs type and niumb en a plolice/selcu city pemsanniel anic ty pie cif lelnciinig an ciandnol d arni ii applicable.: 2 Explanation NL mbE1n Of POIICEI Numbeu of �IEICIL 1111'y 9Emsonnel i r nElrlcing ❑ ci nieus A Rencled anea will contain the beer gallc en. IDs will be & ecked upon erltryl and Wrist Elands will t e issued to 1 r ose 21 and olc en. N o alcohol w ill t e served to any one riot wearing a wrist bared. No one will be allowed to leave the garden with alcohol. MCMC ❑epc lies will mcinitcir the perin-eier arid em re no alc& cl leap es 1 r e beer garden. 9/12/2017 Pciclel 3 of 5 Indivic ual9 nEiquiring FID/I oc aorrimadaiiani call (6C12)542-2919 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. §4-244(15) and (17) for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week Event Start License End time AM/PM Time AM/PM DAY 1: 04/14/2018 Saturday 11 am 7 pm DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call 16021542-2999 Ave of the Fountains 46 0 > { MOO Ave of the Fountains Please contact the local governing board for additional 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. SECTION 12 Local Governina Body Aoorovol Section Date Received: I, recommend EIAPPROVAL ❑ DISAPPROVAL (Govemnnuunt M lnl) (Tft) On behalf of , (city, Town, county) Sipnolore Dore Mone F7iellCe]JK1t7iS� ri iL�7iii<LlllilsflilC�iFi3LTii% - OAPPROVAL 0DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action- prohibited acts by state employees. f r menti 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 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 general 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 PARTY THAT PREVAILS IN AN ACTION AGAINSTTHE 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 PURSUANTTO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 1252202. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call 16021542-2999 zAiry TOWN OF FOUNTAIN HILLS 0 k Z TOWN COUNCIL . AGENDA ACTION FORM 14$FIs �r�Lar`° Meeting Date: 312012018 Meeting Type: Regular Session Agenda Type: Regular Submitting department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-816-5135 REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding an art donation titled, "Aligrunent" for display in Town Hall; an art donation titled, "Orange Sellers" for display in Town Ball, and an art donation of a southwest landscape for display in Town Ball. Applicant: Sandi Thompson, Chair, Public Art Committee Applicant Contact Information: PO Box 18254, Fountain Hills, AZ Owner: Owner Contact Information: Property Location: Relates! Ordinance, Policy or Guiding Principle: Staff Summary (background): The Public Art Committee has proposed the acceptance of three donated ark pieces, to be placed on display within Town Hall and/or the Community Center. The first piece is a donation by Jean and Roland Lorenz, a 64' horizontal by 34 vertical southwest painting by artist Brian Schader. The suggested location for this piece is on the second floor of Town Hall. The second piece is a Bas Relief entitled "Alignment" by artist Vanessa Davisson, measuring 42" x 18". The suggested location for this piece is on the second floor of Town Hall. The final donation is entitled "Orange Sellers" by artist Jean Thomsen, measuring 38" x 50." The suggested location for this piece is on the stairwell landing between the first and second floors of Town Hall. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Insurance for damage and vandalism 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): All acquisitions have been approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural and Civic Association. Staff Recommendation(s): Staff recommends acceptance of the three donated paintings. List Attachment(s): Fountain Hills Cultural and Civic Association letters, renderings of each proposed piece. Page 1 of 2 SUGGESTED MOTION (Par council use): Move to accept donated paintings as presented. Prepared by. Directoes Approval Rachael Gootl o, Communirephcess �Dir�ecttorr 3/8/2018 App 4 . WV"�ti+ Grady E. Miller, i ger 3/8/2018 Page 2 or2 Art Donations Fountain Hills Civic and Cultural Association www fh.a¢.gev �': �" .; �� � , J ,a Alignment Southwest Landscape FOUNTAIN HILLS CULTURAL & ' CIVIC ASSOCIATION Post Office Box 18254 Fountain Hills, AZ 85269 February 12, 2018 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills, AZ 85268 Dear Ladies & Gentlemen, The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to propose the donation of a painting named Orange Sellers by artist lean Thomsen, a Fountain Hills resident for over thirty years. This piece is 38" x 50" and the value is $2000. Jean was instrumental starting the Art League many years ago. Her husband Stephen is donating this painting in memory of her. The suggested location for this work is in the Community Center on the right wall as soon as you enter the building. Mike Fenzel is aware of the location and thought there would be room. This acquisition has been approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural & Civic Association. Photo of this work will be sent separately. Very Truly Yours, Sandi Thompson Sandi Thompson Chair, Public Art Committee FOUNTAIN HILLS CULTURAL & CIVIC ASSOCIATION Post Office Box 18254 Fountain Hills, AZ 85269 December 6, 2017 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills, AZ 85268 Dear Ladies & Gentlemen, The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to propose the donation of a Bas Relief titled Alignment by artist Vanessa Davisson, a Fountain Hills resident of many years. This wood piece is 42" x 18" and the value is $1275. The suggested location for these works is in the Community Center or Town Hall. This acquisition has been approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural & Civic Association. Photos of these works will be sent separately. Very Truly Yours, SAadl 7nO.WpJOa Sandi Thompson Chair, Public Art Committee FOUNTAIN HILLS CULTURAL & ' CIVIC ASSOCIATION Post Office Box 18254 Fountain Hills, AZ 85269 December 4, 2017 Honorable Mayor Kavanagh Town Council Members Town of Fountain Hills Fountain Hills, AZ 85268 Dear Ladies & Gentlemen, The Public Art Committee of the Fountain Hills Cultural & Civic Association would like to propose the donation of a rabbit and painting by Jean and Roland Lorenz who are downsizing and moving to Ft. View Village where they won't be able to take them. The bronze rabbit is by Doug Hyde and is 10" high x 8" wide x 12" long. The Southwest landscape painting is by Brian Schader and is 34" high x 64" long. This Rabbit by Doug Hyde is worth $2000 and the Southwest painting is worth $2200. The suggested location for these works is in the Community Center and/or Town Hall. This acquisition has been approved by the Public Art Committee and the Board of Directors of the Fountain Hills Cultural & Civic Association. Photos of these works will be sent separately. Very Truly Yours, Sandi Thompson Sandi Thompson Chair, Public Art Committee "'IIIIIIZIf e161t _i. Meeting Date: 3/2012018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Public Works Staff Contact Information: Justin T. Weldy, Public Works Director, jweldy@fh.az.gov 484-816-5133 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF the FIRST AMENDMENT to Contract C2017- 096, with Somerset Landscaping Maintenance, Inc, for tree trimming and removal, in the amount not to exceed $50,000.00, for an aggregate amount of $100,000.00 Applicant: NA Applicant Contact Information: NA Owner: NA Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): This item on the agenda is for consideration of approving a CPA between the Town of Fountain Hills and Somerset Landscaping Maintenance, Inc, for tree and palm tree pruning and removal services. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): $50,000 initial; $100,000 ongoing Budget Reference (page number); 285 Funding Source: Highway User Revenue Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of the proposed cooperative purchasing agreement ListAttachment(s): Cooperative Purchasing Agreement C2017-098.1, Underlying City of Scottsdale contract SUGGESTED /MOTION (for council use): Motion to approve the first amendment to Cooperative Purchasing Agreement C2017-096 with Somerset Landscaping Inc, in an amount not to exceed $50,000.00 for tree trimming and removal sevices. Page 1 of 2 Prepared by: Justin Weldy, Public Worcs Director 3/6/2078 Director's Approval: Justin Weldy, Public Works Director 3/6/20 6 Ap roved: 4. Grady E, Miller, Town Ana rM1201 8 Page 2 of 2 C lontracit No. C2101 -CM .1 FIRST AMENDMENT TO CC C PIERATIMEI PURCHASING IHASING AGREEMEND 111111 DDN THEW WN ON FO UNTA IN H ILLS A -N D SO MER SET IIANDSCA BE MAINTENA NCE, INC. THIS H1RST AMENDMHN 1 TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendmant"; is antarad into as oflMarch 20, 2018, betwaan the Town oflFountain Hills, an Arizona municipal corporal ion (tha "Towri"), anic Somarsel (landscaping 1I11C, a Delaware Iim led lial iIity aompariN (tNa "Corilraalor"). 14HCITALS A. Afller a compatitiva procurement fpiaaess, iter C ily of Scottsdala, Arizona 111he "City") and Sam ersel Llandsaapa Mairiteriariae, Ina., an Arizona corporal ion ("SLIM"), aritercid into Contract No.:13HH(14(, dateid Saplerribcir 18, 2013, as arriaridad l y let11er reneiwal No. ], daled 9aptamber 4, 1(114, lattar rariewal No. 2, catac Saplerribar SI, 20:15, lattar reneiwal No. 3, daled 9aptamber ]51, 2016, and lattar rariawal No. 4, cattic Noveirribeir 13, 2017, aric as assigned to Somerset Laridscape, IIIIC, all attached 1.arella as Hxl�.ibil "A", I1colleictively, 11'ei "City Contract",, with SLIM to providei true eiric palm trea prunirig and iierrioval seirvices. Tha City C onlraal is inaarploraitac 1. areiri � y refarance, to Ito a exit ent noel inconsistard with 111• is Agraarri crit (as deifined herain). B. Tha Town and SUM eml ared into a C aapeuiative Purchasing Agreameml (Contraat Na. CO2] 7-096), daled March 30,1017 (tha "Agraerri cirri"), I aiseid Liflori Ila City Contract, for SLIM to provide the 'Ilowri with trete acrid palm trete pruning and ramoval sarviaeis 111he "Seirviaas"). All caflitalizad lenTs rial oifeirwisa dafined in this First Amencirriaril have the same maanings as contalincic in tha Agream ant. C. Contraator is tha sucaessor-in-intarest to SLM. Pursuant lIc the tarms of tha City Contraat, SLM assignad all cfl its righlls and ci ligalions under thei Ci1N Contraict to Coritractor. D. Tha Town has dellarminad that addilional Sarviaeis fiiom Contractor are riacassary (tha "Addis ional Services"). E. Tha Town and Canilvaaloii desira to ariter into itis First Amencment to ai the terms of I thei A Bream ent. AGRHHMHNII NOW, 'IIHHRHFORH, in consic orals ion of 111• a fbraEloing intrac ucitian and racitals, wHch are incorporatad harain by refcuianca, 11�.e Hallowing mutual covenants and aondillions, and alher good and N eilualj le cionsideral ion, 1he iieaaipt and sufficiaricy of whirl- area haraby acknowkic geld, thea Tawn and C anilrauloii haraby aappiae as follows: 11. Tarm oflthe Agreaamearil. Thea tarm of 1he Agreeimeml is haraby axlendac and shaall remain in full fbiica and afftact L nil it Feil• rL ary 119, X11 SI, unlass tarm'nated as crtherwise plrcn ided pursL ant to the tarms and condil ions of 1he Agreaemeiril. 2. Comparisation. `Ilhe 'flown sE all pay C arilrauloii $50,CICICI.00 fbr thea A c c if carial '19carvicas art 1he ratas seat fbrlh in Ito City Ccarilraul, resulting in an 'nciraase ofltl-ei aplgregale riot-to- exceied complansaticiri from 15CI,000ACI to $100,000ACI. 3. Effcact of Amaricment. In all othar reispeicits, tha Agreament is affirmed and ratified and, axciepll as axplreisslN mad'fied l-areiri, all tarms and cionditions ofltEa Agreament sl -all reimaini in full foray aric effcact. 4. Non-Deiflau}hl. EN axacutir.i8 this First Amanicment, Contractor affirmativeIN asserts That (i) 1he `flown is not currenilly in dafhult, riar has bacon in defaull at aril time plrior to this First Amiendmeiril, uric eir anN ofltha tarms or eondiilions of the A graemiant aric (ii) any and all claims, known and unknown, ralating to tE ei Agreeiment and axistin8 on or beforei ff e date ofill- is First Amandmaril are fcareiver waived. .I. Israal. Comlractar certifies that ill is rical curranilly arigagad in, and agraes fbr thea dural ion ciflthis A greierr crit it at it will not angaga in a "boycotll," as That term is c afinac in ARIA. REV. STAT. § 35--3SI3, afllsnael. 6. Conf iict of Interco. This F first Amemic mient and tha Agreamenll may p ei canceleid EN tha 'llawn puirsLiant to ARIZ. RHV. STAT. § 38-f1l 1. ISIGNA-BURRS ON FOIJIIOWING PAGES) IN WITNESS WHEREOF, the parties hereto have executed and caused to be signed by their duly authorized representatives, this instrument on the date first written above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona Municipal Corporation (k- .) )& Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2018, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" SOMERSET LANDSCAPING LLC Ey: 8s: eU� (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 3 S 2018, before me personally appeared JnSO4 LryNB the e l'o of 15 ERd9T / a Delaware limited liability corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of Somerset Landscaping LLC. #"r Pudic edteWalroaeMopa CountyJWk A HOW�ngsJCMx1i'HlC 1ng5 dJNe03a (Affix notary seal here) EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SOMERSET LANDSCAPING AND MAINTENANCE INC. [CITY CONTRACT] See following pages. November 13, 2017 Purchasing 9191 E. San Salvador Dr. Scottsdale, AZ 85258 Attn: Pat Galan, Branch Manager Somerset Landscape, LLC 100 S. Hamilton Street Chandler, AZ 85225 Transmitted via Email: Pat@somesetlm.com brian.slm@cox.net Julie.Hockings@somersetlm.com Re: Contract: 13PB046 — Renewal No. 4 Tree & Palm Tree Pruning & Removal Services Dear Mr. Galan: Pursuant to your acknowledgement notice dated November 8, 2017 submitted via email, the City of Scottsdale hereby accepts your offer to renew our Contract No. 13PB046 for Tree & Palm Tree Pruning & Removal Services, for a period of one (1) year. All terms and conditions remain the same. The City and Somerset inadvertently failed to renew this contract timely, however the contract is mutually extended for the period of September 19, 2017, through September 18, 2018. Please note that at your request, Contract Renewal #4 is issued under Somerset Landscape, LLC. The vendor number associated with this Legal Company name is: 152461. Billing under this vendor name and vendor number will be effective September 1, 2017 and will be applied to Purchase Order No. P00322984. (Previous Vendor# 140340 and PO# P00357012 will no longer be active past August 31, 2017). Somerset's email notice dated November 8'h, 2017 included a request the CPI rate increase of 2.2%. The City is in agreement to this request per the Price Escalation clause of the contract. Please refer to Attachment #1 for the revised pricing which reflects the 2.2% increase. The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability be on file with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Commercial General Liability: Vehicle Liability Insurance $1,000,000 each occurrence $2,000,000 Products -Completed Operations Aggregate $2,000,000 General Aggregate Current certificate on file VALID throuqh 1/16/18 $1,000,000 each accident Current certificate on file VALID through 1/16/18 Page 1 of 3 Workers Compensation and $100,000 each accident Employer's Liability Insurance: $100,000 Disease each employee $500.000 Disease policy limit Current certificate on file VALID throuah 7/01/18 When necessary, updated insurance certificates can be emailed, faxed or mailed to my attention using the contact information listed below. Please ensure the certificate(s) supplied reference Contract Number (13PB046), AND state the following: "City of Scottsdale, its agents, representatives, officers, directors, officials and employees as an additional insured and certificate holder, include a waiver of subrogation against the City of Scottsdale". Please email or mail to my attention, as soon as possible a current ACORD Certificate of Liability Insurance that covers all of the insurance requirements that are indicated above as being EXPIRED OR MISSING, or when the certificate needs to be renewed. Failure to supply and keep current the required insurance certificates may render this extension void. If you have any questions regarding this renewal, please feel free to contact me. All other questions, issues or concerns shall be directed to Bill Sturgill, Contract Administrator (480) 312-4410. Sincerely, Margie Vasquez, Bid & Contract Specialist City of Scottsdale — Purchasing Division Phone: (480) 312-5715 Fax: (480) 312-9135 Email: MVasquez@scottsdaleaz.gov cc: Bill Sturgill, Contract Administrator Page 2of3 Contract NO. 13PBO46 - Renewal No. 4 CONTRACT PRICING (Revised Pricing) Page 1 of 1 Somerset Landscape, LLC Effective: 9/19/2017 to 9/18/2018 LOT 1 — Palm Tree Pruning: LOT 2A — Tree Pruning Services: Certified Arborist: Certified Tree Worker: Laborer: Lot 2B — Emeraencv Services: 5:00 am to 5:00 pm (Mon — Fri) 5:00 pm to 5:00 am (Mon — Fri; Weekends & Holidays) $28.49 per palm tree $29.14 per hour $27.05 per hour $16.65 per Hour $35.38 per hour $35.38 per hour Page 3of3 September 15, 2016 Purchasing 9191 E. San Salvador Dr. Scottsdale, AZ 85258 Mr. Brian Lemmermann, President Somerset Landscape & Maintenance, Inc. 19051 S. Arizona Avenue Chandler, AZ 85286 Transmitted via Email: brian.slm@cox.net Julie.Hockings@somersetim.com Re: Contract: 13PB046 — Renewal No. 3 Tree & Palm Tree Pruning & Removal Services Dear Mr. Lemmermann: Pursuant to your acknowledgement notice dated July 28, 2016 submitted via email, the City of Scottsdale hereby extends Contract No. 13PB046 for Tree & Palm Tree Pruning & Removal Services, for a period of one (1) year. All terms and conditions remain the same. The City is in agreement with your requested price increase of 1.8%. The allowable CPI increase is 1.% and a 0.7% has been approved to cover the increased health and other rate increases requested. The new term of the extension shall be effective September 19, 2016, through September 18, 2017. All provisions of the contract shall remain in effect during the new contract period. Below are the revised rates which reflect a 1.8% increase: LOT 1 — Palm Tree Pruning: $27.88 per palm tree LOT 2A — Tree Pruning Services: Certified Arborist: $28.51 per hour Certified Tree Worker: $26.47 per hour Laborer: $16.29 per Hour Lot 213 — Emergency Services: 5:00 am to 5:00 pm (Mon — Fri) $34.62 per hour 5:00 pm to 5:00 am $34.62 per hour (Mon — Fri; Weekends & Holidays) The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability be on file with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Page 1 of 2 Ccimmenciiail General Liability: $1,000,CICIO each occunreincei $2,000,01010 Rrocucitsi-CcimPlleteid Cpeiraitions Agcregatei $2,000,01010 Geinerail Aggregate Current certificaile or fillet VALID through 1116117 Vehicles Liailjility Insurance: $1,OCIO,CIOO each accident Curreintcertificate or files VALID throuoh 1116117 Workersi Ccmpensiaticn and $1 OCI,CICIO each accident EmplcyE r'si Liability] Ir siuraince: $1 CIO,CICI01 Disease each err ploy eiei $500.00101 Disease policy limit Cuireint certificate or files VALID through 71/01117 When neceisisary, uPldaited insuiaince certificates can 6e emailed, taxed or mauled ici rry arbEirticin usiirg the ccntaici iMormaition lisded below. Rlease einsiurei the ceriillicarl i(si) supplied retlerenciei Contract Number (13313046), ANO scale the fcllowircl: "City oil Scottsdale, its ageints, repnesentlafives, officers, directors, officials and employees aisi an additional insured and ceirtitlicate holder, include a waiver oil subrogaitien aigainsit the City of Scottsdale". Failure to supply and keep curriert the reiquirec insiuraince certificates maiy reindeir ihisi exiensiion void. If you halve any que-stions, please lest me Idncw. Sincerely, Margie Vasquez, Elid 8 Contract Specialist City) of Scottsdaile — Flurchais ing Dimislon Rhone: (480) 31121-5715 Reim: (480) 31' 21-91319 Email: MlVasquez@sccittsidaileaz.gov cc: Bill Stur9lill, Cor tract At ministratcr 1112of2 September 9, 2015 Purchasing 9191 E. San Salvador Dr. Scottsdale, AZ 85258 Mr. Brian Lemmermann, President Somerset Landscape & Maintenance, Inc. 19051 S. Arizona Avenue Chandler, AZ 85286 Transmitted via Email: brian.slm@cox.net Joesh ill@somersetlm.com Julie@somersetim.com Re: Contract: 13PBO46 — Renewal No. 2 Tree & Palm Tree Pruning & Removal Services Dear Mr. Lemmermann: Pursuant to your acknowledgement notice dated September 2, 2015 submitted via email, the City of Scottsdale hereby extends Contract No. 13PBO46 for Tree & Palm Tree Pruning & Removal Services, for a period of one (1) year. All terms, conditions, and pricing shall remain the same. The new term of the extension shall be effective September 19, 2015, through September 18, 2016. All provisions of the contract shall remain in effect during the new contract period. Below is a re -cap of the current contract pricing: LOT 1 — Palm Tree Pruning: $27.38 per palm tree LOT 2A — Tree Pruning Services: Certified Arborist: $28.00 per hour Certified Tree Worker: $26.00 per hour Laborer: $16.00 per Hour Lot 26 — Emergency Services: 5:00 am to 5:00 pm (Mon — Fri) $34.00 per hour 5:00 pm to 5:00 am $34.00 per hour (Mon — Fri; Weekends & Holidays) The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability be on file with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Commercial General Liability: $1,000,000 each occurrence $2,000,000 Products -Completed Operations Aggregate $2,000,000 General Aggregate Current certificate on file VALID through 1/29/16 Page 1 of 2 VehicleLiability Insuraince: 31,000,000 each aiccicerI Current certificates an file VALID lhroucrh 1/21SI/I 61 WcirWersi Compensation wind S100,00C eia& aiccicerl Employer's LiadiliblInslrarce: V00,OCC Disease each eimplloyee $900.000 Diaeiase policy limit Currertcertificate anfileVALID through 71CII/16 When neocesisiaryl, uplcated irsiurance ceortificatles can M emailed, faixed cin mailed to my attention using the contact infaormatior listed below. Please ersure the cerlificatle(s) supplied refeorence Contract Number 1113PBO461), AND sdlatei the lbllowing: ''City) of Scottsldale, its aglerI represeintaillimes, afiiceirs, dheaftrs, afficiailsi and employees as an additional insured and ciertificiade holder, include ai waiver of subrcgatlion against the City oil Scottsdale". Failure ilo supply and keep currenil llhe rec u ired it siu rair cel certificates may rer der th is exter scion void. Ill you halve any questlicirsi, pleaselet me know. Sincerely, Margie Vasquez, Bid & Ccnllract Specialist City) of Scottsdale — Purchasing Division Phone: (480) 21'21-5711,9 Ramo: (480) 312-91219 Email: MVasiquez@sccitisidaleaz.gov cc: Bill Sturgill, ConlraictAcministratcr Faigle 2 oil S Purchasing 9191 E. San Salvador Dr. Scogsdale,AZ 85258 September 4, 2014 Mr. Brian Lemmemian, President Somerset Landscape & Maintenance, Inc. 19051 S. Arbors Avenue Chandler, AZ 85288 Trammurod Na EmelUmn.slmitcoxnet sam.m.nandsometicnx.net Re: Contract: 13PSO46-Renewal No.1 Tree & Palm Than Pruning & Removal Services Dear Mr. Lemmemtam Pursuant to your acknowledgement notice dated August 19, 2014 submitted via email, the City of Scottsdale hereby extends Contract No. 13PBO46 for Tree & Palm Tree Pruning & Removal Services, for a penal of one (1) year. All terms, conditions, andpncing shall remain the same. The new term of the extension shall be effective September 19, 2014, through September 18, 2015. All provisions of the contract shall remain in effect during the new contract Period. Below Is a recap of the current contract pricing: LOT 1 -Palm Tree Pruning: S27.38 oar claim tree LOT 2A -Tree Prunino Semi Cer0fiied Arborlst: $26.00 Per hour Cerdned Tree Worker: $26.00 per hour Laborer: $16.00 per Hour Lot 2B - Emergency Services: 5:013 am to 5:00 pm(Mon - Fri) $34.00 nor hour 6:00 pm to 5:00 am $34.00 per hour (Mon - Fri; Weekends & Holidays) The contract terms and conditions require current certificates of insurance for Commercial General Liability, Vehicle Liability, and Workers Compensation / Employer's Liability he on Me with the City of Scottsdale. Per contract terms and conditions the following MINIMUM amounts of coverage are required: Commercial General Llablily: $1.000,000 each occurrence $2.000,000 ProduclsCompleted Operations Aggregate $2,000,000 General Aggregate Current certificate on file VALID throonh 101ON14 Page 1 of 2 Vehicle Liability Insurance: $1,000,000 each accident Current contexts on fib VALID throuah 10104114 Warless Compensation and $100,000 each accident Employe/s Liability Insurance: $100,000 Disease each employee $500.000 Disease policy limit Current certificate on file VALID throuoh 7101116 When necessary, updated insurance certificates can b r emailed faxed or mailed to my attention using the contact information listed below. Please ensure the cert hiictte(s) supplied reference Contract Number (13138048), AND state the following: 'City of Scottsdale, Its agents, representatives, officers, directors. officials and employees as an additional insured and certificate holder, include a waiver of subrogation against the City of Scogsdale". Failure to supply and keep current the required insurance cer ifiates may render this extension void. If you have any questions, please let me know. Sincerely, miae;�4 Margie Vasquez, Bid 8 Contract Specialist City of Scottsdale — Purchasing Division Phone: (48D)312-5]15 Fax: (480)312-8135 Email: MVasquez@scotlsdaleaz.gov a: Bill Sung"fr Contract Administrator Page 2 of 2 y OFFBR AINO AICC EPTAINC 8 a' Clity o1 So a tts clale Purchasirg Diuisis r ; 9191 M. Sari sahiacicrDr. Sca tlsdale , AZ 85318 Pha ne: d8a-312-9700 — Max: 480-317-97a 1 SOLICITATION # 13PBO46 SOLICITATION TITLE: I Tiiee & Palm Tree Pruning and Removal Services OFFER TO THE CITY OF SCOTTSDALE: Tt a unclersiglned I a rety offers and agrees, in accordance with tt a undersiglned's written offer sut mittecl in respc rse to tt i; solicitation, to furnist tt a material and/or service(s) in aomplianaa witl all terms, aonditions, specifications, scope of miork, and addenclums in ti solicitation listed atov(, inaluding miritten exaeptions ttat ar( srltject to tle approval of the City prior to acceptance. The uncle r, ignecl agjrees that tI a entire solicitation listed at ave is t ereby inaorporat( d t y reilerenee as if fully set forth herein. Tt e Offeror's signature on tl is CIFIFIBIR lomi aertifies tl at le has read, uriderstancls and will comply with all terms, conditions and specifications stated in all documents aonstitutingl tle saliaitation. Tle kidder also aerli•lies it is in compliance with the Non Collusion, Business Dealings with Sudan and Iran and all Federal and Arizona State Immigration Lavis. OFFER MADE - COMPANY INFORMATION FOR CUIRIFICIATI(IN aF THIS OFFER, CONTACT: Company Name ,;, —Lcj2tgE Printed Nam e Address i e1 Ave—, Title T", City State Zip Phone LV 7 6�z 5 z 5 C Si nature e r Date Fax • d < Z. 00 E Mail 5c F G,n T[a � Printed a and Title of Authorized Signatory Address if different from Company info � — L2w� ? q0 q25 6 2, Federal Employer Tax ID # or SSN as per W9 Statement City, State, Zip if different from Company info AC C EPIAN C E CIF CIFFER, NO-RIC8 OF CON TRACTI AWARCI (for City a f Scotts clale Lite Only ) The contractor's offer is hereby accepted by the City of Scottsdale. The Contractor is nawr bound to sell the materials a nd/or 3aNiae(s) and perfarrn Lased upon 0 a above solicitation , including allterms, conditions, speaifiaations, scope of work, and addendums contained in the Solicitation, as well as any written exceptions tl at harre been separately accepted by tt e City. This contract sl all henceforth I a referred to as Cla ritracil # 13R B044 The aontraat consists of the ilollowing documents: 1) Solicitation # 13 PB04fl and all adden(ILIms (if applicable) as issued by the Clity; 2) Tl a Clantractor's Response to the Clit)l's solicitation; 3) This sighed offs r and acaeptanae and any att er applicable (iiantractiral agreements, 4) All wlritte n exaeptions ancllar modifications to tl a solicitation req tlirements as agreed to t y the (lit)I and the Contractor as per attachment , dated The Clontraetor is I arety aa(Itiollecl notto aommenae an}l billable wort ar provide any material orservice under this contract until the Clontraetor receives a purchase order claaumerit fram the City. The Clontraator must provide tl a following checked items within ten (10) calendar days from the date of this Acceptance of Offer, Notice of Clantract Ahrlard in order farthe Clity to issue tl a regluired Punct ase Order : ❑ Payment Bond ❑ Performance Borld, A Insurance Clei-Jficate(s), ® I.R.S. Form W-9/Ta)rpayer ID No. & Clertiiiaation,® otl ar dacuniantatian as identified. If tl a Contractor fails to furnish tl a required clocurnents wift in the stated ten (10) calendar dads tt a}I mail be ca nsidEl rad in default and may be at risl of,lorfeiture of an)I applical le Bid Bond pasted. All required documents are to be sent to tl a Bid & Clontract Specialist listed in the solicitation. This document has been approved as to form an the 22" day of July, 2012 City of Scottsdale, a rnuniaipal aorporatian by the Clity AlttorngI and is on file with the Clit)l Cllerk. It need not t e ClfferAace tecl and Amiardecl tt is 18TH clay sut rnitted to the Clity Attorn a }l llor appraval unless the farm docilrnent is of SEPTE�MBER701 3 alto re d. I V�.. Risl Manapmartissues raviawecl and sppravarl as to farm JULY 31ST 7013 I yl(it)I 1fSaotticlale F ick hlana01ement Direatnr FOR Racammarclecl iwtrcl appruiecl SEPTEMBER 4TH 2013 J. E. Flanagan MARGIE VASOUEZ Or I yl( i1 ofSaottrclale ( cntniathIministratar City of As Cit of Scottsdale Purchasing C hector 59 Re,kad 0113012012-0oa#11a01109E -i1 INVITATION FOR BID TREE & PALM TREE PRUNING AND REMOVAL SERVICES IIdtwl1919:1Q•1^: TABLE OF CONTENTS TREE & PALM TREE PRUNING AND REMOVAL SERVICES SUBMITTAL RECEIPT AND OPENING ...........1 2. IFB If 13PS046 INSTRUCTIONS TO BIDDERS.............................................................................................................1 1. SUBMITTAL RECEIPT AND OPENING ...........1 2. PRE-BIDCONFERENCE.................................................__.....................................................1 3. INFORMATION REQUESTS ....................... ................. . ..........................1 4. SOLICITATION QUESTIONS ....................... ............ ...... ..... ........ ........... ........................ 2 5. APPROVED ALTERNATES ........ ....... .............................. .........._...._......................................2 S. ENVIRONMENTAL PROCUREMENT POLICY.... .............. ...... ..... ...... ............................... ....... 3 T. PURCHASING WEB SITE.......................................................................................................4 S. DOWNLOADING SOLICITATIONS ............. ....... ...................... .......................... ...................... ..4 9. EMAIL NOTIFICATION ........................ ... ................................. I .......... 4 10. CITY OF SCOTTSDALE PROCUREMENT CODE ............. .......................................................4 11. PROSPECTIVE BIDDER'S CONFERENCE ............... ...... ....... ......... .............. ......................... 4 12. BIDDER'S PRESENTATION ........................................... ..................... ._......... .......................... 5 13. INELIGIBLE BIDDER ......................... ........ ...... .......... ......_.................. ........... .........._.............5 14. OBLIGATIONS............................ ...... ............ .... ..... ......... ...... ........ .... ........... ..... ...................._5 15. NON COLLUSION AFFIDAVIT ............................ ............ .................. ............. .......... ........ ......_5 16. IMMIGRATION LAW COMPLIANCE..........................................................................................5 17. LAWFUL PRESENCE IN THE UNITED STATES FOR PERSONS..._.......................................6 18. TAXESRICENSES ............ .................6 19. CONTRACTORS LICENSING REQUIREMENTS .... .............. ........................ ....... ........... ...._...8 20. LITIGATION...............................................................................................................................9 21. SUBCONTRACTOR'S LIST ..... ................................. ............ ...... ....... .... ....... .............. ....... ....... 9 22. SUBCONTRACTORS .............. ....................... ....... ....... ........ ...................... 9 23. CONFIDENTIAL INFORMATION ............. ...... .................. ........................................................9 24. SMALLBUSINESS.................................. ....... .......... ... .... .......................... 10 25. INTERPRETATIONS. ADDENDA ................................................... 10 26. SUBMITTAL PROCEDURE..................................................................................................... 11 27. AWARD DETERMINATION..................................................................................................... 11 28. REJECTION OF BIDS ............... ................. 12 29. PROTESTS.... ...... ..... __...... ....... ........................ .............. ................................................. 12 30, CONTRACT AWARD NOTIFICATION ................... ................. ....... ............................ ............. 13 31. AWARD OF CONTRACT_ ...... ........ ............... ............ ............ -.... .............. .................. ........... 14 32, BID BOND............ I ..... ........ ....... .........__........... ........ ......... .... ........ .............. .............. 14 GENERAL TERMS AND CONDITIONS.............................................................................................. 16 1. ADDITIONAL SERVICE REQUESTED 15 2. ADVERTISING.__. ...... ..... ................... ............ ............ ......... 15 3. ARIZONA LAW...... ....... _. 15 4. ASSIGNMENT...... .......... _. .................................... ............. ... ......... 15 5. ATTORNEY'S FEES ............ ___._._................. ........ ........................................... ............. .'As 6. AUTHORITY ...... ........ _............. .. ..... ......... .. ....._..."". __.11115 T. CANCELLATION OF CITY CONTRACTS ............................... .........................__..______..... 16 8. CAPTIONS[HEADINGS ................ ....... .......... ____. __1...116 9. CERTIFICATE OF INSURANCE ........... ....... ..... .......... ____._.......... I ... . 16 10. CHANGES IN THE WORK ... ........ ......... ... .................. ........ ............. ................ 16 11. CHEMICALS.......... ....... ....__ .............. ......... ............ .... ......... 17 12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS ..................... 17 13. COMPLIANCE WITH FEDERAL AND STATE LAWS _.......... _ ...............................................18 14. CONFLICT OF INTEREST..... ...... ........ ....... 11 ... - ................. ................... 16 15. CONTRACT ADMINISTRATOR DUTIES ............ ........ ......... ....__.._.__.................. ................. 18 16. CONTRACTOR ON SITE SAFETY REPORTING REQUIREMENTS- ............................. 19 17. CONTRACTS WITH SUDAN AND IRAN____........... ........................ ................... ....__.. ...... 19 18, CO-OP USE OF CONTRACT____.._______................................................._.................... 19 19. COUNTERPARTS ............................................................... 19 20. ENDANGERED HARDWOODS __._. ....... 1..... . ...... ....... 19 21. ENTIRE AGREEMENT........... ......... ................. ......... ............ ............ ............................. ........ 20 22. EQUAL EMPLOYMENT OPPORTUNITY ......... ......... ..__....................................................... 20 23. ESTIMATED QUANTITIES ..... ........ ........ ........... .._____...._.._..... .................................. ....... 20 24. EXECUTION OF CONTRACT ........... __.... ........ ............. 20 25. FORCE MAJEURE........................... ....... ..... ... ____.__......... .... ..................................... ......... 20 26. FUNDS APPROPRIATION __.,, _1 - ... .. ........ .......... 20 27. INDEMNIFICATION ................. .._........... ........ ....... ....... ......... ..... ............ ............ I.......... 21 28. INDEPENDENT CONTRACTOR...................................................... 21 29. INSURANCE REQUIREMENTS....... ....... ........ .......... ...... ...... 21 Insurance RePreeenle0ons and Re9uiremanls................. ...... ....... .......................... _... .-..... 21 Re4uiraeCoverage............... ................................................ .... ........................... _._.............. 23 30. LITIGATION.........................................._......_........_.............. ........... 24 31, LOCAL CONDITIONS, RULES AND REGULATIONS.......... ............ 24 32. MODIFICATIONS........ ......... .......... ............... ......... .......... ...... ......................... ............ ............. 24 33. NO PREFERENTIAL TREATMENT OR DISCRIMINATION.......................................... .......... 25 M. NO WAIVER............................................................................................................................ 25 35. ORDER OF PRECEDENCE.................. ................................. ........... .......... ............................. 25 38. PATENTS................................................................................................................................ 25 37. PAYMENTTERMS............ ..................... .... ......... ........ ........................... ...__......... ............... 26 38. PRICE REDUCTION._..................... .... ........ .......................... I..... .."'--_.. 26 39. RECORDS AND AUDIT RIGHTS.. .............. ................. ......... ........ ....._................... ................ 26 40. REGISTEREDNCENSES............................................. ................ ..._................... ................. 27 41. REQUEST FOR TAXPAYER I.D. NUMBER & CERTIFICATION IRS W-9 FORM.................... 27 42. RISKOFLOSS.................. .................. ...... .................... ... ........ .............. ............... _.............. 27 43. SCOTTSDALE CITY SEAL AND CITY SYMBOL... ................ ................. ................ ................. 27 44. SEVERABILITY......... ................... ................................ ............... ............ ............... ........... .......27 45. SUCCESSORS AND ASSIGNS ..___. .. .... ......... ....__. .1...11_27 46. TERMINATION..._ _.... ...... ... ......... ___ ............ 28 47. TESTINGOFMATERIALS. .............. ... ............... ___... ................28 48. TIME IS OF THE ESSENCE __...... .. ....... ____. ................. 29 49. WARRANTY.... ............ ................. ___...... .. ........... 29 SPECIAL TERMS AND CONDITIONS................................................................................................ 30 1. ACCEPTANCE /AGREEMENT ........ . ......_........ __.................. ....... 30 2. ACCURACYOFWORK........... ........ .......... ........... .. _................ ......... 30 3. ADDITIONAL LOCATIONS...... ........ ........ ___.. .................. ......... 30 4. CITYASSURANCE ............... . ............ ..... .. ......... ............ 30 5. CITY OBSERVED HOLIDAYS............. ...... ........ ........ ......... ........._........31 6. CONTRACTOR'S EMPLOYEESIDENTIFICATION AND WORK APPAREL...._............. ..._...31 7. CONTRACTOR SUPERVISORS AND CREWS................ ..... ............ ................ ........ __.___. 32 8. DELAYS AND EXTENSIONS....__.... .............................. ..... ....... ..................... .._________.32 8. FUEL SURCHARGES..._......... ........ .................................. .... ............. ._............ _..____.......... 33 10. INVOICING..................... ........ ........ ................. ............. ........................... ._____. _.......33 11. KEY PERSONNEL.. ............... ................. .......................... .............. .............. ._____............ 33 12. LIQUIDATED DAMAGES....... ......... ............................... ........ ........ ............... ........__.............. SO 13. MULTIPLEAWARDS................................--- .... ............ .............. ......... 34 14. NON-COMPLIANCE CONDITIONS AND REMEDIES...._........ ...... ..... .......................... .......... S4 15. PRICE ESCAIATION.............................. ....... ........................... ..... ............................... .......... 35 16. PRICING....... ........ ........ ............. ........... ......... ......... ....... ..... ..... ..... .... ........... ......................... 38 17. PURCHASING PROCEDURE................ ......... ......... ....... ....... .... ..... ..... .......... .............. .......... SS 18. REVIEW OF CONTRACTOR'S WORK ... ........................ ..... ..... ....................... ................... .... 38 18. SINGLE AWARD............................ ................................... ..... .......................... ........................ 37 20. TERM OF AGREEMENT..... .................................... .............. .._.._................ ................ .......... 37 21. UNIT PRICING..._........................._...............I.......................... 37 22. UNPREDICTABLE MARKET CHANGE 37 23. VEHICLE REQUIREMENTS AND IDENTIFICATION ... __....... ....._...................................... 38 SPECIFICATIONS............................................................................................................................... 39 1. PURPOSE _....... ..... .... ___.. 11 __. _.. .................................. 39 2. GENERALINFORMATION .................. ............ __ 39 3. GENERAL CONTRACTOR QUALIFICATIONS... ................ .......... ................. ................... ..... 40 4. AREA DEFINITION$......................... --.... ........ ...................... ....... ................. ........_____.. _.41 5. PALM TREE PRUNING SPECIFICATIONS...... ........ ................ .......________.. 42 6. PALM TREE PRUNING SCHEDULE....... ................ .......... .... ..........44 T. TREE PRUNING SPECIFICATIONS................ ....... ........ -.... ....... ............... ....... ___... 8. INDIVIDUAL PROJECT BIDDING PROCEDURES -TREE PRUNING ................... ____........45 9. TREE REMOVALS................................................... ......... ............. ........... ......................... 46 10. CONTRACTOR RESPONSIBILITIES................................ ...._._ _............ 46 11, MINIMUM CREW SIZE ......... .... ..._ _........... 40 12. WORK HOURS..... ......... ___... __._. ............. 40 13. RESPONSE TIME TO COMPLAINT.... .......... __._. ................. 49 14. ASSESSMENT OF WORK .................. ......... .......... 49 15. COMMUNICATIONS AND AUTHORITY......... -....... ....... ....... .... ____..... ---- .......... .......... 49 16. SAFETY STANDARDS._______ .... ... ............................ .... ...__.............. _........................... 50 17. SITE CLEAN UP..-......._.......... ............................... .......___.............. ................. I........... 50 18. PROTECTION OF PROPERTY...... ......................... ............. .__............... ............................. 50 19. DAMAGE TO THE PROPERTY..... .................................. ......___........................................... 50 20. PROTECTION OF OVERHEAD UTILITIES 50 INVENTORYLISTING......................................................................................................................... 61 PALM TREE PRUNING LOCATIONS.......... __..... .. ...I...... __. ...... 51 PALM TREE PRUNING - DOWNTOWN LOCATIONS...__......... ................ ............ ___._.......... 55 SUBMITTAL CHECKLIST ............................... ,.................. ...................... ......... 60 OFFERAND ACCEPTANCE.............................................................................................................. 69 REFERENCES.................................................................................................................................... 60 SUBCONTRACTOR'S LIST...................................................................I....... ........... 61 BIDDER GENERAL DISCLOSURE FORM......................................................................................... 62 BIDDER LITIGATION DISCLOSURE FORM...................................................................................... 63 BIDDER QUESTIONNAIRE 911 COMPANY INFORMATION...... ........................ 60 BIDDER QUESTIONNAIRE 921 EQUIPMENT LIST........................................................................... 65 BID EVALUATION SUMMARY FORM.............................................. .... .............................................. 66 BID FORM -LOT 1 I PALM TREE PRUNING....................................................................................67 BID FORM - LOT 21 TREE PRUNING & EMERGENCY SERVICES ................................... I............. 68 BIDFORM SAMPLE................................ ........................................................................ I ...... I........... 69 INSTRUCTIONS TO BIDDERS _ TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFB IT WRING 4. SOLICITATIONQUESTIONS The Bidder shall submit all questions, requests for claMcation and inquiries in regards to the Solicitation to Margie Vasquez, no less Nan eight (8) days pdorto the original Solidla4on opening date. It is preferred that all questions be submiffed via email to the appropdale purchasing shelf, uez(atscollsdaleazaovwhere possible. Men submigiry any questions the Bidder should Indicate Ne page number, Section Number/Clause Title and lf possible paragraph number that is being questioned. It is your responsibility to give notice, in the form of maiden questions before the bid opening on any Rom or issue in 1hls solicitation Oat you believe should not be included or contained in any amendment to this solidtation or that Oe Cily failed to include in this solicitation that should have been Induced, and by your notice, the City ceuM have cured the problem H the Hem or Issue had been timely raised or objected to. Failure to give notice may constitute a waiver of your right to abject to Oe Incluspn or lack of Inclusion of the Hem or issue in this solicitation in any subsequent protest filed by you. All questions, regardless of the method they are communicated (small, regular mail or hand delivered), must be deafly marked as 'Solicitation Questions' and stale Oe Sollatallon number in the subject line of the email or on the outside of Oe envelope. If questions are not submised As email, the submittal envelope MUST be Beady marked with SolicilaGon number and words 'SOLICITATION QUESTIONS', or it may be mistaken as an actual bid submilfal and not he opened immediately. All Solicitation questions MUST be received by the Purchasing Division by 4,00 P.M., LOCAL TIME, AUGUST 11. 2019. Any inquiries received after Oe specified time Will he reviewed on an individual basis by Oe Purchasing staff to determine H a response would ba advantageous for the City. 5. APPROVED ALTERNATES Specifications and plans, d applicable, may contain references N service requirements, equipment anchor materials (patented or unpatented) Or 'approved ahernetets)' Such references shall be regarded as establishing a standard of quality, finish, appearance, performance or as indicating a selection Or design based upon compatibility wtfh existing Equipment, materials or details of construction (d applicable) inherent to the project design. Such references shall not be construed as limiting the selection to a specified Hem, source or design detail. The use of an alternate or substitute, item or source as an approves alternate Will be permided, subject to the following procedure and pursuant to ARS 34-1N if Oe subject under of this solicitation involves construction. Rr..rmomvu-mo418 e m INSTRUCTIONS TO BIDDERS TREE B PALM TREE PRUNING AND REMOVAL SERVICES IFS 3P13PM6 6. APPROVEDALTERNATES-CONT'U a. The Bidder shall submit a writen Request for Alternate to the contact person listed on page Oce of this sollcRation at least eight (8) days prior to the original deadline for receiving Bids. Requests for alternates submitted to the City's confinement Confident or other City Sten shall not be reviewed. The submittal envelope must be clearly marked who Solicitation Number am "REQUEST FOR APPROVED ALTERNATE'. Requests must be time stamped by the Purchasing Division by 2'gg P M LOCAL TIME AUGUST t6 R813. The approved alternate request shall include all information necessary far proof of 121 eM suiladlity (or substitution including benefits, engineering design and data (cobuletions) anchor detailed plan modifications which may be requlred by the substitution. The Bidder shall submit additional Information antllm samples when required. The Contract Administrator or his representative, will evaluate the information subtitled. pedoon testa when necessary and make comparisons in order to approve or reject the proposal. If rejected, the Contract Administrator shall give notice of rejection to the Bidder submitting the request for approved alternate. b. Purchasing t the request for approved alternate is accepted, shall issue a when addendum to the Solicitation speeifying the approved alternates and publish the modification in the same manner as the original solicitation documents. c. The Specifications may reference equipment or materials "a ademate". The reference to "or atemate" shall be construed to mean "or approved alternate' in every Instance. Use of an alternate or substitute tem shall be allowed only if approval was received as outlined in this Section. J. For purposes of submitting a Request for Approved Alternate. the'bidder is defined as the person or firm enteNg a submital to Ne City in response to Nis solicitation. Thereforethe Cry will not entertain any wool for an approved alternate from any party not meeting the deflation of bidder. 6. ENVIRONMENTALPROCUREMENTPOLICY The City has established an Environmental Procurement Policy which encourages Pe inclusion Of environmentally responsible products am seMses available to meet the Intended purpose. We courage the offer of alternatives that broaden the range of environmentally responsible products or sentices that will meet the performance requirements of gds solicitation. IF YOU WISH TO SUBMIT AN ALTERNATIVE, follow the procedures speed in the Instructions to BMdere, Approved Alternate Stolon of this document., unless the approved alternate cause has been deemed not applicable. Rm 01115013-Mcce M INSTRUCTIONS TO BIDDERS TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFB#13PB040 r T. PURCHASING WEB SITE The Purchasing web site provides a vide variety of Information including r capability to download solicitations and plan sheets (d applicable), invoicing guidelines, how to introduce your products, list of Buyers commodity lines, etc. The web site can be accessed at Inner aAvw.vscotisdaleazaovlPurchasing. Registering and downloading a solicitation vall also provide the supplier with notions of all addendums that are issued. 8. DOWNLOADING SOLICITATIONS All solicitation documents; plan sheelsrdrawlrgs if applicable and addenda are available for download In.pdf formal. Bidders may print their own copies of Nese documents or provide the 9les to any repropraphlos/onpy center in their area. Bidders will no longer be able to pickup these documents at the Purchasing Department and plan shipments will no longer be available. There vll be one set of plan sheefiddrawings (8 applicable) available for onsite review only at the Purchasing office located at 9191 E. San Salvador Dr., Scottsdale, AZ 05250. 11 is imperative that you download Ne solicitation from the City website at vmw scotisdaleaz oov In order to be noti0ed of associated addenda. 9. EMAIL NOTIFICATION The City of Scottsdale does not maintain a harder list, however, on the Cilys math web site page, select the Email Subscriptions link and subscribe to receive a nullification of Solicitation O ppodunifies trace mealy. — wwwscallsdaleaz.aov 10. CITYOFSCOMDALEPROCUREMENTCODE All procurement activities, conducted by Ne City of Scottsdale, are in conformance with the rules and regulations of the Scuffinme Procurement Code. A carry of the Cods is available for review in Ne Office of the City Clark timed! at City Hall, 3939 Drinkweter Boulevard and the Purchasing Oras located at 9191 E. San Salvador Drone, Scottsdale, Arizona. A copy of the Code Is also available from the Purchasing websde: Imp llvww co0sdaleaz aov/Purchas no/Procu ement Code A hard copy of the Case is available for purchase, for a fee of $IB.O , at the Purchasing Office 11. PROSPECTIVE BIDDER'S CONFERENCE A prospective bidder's conference may be held If scheduled, the date and time of this coherence will be indicated on Ne cover page of this document. The purpose of this conference vdll be to clarity the contents of this Solicitation in order to Prevent any misunderstaMins of the CRY$ position. This conference writ also give Bodies an opportunity to submit any questions and discuss any questions previously submitted. Ranco amvr3-o:rezazeasm INSTRUCTIONS TO BIDDERS f TREE & PALM TREE PRUNING AND REMOVAL SERVICES IPS B 13PB046 12. BIDDER'S PRESENTATION Bidders may be invited to make a presentation. II invgad, Bidders vii he notified of the date and time of the presentation by the City of Scohedele Purchasing Department. 13. INELIGIBLE BIDDER The manner of the bid specifications Is not eligible to submit a bed or polownd on the solicitation for which they prepared me specificatloo, nor is the prepmer eligible to supply any product to a bidder or Offeror on the solkltation for which they prepared Ne specification. 14. OBLIGATIONS The Issuance of this Solicitation does not obligate the City to pay any costs incurred in the preparation and submission of proposals. 16. NON COLLUSION AFFIDAVIT By signing the Offer FomJSgnature Page of Ne solicitation, or other official contract form, the Bidder certifies that In connection with the performance of this solicitation or any resulting Contract, the Bidder Is stating ON cerigying that the Conlrador/Company has not either directly, or indirectly, entered Into any agreement, participated In any collusion, or olhem5se taken any action in restraint of free comcemive proposing In connection wfm the preparation or submission of its Submittal In response to this solicitation or any potential resulting Contract. If any company is jointly owned or associated through common officers/employees vAM another company(e) Net idare responding to Ne same sAcdatlon, buWall of those companies must take all precautions so as to make sure Ne preparallon of Meir bitl or proposal suundlal is done completely independent of the Omer company(s) or individual(s). Specifically, any individual working on preparation, approving or signing one submittal can have no knoWzdge of or interaction with any other bid or proposal submission from a different company for that same solicitation. If the subject matter of this catenation Is construction, the bidder shall submit a completed and Notarized Non Collusion AMdavil, staling and certifying mat sued Bidder/Company has not Eimer directly, or mdirecut, entered into any agreement, participated in any collusion, or otherwise taken any action In restraint of free comcetkive proposing In connection with the preparation or submission of its Submittal In response to this solicitation or any potential rankling Contred. The Bidder Is to return me completed and notarized Non Collusion Affidavit with their Outwards). 16, IMMIGRATION LAW COMPLIANCE By signing the Offer Form/Signature Page of this solicitation, the Bkder cautious and Waments mat for all solicitations for servicas (Including construction services) it has compiled cath the E -Verify Program as required by ARS §23-214(A) or will have complied Oflh the requirements of me E -Verity Program before award. Failure to comply with me E -Verify Program may result in me allomaOc disqualification of the Submigal as being non-responsive or the termination of any contract awarded and the possible forfeiture of any applicable boned. aere.a Omom. ksrenasum INSTRUCTIONS TO BIDDERS TREE S PALM TREE PRUNING AND REMOVAL SERVICES _ IFB N 13PB046 16. IMMIGRATION LAW COMPLIANCE— CONT'D The City vnll include specific 'Compliance with Federal and Arizona State ImmgraVon Laws' language in any contract or subcontract R enters Into wish the successful Bidder. In mission, this language must be included In any subcontracts that Ne successful bidder enters into with its subcontractors. IT LAWFUL PRESENCE IN THE Arizona Slate law A.R S. 41-502 (H.B. 2008) requires that all PERSONS who will be awarded e contract and apply for public benefit must demonstrate through a signed aMdwil end the presentation of a copy of documentation Nal May are lawfully present In the United States. A PERSON is defined as all NATURAL PERSONSIINDIVIDUALSISOLE PROPRIETORSHIPS as indicated by your W9 Filing. (ibis law does nor apply to LIP's. LLC'e, PLLC's, CoWmArris. Limtted Partnerships or General Parinem0ips) By submitting your quote, bid or proposal to the CM You are agreeing That IT you Bre selected as the award¢¢ and meet the criteria as a PERSON you will abide by this law and sign and submit an AFFIDAVIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED STATES and attach Ne appropriate copy of your documentation In proof of Nal statement. Types of acceptable documentation wires are an Arizona Drivers License issued after 1998, Arizona noniperai g Identification business, U.S. birth cerfiflcale. U.S. Passion, 1-94 Farts with photogreph am several others that are all listed on the Affidavit form that the City will send to you for your completion prior to issuing any contract. If you have previously done business with the City and already have filed Ne above Affidavit with copies of an acceptable documentation pieces indicate when you submitted ft. If your acceptable Affidavit is already on file with the CM that will W sufficient to meet this requirement If you fail to complete and provide a completed Affidavit and accompanying acceptable copy of your documentation, or not advise us of your prior filing within 10 calendar days of being requested by then you may be considered non responsive and disqualfied from that award connMeralion. You can obtain the complete Affidavit form from the Cilys Purchasing Department at (480) 312-5700 or the Cilys webafte at M1tt YNnwv die IP ch on the Vendor Resources page at the bottom right under Forms. 18. TAXEWLICENSES Personal Excise Taxes: The City of Scottsdale is exempt from certain federal excise taxes. The most common areas where the City is exempt from Federal excise taxes are 1. Fuel Nat is used bythe City 2. Cammunication 3. Heavy"cla,trallemandlracoom 4. Certain Supedundaclivity It there Is a spec ciramstance that is in doubt you should contact the CM to resolve that status of That Federal Excise tax and its applicability. Rnrmomvrs-Doi INSTRUCTIONS TO BIDDERS +, TREE S PALM TREE PRUNING AND REMOVAL SERVICES 4 IFB p 13P8048 o . 18. T"ENLICENSES— CONPD Transaction Privilege (Sales) Taxes on the City: The City of Scottsdale is not exempt from being charged the appropriate Among Stale, County, act City privilege (sales) taxes on the goods and services that we procure. For suppliers within the stale of Arizona the City expects to he th ripm Ne appropriate pmiesm taxes an the invo"me. For out of state suppliers that do not have the abillly to collect Arizona Slate privilege taxes the CM w1p self suede such Arizona Stale and City use taxes for collection am payment to the State of Arizona and City of Scottsdale. Transaction Privilege (Sales) Taxes on the Supplier I Contractor Certain Business Services and Activities may have a CM of Scottsdale Privilege (sales) lax liaturni To expense the uny of Scottsdale tax treatment please sst the following website and vimvlhe City of Scohsdale Tax Code and other Pmslage and Use lax resources. Questions pertaining to the applicadlhy of taxes shall be directed to Na City of SCOttsdale Tax 8 License Section at 480.312-2400. The Contractor shall be responsible for payment of all applicable taxes due on contract income wnelher or not such taxes are specnicelry separated in the bid amount. Into flvvj mttsdaleaz aoviev el Contain Business Services and Activities may have a Slate Prwirde (sales) lax liability. To determine the State lax treatment, please visit Gia following website or contact the Arizona Department of Revenue at 802-7188578 or 802-718-6857. him flazlearelate,az ushArizonaRevismStatutes7T' =42 To obtain a State of Arizona Priailege (Sales) Tax License Applcalion, please go to the following varum: The City of Scottsdale requires a license for cervico-odented businesses located in Scottsdale that do not have a City of Scottsdale transaction Onstage (setas) laxliml cels includes all still lies Of acts Including, but not limited to service, professionals, Varies and =upsilons, personal or corporate. To engage Or continue In business the owner must Me a Business, Occupational and Professional license. Service oriented businesses located outside Oe CM Unum are NOT required to obtain a Business, Occupational and Pdfesslonal License from the City of Sconsdele. Please visit Ne following webs0e for the City of See le Transaction Privilege 8 Use Tax License and Me Businoss, Causal and Professional License aplimtions: hopfAvvw soctissialeazoovAcarmispOpicense Bidder is solely responsible for any and all lex obligations which may result out of Me bidders Performance of this contract. The City has no obligation to pay any amounts for taxes, of any type incurred by the bidder. a�aodvm-w�aersrms.m INSTRUCTIONS TO BIDDERS TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFB S 13PB046 18. TAXESQICENSES — CONT'D Construction Related Ttl Privilege Mates) Taxes Responsibility of the Contractor: The Contractor shall be responsible for payment of all applicable Slate of Arizona OM City Of Scottsdale hansadlon postage (sales) Wes due On construction Income WhBlber Or not sun lazes are specifically separated In the bid amount. The loxes are to be reported on eller a progrmwe billing (accrual) basis or cash receipts basis, depending on the method chosen at the time application was made forthe Privilege (sales) Tax License. City Privilege (sous) tax exemplionsldeducgons may be applicable to cadain proleds. We advise you to conskler this as you prepare your Wall. Please review, located, Sections 415, 465, and 110 of the Sco0sdale Revised City Code. Appendix C to determine R exempllonsldeductions are applicable. For tax guidance, please reference the City Code and other tax resources at the following mbsite: blip /N acoffsdaleaz aov/axesl The State of Arizona has similar exemptions; please reference ARS Title 42 at the following vrebshe: blip'INAw3 azleg stale ax ustAnzonaRev'sedSlalules aso4Title=42 To delmmune lax treatment of design bund comeds, please contact the Arizona Department of Revenue at 002-2552060 and The CM of Scottsdale Tax Audit Section at 460312-2625. Suds wall be evaluated and recommended for award based on the tolal bid cost including tax 19. CONTRACTOR'S LICENSING REQUIREMENTS The Contractor shall stale his Arizona Slate Contractors License Number and Classification on the BM Form as evidence that he is licensed to contract the work Indicated in the spedficatfons at the time of bid submittal. In accordance wdh Article 3, Regulation 32-1151 of the Arizona Registrar of Contactors Statutes and Rules, it is unlawlul for any person, firm, partnership, corporation, association or other organization, or a combination of any of them, to engage in the business of, submit a rid or respond to a request for qualigcationIquotallon of a request for proposals for construction services as. ad or offer to ed In the capacity of or purport to have We capacity of a contractor without having a convectors license in good standing in the name of the person, firm, Partnership, corporation, association or other organiza0on at the time of bid submMel, Bauch licensing is a requiamenl of the Arizona Registrar of Contractors. Re 01;16113-o avc3aeasw3 INSTRUCTIONS TO BIDDERS TREE B PALM TREE PRUNING AND REMOVAL SERVICES IFS Al 13PBO46 20. LITIGATION The Bidder will disclose any issue or potential issue that may have a material bearing on Ne financial condition, solvency or credit muddiness of the organization. Disclosure incudes any material contingent liabilities or uninsured Potential losses, involuntary dimmed terminations in other jurisdictions and any voluntary or involuntary banluupicy fitings over Ne past 7 years. The Bidder Mil also disclose any litigation in which the Bidder has been involved In, either as a plaintiff or defendant, within the past 3 years, and the Bidder shall agree to notify the City within 24 hours of any litigation or significant Potential for litigation of which the Bidder becomes aware. Further, Ne Bidder will be required to warrant that it will disclose In wdWg to Ne City all Itgation involving the Bidder, the Bidders related organization, owners and key personnet. 21. SUBCONTRACTOR'S LIST If. at Ne time of budding, any bidder intends to subcontract any portion of this contract, the bidder must complete the information required on the Subcontmdors List Preceding Ne Bid Form and Include this led vifth bid submittal documents. Dung the performance of the Contract, Ne Contractor may engage any additional Su dintradare as may be required for the timely completion of this Contract, unless specifically prohibited by the specification. The addition of any Subcontractors must fired receive the approval of Ne City. The awarded Contractor may relieve Subcontractors of City Tax liability by providing them with a completed Subcontractor Written Declaration form. In the event of subcontracting, the eek responsibility for fulfillment of all terms and conditions of this Contract rests with the Contractor. The Contractor assumes responsibitity for the proper performance of Ne work of Subcontractors and any ads add omisskns in connection with such pedorm ince. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between the City and any Subcontractor or Sub-Subconbactor, including but not limited to any third party beneficiary rights. Requests for nondisclosure of confidential information such as bade secrets and other proprietary data must be made known to the City within the bid submittal. Bidders are instructed to dearly identify any proprietary Information that may be submitted, and. If feasible, package such information In a separate, sealed envelope labeled 'Confidential' or, 'Propdetay The City is subject to Arizona stalutes and City Charter provisions that permit the inspection of public records. The City cannot insure confidentiality of any poison of a submittal document in the event a public inspection request is made. R...,m outruns. wccernasM INSTRUCTIONS TO BIDDERS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFB is 13PBO46 23. CONFIDENTIAL INFORMATION — CONT'D However, In accordance with Section R2488.23 pertaining to Request for Proposals and Section 12-188.6 Waiting to Invdation for Bids, of the Ohre Procurement Corte, fire City shall examine the portions of your proposal noted as 'Confidential' anchor'Propdetan/. If determination to disclose the information is made, you shall be so handed. This is the only notification concerning confidential Information that Wit be given to potential bidders. add this provision should be taken Into consideration prior to smashing g a bid. After contract award, and unless otherwise instructed! by Ne bidder, the City shall destroy all information Mentifed as confidential or proprielary in accordance with Pull records retention requirements. p FJ II r f ZfiT B9F &dile£*i Small, minority mvned businesses (MBEINBEIDBE) are encouraged to respond to City of Banderole Solicitations. 25. INTERPRETATIONS, ADDENDA THE CITY OF SCOTTSDALE WILL NOT BE RESPONSIBLE FOR BIDDERS ADJUSTING THEIR SUBMITTAL BASED ON ORAL INSTRUCTIONS BY ANY MEMBER OF THE CITY STAFF OR BY THE CITY'S CONTRACTED CONSULTANT OR AGENT. SUBMITTALS DEVIATING FROM THE SPECIFICATIONS CONTAINED HEREIN BY ANY MEANS OTHER THAN AN AUTHORIZED ADDENDUM BY THE PURCHASING DIVISION WILL BE SUBJECT TO REJECTION. Should a Bidder find an ambiguity, inconsistency or error in the Pans it applicable or Specifications, or should he be In doubt as to their meaning, he shell at once nolry the contact person listed on page one of this solicitation, who will prepare a wrftted addendum. The City Will not be responsible for oral instructions or information. All questions shell be submitted as Par the Solicilatlons Questions Clause. Any Atltlentla issued by the City during the time of bidding are to be included in the Submittal, and Wit become a pad of the Contract Bidders must acicnowledge recegt of all Atltlentla on the Bid Fond in five space provided or by signing the Offer and Acceptance Fotm. Failure to indicate receipt of addenda may result in a bid submittal being rejected as nonresponsive. A Notice of Atltlentla will be emailed to those who have provided their email address; or provided by other appropriate means to each bidder, person or firm recorded on the Plan Holder's list. A viewing copy of the Atltlentla will also be available wherever the SoEcilation Documents are kept. R. OIIISII]-oo<wseasm INSTRUCTIONS TO BIDDERS TREE 6 PALM MEE PRUNING AND REMOVAL SERVICES IFS#13PB008 28. SUBMITTAL PROCEDURE No submlllal will be considered unless it is submitted on the bid tomo contained house (or as olheadse requestetl'Faxed or smalled submittals will not he considered. Erasures, interineatlons or other modifications in the submlool shall be initialed by the authorized person signing the Offer S Acceptance/Proposal Signature Page document. The Bld FDFWPdciN Proposal page If applicable) containing Ne pricing must bs completed, including Me acknowfedgemenl of any and all addendum thel was issued The name of the ContractorlCompany must be listed on the page. To be considered responsive, the Offer add Acceptance FormrProposal Signature page must be signed and Hotel by an authorized persons) dBlble to sign contract documents for the contractor and is part of the original biNproposal submittal due at the Stated date and time indicated In the solicnetion. Consortiums, joint ventures, or teems entering submltlals will not be considered responsive unless it is established that all contractual responsibAity rests solely Will one bidder or one legal entity. The Submiftal must indicate Be responsible entity. Submitted; should be aware that joint responsibility and liability will aflach to any resuning contract and failure of one party in a joint venture to perform will not relieve the other Perry or Padres of Honor responsibility for pedom once. If you wish to mail your submittal please note that it is Ne submifteds responsibility to ensure Ne submittal is received at the Front Desk of the Purchasing Office with enough time to have it time and date stamped on or before Ne solicitation ressipt date and time. Faxed or emailed submittals wfllnotbeamwirted. LATE SUBMITTALS WILL NOT BE CONSIDERED. Submittals received after the time and date specified will be returned to the bidder unopened A submMel may be wflhdrawn prior to the dme set for opening submittals. No submittal may be wiNd2wn for a parted of one hundred and twenty (120) days after the date sat for recelpl of submittals. Al any Mme prior to the specifed solicitation due time and dale a Bidder may withdrew the bid. Faxed withdrawals will not he considered. Submittals received by the City with the signed Offer on the Offer and Acceptance formlPromoil Signature document constitutes a legally noting offer by the contractor. 27. AWARD DETERMINATION Bila will be evaluated and recommended for award based en the total bitl cost excluding all applkebie taxes. The total bid cost amount shall include all costs attendant to the bid such as any Preparation charges and transportation and delivery charges full/ prepaid by the Contractor to the destination shecifed in the Bid. Re4uMM15113. a: esomaem INSTRUCTIONS TO BIDDERS s TREE& PALM TREE PRUNING AND REMOVAL SERVICES IFB N 13PBO46 r 27. AWARD DETERMINATION—COMPO The contract shall be awarded to the lowest responsible and responsive bidder Mass bid conforms n all material respeds to the requirements and criteria set ford in the Invitation for Side. The City reserves the right to award by individual line Rem, by group of lire Rams, or as a total whichever is deemed most advantageous to the Ciry. In the event of an 'Add Alternate bid, In order to keep the projedwiOln the budget. the City Wit use Me 'alternate add' bidding process. Under this procedure, the City will award the contract to Ne lowest responsive bidder considering the sum of the 'base bW and Nose 'alternate bid items' Mich are within the budget. CM will select the alternates in the order specified in the bid tabs. The City reserves the right not to select any hem in the 'alternate bitl'. 28. REJECTION OF BIDS The Purchasing Director or City Council reserves the right, as Ne interest of the City requires, to reject any or all submittals, to waive any informaldy in submittals received, to award a contract by accepting or rejecting any attemate submillal(s) (additive or subtractive) and reserves Pe right to reject the submitted(s) of any bidder who has previously failed to perform competently In any contract with the City. 29. PROTESTS Pursuant to the City of Scottsdale Procurement Code Section 2-213 an aggrieved person may protest any aspect of a solicitation prior to award of a whiled As used herein, the phrase 'any aspect of a solicitation' shell be limited in its Interpretation to mean an alleged violation of The CRY$ Procurement Code as it relates to the bed addiction, Its evaluation, or its award. A protest must be filed within ten (10) calendar days after the protestor, exercising reasonable diligence, knew or should have known of fads and arcumdances upon which the protest is board. Failure to protest any issue, fad or circumstance Ne protestor knew or should have known own the exercise of reasonable dllgence within said ten (10) calendar day Pedod shall forever preclude a hearing based upon that Issue, fad or arcumstance. Notice of Awards will be given either through The City Counal Mwfing Agendas for these contracts being awarded by City Council ( i.e. ,for construction and professional services) or through a Notice of Intent to Award Posting, seven (7) calendar days prior to award, on the Purchasing sedion of Ne City's Internet Web Shofar all administratively awarded contracts Award of contracts shall be final and no protest pursuant to this section may he filed after award. A protest must be in writing and shall' State the name and address of the aggrieved! person. Identify Na contracting activity and the number of the solicitation. Contain a statement of all the grounds for the protest that the protestor then knows or should know based upon the examcke of reasonable dilgenw. Include supporting exhlbim, evidence or documents to substantiate any claims unless not available within Ne filing time in Mich case the expected availability date shall be Indicated. 12 aremmnen-Ow Msaaaum INSTRUCTIONS TO BIDDERS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFB 013PB046 29. PROTESTS- CONPD Material submitted by a protester shall not be withheld from an interested party except to the extent that the wXM1holding of information Is permitted or required by law or as determined pursuant to code provisions for confldenllal material. If the protester believes the protest contains material Net should be withheld, a statement a&isirg the Drector of this fad shall accompany the protest submission. The wnfish protest must be filed with the Purchasing Director at Ne following address City of Scedsdale Purchasing Services Department 8181 E San Salvador Dr. Scottsdale,A 85258 Mal James Flanagan, Purchasing Director The Director may dismbs a protest, upon a written determination, before wheduling a hearing K The protest does not state a valid basis for protest or The protest is untimely pursuant b Procurement Code Section 2@13. If Ne director determines a hearing is appropriate under the themnstencus, the director shall hourly the protestor of We time and place Set for a hearing on Me Protest. The director may also give notice of the hearing to any other persons involved in the Solicitation whose interests may the affected by Ne ruling requested from the director. Any person whose interest is affected shall be Permitted to intervene ant participate in such hearing. Nothing contained herein shell require that the protest hearing be held prior to Ne award, K Surname from Ne solicitation, its evaluation or its award cannot be released to Me public until after Me award in order o protect the competitive process or in the best interests of Ne City. 90. CONTRACT AWARD NOTIFICATION Intent to Award notices for contracts conducted as formal articulations will be posted on Purchasing's website an We Intent to Award listing. Informal solic artons will be posted to the Award listing upon award Intent to Award ant awartl information ran be found at Ne link provided below. Imps Il ascottsdaleaz govte5erviceWSolidtaWn9Awards.asox?CID=O The City Council must approve award of contracts for construction and professional services exceeding the formal procurement Hand. Any contract award WIN to City Council for approval is not binding on the City until after approval by the City Cound, even K previously signed by the Contractor and a City reprosenlaGue. All other contracts exceeding the formal procurement limit may be administratively awarded by the Purchasing Director. aeavl om1'ns. roccexat8(Sm INSTRUCTIONS TO BIDDERS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS 013P&0a6 30. CONTRACTAWARD NOTIFICATION -CONI D It is the submltter's responsibility to access this information from the City of Scottsdale Purchasing website link provided above. This is Ne only nofwtion you will receive regarding the posting of Notices of Intent to Award and Award. 31. AWARD OF CONTRACT By skirting me Offer portion of the Otter/Acceptance Form as B pad of the Response to the Solicitation, the contractor is making a non contingent offer to contract with me City shlctly based upon me terms, conditions, and spaeffiwliens contained in the Curl Whdtanon. The City is under no obligation to accept any Identified exceptions. These BN or Proposal Offers do not become contracts until after to Purchasing Director has signed the Acceptance potion of the Offer/Acamanre Form. The contract is then considered awarded to the successful contractor. eliminating the signing of a separate contact. For mat reason, all of the terms, tumblers end! specifications of the procurement contract are content in the solicitation, unless any of the terms, conditions Or specifications are modlad by an addendum to the sol'utatlon, a contract amendment, or by mutually agreed written terms and conditions in me Contract documents. The effective date of this contract shall be the date the Purchasing Director signs me Offer and Acceptance form, unless another date is Specifically stated as theeffedive date. The Contractor is cautioned not to begin any billable work or provide any materials or services under this contract until me contractor receives a purchase order dowment or separate Notice to Proceed. Once the City has awa bled the contact by signing the acceptance portion of me Offer/Acceptance Form, Notice of Contract Award and presenting it to the Contractor, me Contactor is required to provide all additional Bonds matter Insurance Certificates, and other documentation required to issue the purchase order Or Nonce to Proceed within ten (10) calendar days after me date Of this Acceptance of Offer or Notice of Contract Award If the Contactor falls to furnish the restores] documents within the stated 10 calendar days they may be considered in default and may disk forfeiture of any applicable required BN Bond All required documents shall he sent to the Purchasing Representative listed In the solidtation. 32. BID BOND (Not Applicable) Pe W M elllyla-Dx a821ID4fiM3 GENERAL TERMS AND CONDITIONS —IS TREE & PALM TREE PRUNING AND REMOVAL SERVICES N 13PBO46 1. ADDITIONAL SERVICEREQUESTED Any and lce raqueetod which is not spec scally authorized by the Contract or written adjustments thereto, requires the issue of a separate purchase order by the City, for authorization to Perform, and separate billing bythe Contractor for Payment. 2. ADVERTISING No advertising or publicity concerning the CM using the Contractors services shall b r undertaken without priorvmllen approval of such advertising or publicity by Ne City of Scottsdale. Islil Y4]:L w " The Contract and all Contract Documents are considered to be made under, and will be masthead! In accordance with and governed by Ne laws of the State of Algona without hoped to Na Conflicts or choice of law provisions. Any action to enforce any provision of This Contract or to obtain any remedy under this Contractwill be brought in the Superior Court. Malcolm County, Arizona, and for this purpose, each pard expressly and irrevocably consents to be jurisdiction and venue of this Court. !1�F'FirgzillI3:II Services covered by this Contract may not be assigned or sublet in whole or In pad without first obtaining Ne written consent of the Purchasing Director and Contract Administrator. B. ATTORNEY'S FEES In the event ether pard brings any action for any relief. decleretory or otherwise, arising out of this Contract, or on account of any breach or default hereof, Ne prevailing patty shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. e. AUTHORITY Each party hereby warrants and represents that it has full power and aNhonty to enter into and perform this Contract, and Nat the person sgning on behalf of each has been properly authorized and empowered to enter this Contract. Each parry further acknowledges that d has read this Contract, understands O, and agrees to be bound by it. Re<W 01115113. o:ceaznasm GENERAL TERMS AND CONDITIONS TREE B PALM TREE PRUNING AND REMOVAL SERVICES IFS If 13PB046 ez T. CANCELLATIONOFCITYCONTRACTS The City may cancel any contract or agreement, school Pannell or obligation, N any person sgnificantly involved in minding, negotiating, securingh draNlg a Creating the contract on behalf of the City's departments or agencies is, at any time wile the Contract or any extension of the Contend is in effect, an employee of any other pally of Ne Contract in any capacity or a Consultant to any other party of the Conrad vdh rasped to the subject matter of the contract. The cancellamin shall ba effective when written notice from Ne CM Is received by all other paNes to the Contract, unless the notice speeRes a later time (A.R.S. 3&511). 8. CAPTIONSMEAOINGS The headings wed! in the Contract Documents are for ease of reference only and Will not in any way ba Construed to limo or alter the meaning of any provision. The captions used in the Contract are solely for the convenience of the sides, do not constiire a pad of his Contract and are not to be used to Construe or blamed this Contrail. g. CERTIFICATE OFINSURANCE The successful veranda) will be required to furnish IM1e City of Scemsdale a Carl of Insurance on a standard insurance industry ACORDas form or its equivalent when separate Insurance mqulrements are listed under Clause Q9 Insurance Re fulrements. The ACORDm form must he Issued by an insurance Company authorize! to transact business in the Stale of Arizona. Asample of a standard insurance industry ACORDTM farm with the requiretl additional insured language can be found on our Vendor Resources webpage under forms at: hula/ vyyi scottsdalearz goviPurchasina. Failure to provide a Certificate of Insurance with the appropriate verhlage will result In rejection of your opposes and1w may be Cause for Contract default. AddnionaM, CeNTwates of Insurance submitted sel l referencing the Solicitation Number Wil be subject to rejection and discarded. 10. CHANGES IN THE WORK The City may at any Mrs, as the neetl anises, order Changes World IM1e wore of the arms wllhout invalidating the Conrad. If such Changes increase or decrease Oe amount due under the contract documents, or In the time required for performance of the mdr , an equitable adjustment shall be authorized! bywnden Change Order. The City Will execute a formal Change Order based on detailed swiffen quotalians from the Connector for cams related changes andlom 8 time of Completion variance. All Change Orders arc subject to approval by Ne City. Contract Change Orders are subject to Ne Rules and Procedures wlglin the Citys Procurement Cade. Change orders to Contracts may be execulei, according to established mise, viand provided for in the anginal Contract. eenssJ 0111 S'13 - Ca piJIDb4JG GENERAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS If 1OPBO46 10. CHANGES IN THE WORK— CONPD The Contractor will not perform any additional services without awritten Change Order approved by the City. If the Contractor padams adr]hional services without a Change Order, the Contractor will not receive any addhional compensation. 11. CHEMICALS Contractors must agree to provide Material Safety Data Sheets ( MSDS I for all substances That are delivered to the CM of Sco115dale, that come under the Federal requirements of 29CFR 1910 Subpart Z - Toxic and Hazardous Substances, which includes 29CFR 1910.120 - Hazard Communlcallon All Contractors using chemicals on City of Scottsdale property shag use only the safest chemical, with the least harmful ingredients. These chemicals shall ud approved for use by a City of Scohsdele representative prior to bmghg them on property. Contractors shell make every attempt to appy approver] chernicals with highly volatile orgymc compounds, outside of working hours. Adequate ventilation shall be used at all times during the application of these approved chemicals. In conjunction with the Occupational Safety and Health Standards, Subpad-Z Toxic and Hazardous Substances, and Section 1910.1200 Hazard Communication, Contractors are hereby informer] of the presence of (or possible presence) of chemicals in the area Mere Ne work requester] will be performed It Is the responsibility of all selected Contractors to contact the City of Scottsdale for specific Information relative to the than of ChemMals present and location of appropriate material safety data shttls. 12. COMPLIANCE WITH FEDERAL AND ARIZONA STATE IMMIGRATION LAWS Under the provisions of ARG. §414401. the Bidder warrants to Bre City that the Bidder and all its subcontractors will comply with all Federal Immigration lass and regulations that relate to their employees and that the Bidder and all its subcontractpre now campy, with the E -Verily Program under A.R.S. §21214(A). A breach of this warranty by the Bidder or any of its subwnVatore will be considered a material breach of this Contract and may subject the Bidtler or Subcontractor 10 penahies up to and including lamination of this Contract or any subcontract. The City retains Ne legal right to Inspect the papers of any employee of the Bidder or any subcontractor who wake on this Contract to ensure Nat the Bidder or any subcontractor is complying with the warranty given above. The City may conduct random verihcatlon of the employment rands of the Bidder and any of its subcontractore to ensure compliance With this warranty. The Sdder agrees to Indemnify, defend and hold the City harmless for, from and against all losses and liabilities arising from any am all violations of these statutes. w,%&J0a1W13-oo<01zm8em GENERAL TERMS AND CONDITIONS TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFE p 13PB048 12, COMPLIANCE WITN FEDERAL ANDARIZONA STATEIMMIGRATIONLAWS—CONT'D The City Sell not consider the Bidder or any of its subcommi in material breach of this Contract if the Bidder and its subconaraaars establish That they haw compiled vith the employment veMicatton provisions prescribed by B USCA §1324(a) and (b) of the Federal Immigration and Nationality Ad and the E -Verity requirements prescribed by A.R.S. §23-214(A). The 'E -Verify Program' means the employment verification pilot program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs. The provisions of IS Article must be Inducetl in any contract Ne Bidder enters Into with any and all of Its subcontractors sho provide services under this Centrad ar any subcontract 'Se agree are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, buidirg or transportation lacilly or Improvement to real property. The Contractor sill take appropriate steps to assure that all subcontractors comply with the requirements of Oe E -Verify Program, The Contractors failure to assure compliance by all its' Subcontractors with the E -Veiny Program may be considered a material breach of this Contract by the City. 13, COMPLIANCE VISTA FEDERAL AND STATE LAWS The City has entered into this Contract vein the Bidder relying on his knowledge and expertise to provide the services contracted for. As a part of that reliance, the Bidder represents that he knows and understands the relevant and applicable federal and State lawn that apply to the services provided! through this Contract, and agrees to comply Seth these relevant and applicable federal and state laws. The Bidder understands and acknovdedges the applicability to it of Ne American with Duni ities Ad, the Immigration Reform and Control Act of IBM and the or" Free WOMpiace Act of log. The faileveng is only applicable to construction contracts: The Bitlder must also comply with A.R.S. § 34-304, 'Employment of Aliens on Public Works Prohibited', and ARS. § 34-302, as amerAed, 'Residence Requirements for Employees'. 14. CONFLICT OF INTEREST The City may concel any contract or agreement, without penalty or obligation, it any person significantly involved in initiating, negotiating, searing, drahing or creating Na contract on behalf of Me Citys departments or agencies is, at any time while the conduct or any extension of the contract is in aged, an employee of any other party of the contract arm respect to the subject matter of the contract. The cancellation shall be effective when wd8en not from the City is received by all Parties to the contract. unless the notice spews a latertime (A R.S. 38511). 15. CONTRACT ADMINISTRATOR DUTIES The Contract Administrator shall be responsible to audit the brings, approve payments, establish delivery schedules, approve addends, and assure Certificates of Insurance am in Cgys possession and are current and conform to the contract reoluirementa. awmannvns. oo<aemeesm GENERAL TERMS AND CONDITIONS TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFB#13PBUS 16. CONTRACTOR ON SITE SAFJT REPORTING REQUIREMENTS For any non construction City supplier whose Service contracts) (either singular or in aggregate) results in the contractor working 500 or more boos on site at a City of Scottsdale location(s) In any one calender Quarter, the following documentaaan must be Provided by Ne contractor to the Contract Administrator (CA): Ne contractors most recent OSHA 300A (it applicable); all accident reports for injuries that occumed in Ne city under the convect during the most recent review period; Ne contractors current wmkera compensation experence madder. • the above information is to be Provided to the CA iroally and every February thereafter as long as the compact is in force; • the CA x111 Provide this lnfmmation to Risk Management when requested. 17. CONTRACTS WITH SUDAN AND IRAN In accordance wilt A.R.S. §3"91.06 and 35393.00, the Bidder certifies that it dome not have sccugn¢ed business operations in Sudan or Iran, as defined in A R.S. §35391(15) and 35-393(12). 18. COOP USE OF CONTRACT In addition to Ne CM of Scottsdale, this Agreement may be extended for use by other mundipaldies, government agendas and governing bodies, including the Ariaona Board of Regents. and political subdivisions of the State. Any such usage by olberentdies must be in accord with the ordinances, charter auditor miles and regulations of Ne respective entity aid the approval of the Contractor. 19.. COUNTERPARTS This contract may b r executed in one or more counterpane, and each originally executed duplicate counterpart of this Contract Shall be deemed to possess the full force and effect of the original. 20. ENDANGERED HARDWOODS Any construction, budding Southern or alteration project which is financed by monies of this state or its political subdivistons shell not use endangered hoppleal hardwood unless an exemption is granted by the Director of the State of Ar¢ona. Department of Administration. The Director shall only grant an exemption if the use of endangered tropical hardxnod is deemed necessary for heoridd restoration or to repair existing fadiitiea and the use of any substitute material is not practical. Any lease-pochase agreement entered into by this state or its political subdivisions for construction shall Specify that no endangered tropical hardwood may be used in the construction unless an exemption Is granted by the Director. As used in Nis subsection. 'endangered tropical hardwood' includes ebony, letter, mahogany or leak haMwcod. fleNiNOn1y13�axa9ZJR9SJ! GENERAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS p 13PBU86 21. ENTIRE AGREEMENT This Contract consMules the entre understanding of Na names and supereades all prevevs representations, added or oral, wftb respect to the noticed apexed herein. This Contract may not be modified or amended except by a written document, signed by authorized represenladves of each party. 22. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract the Sort will follow Ne Federal governments Affirmative Action guidelines to ensure Nat employees or applicants applying for employment will not be discriminated against because of race, color, religion, cex or national origin. 23. ESTIMATED QUANTITIES All Quantities raferenred In this solicitation document are subject to adjustment dictated by City requirements. Quanfines at variance with stated No quentifies may be purchased as required. 20. EIIECUTION OF CONTRACT The Contractor shall provide all the required documentation, x4kh can include but may not be limited to, applicable bonds, insurance ceNficates, IRS W-9 form and other documentation requiretl to issue the purohase order or nonce to proceed mind ten (10) alandar days after the dale of Ne Acceptance of Offer or Notice of Contract Award by Ne City. If a separate City Contract Is required, the Contractor must execute it vAl in ten (10) colander days and return ri to the City. Failure to complete these requirementswithin ten (10) calendar days may place the Contractor in default. 25. FORCEMAJEURE The City shall not be held responsible for acceptance of all or any part of the materials tendered for delivery under this Agreement due to federal, slate or municipal action, statute, ordinance or regulation, arms or other labor trouble, fire, vdndstaml or other Incidents outside of the CmJs control whkh shall make such acceptance impossible or Impractical. Neither party shall be responsible (or delays or failures In performance resulting from ads beyond their control. Such acts shall include, but not be limited lo, ads of God, riots, ads of war, epidemics, governmental regulations imposed after the fad, fee, communication line failures, or power failures. 28. FUNDS APPROPRIA TION If the CM Council does not appropriate funs to continue this Contract and pay for required charges, the C'Ty may terminate Nis Cashed of Ne antl of the current fiscal period The City agrees to give surged notice to Ne CONTRACTOR at least 30 days before the end of its Arent fiscal added and x111 Pay the CONTRACTOR for all approved charges incurred through the end of this period. amBNelllana-M[ W[YMVJt] GENERAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AMID REMOVAL SERVICES IFS p 13PROMI 27. INDEMNIFICATION To Ne fullest extant permited by law, Bidder, its successors, sedges and guarantors, shall defend, indemnify and hold harmless the City of Seotsdale, its agents, representatives, officers, directors. officials and employees from and against all allegations, demands, proceedings, suite, actions. claims, damages, losses, expenses, including but not limited to, attorney fees, won casts, end the cost of appellate proceedings, and all claim adjusting and hal expense, related to, arising from or out of, or resulting from any negligent or Will actions, aW, erors, metakes or omissions by Bidder relating to m* or services performed under this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employee by any of them or anyone for Mesa acts any of them may be liable and any injury or damages chimed by any of Bidders and Subcontractors employees. Insurance provisions set forty In this agreement. A any, are separate and independent from gle Indemnhy provisions of Ne paragraph and shell not be wnstued in anyway to limit the scope and magnitude of Ne indemnity provisions. The indemnity provisions of this paragraph shall not be construed in anyway to limit Na scope and magnitude and appliradlity of the insurance provisions. 28. INDEPENDENT CONTRACTOR The services Contractor provides under Me terms of this Contact to Ne CM are that of an Independent Contractor, not an employee, or agent of the City. The City Wit report the value paid forthese services each year to the InU mal Revenue Service (I.RS.) using Form 1068. City shall not withhold income lax as a deduction from contractual payments. As a result of the. Contractor may be subject to I.R.S. provisions for payment of eslimeted income tax. Contactor is responsible for consulting the local I.R.S. office for wrrent information on separated tax requirements. 28. INSURANCE REQUIREMENTS surance Representations and Requlreme" Genera Contractor agrees to comply with all applicable City ordinances and slate end tedeml laws and regulations. Without limiting any obligations or liabilities of Contractor, must purchase and maintain, at As own expense, this Contract's stipulated minimum Insurance win howance companies propend licensed by the State of Arizona (admittetl insurer) with an AM Best Inc. rating of B at 6 or above or an equivalent qualifietl unlicensed insurer by the Stale of Arizona Iron -admitted insurer) Will polices and forms satisfactory to City of Scottsdale. Failure to maintain insurance as specified may result In termination of Me Contract at City of Swnetlale's option. 11 i 01JIL1a. EwXc ixxS a GENERAL TERMS AND CONDITIONS TREE 6 PALM TREE PRUNING AND REMOVAL SERVICES IFB N 13PBO46 18. INSURANCE REQUIREMENTS - CONT'D Insurance Representations and Reaulrements- Cont'd No Representation of Coverage Adeauaw By requiring the Insurance stated in this Contrast, the City of Scottsdale tices not represent Net Coverage and limits will be adequate to protect Contractor. City of Scottsdale reserves Ne right to review any and all of the Insurance policies and/or endorsements requiretl by this Contract, but have no obligation to do so. failure to demand any evidence of full Compliance with Ne insurance requirements stated In this Contrast or failure to identify any Insurance deficiency does not relieve Contractor from, nor be construed Cr Considered a waiver of, its Cogitation to maintain the requiretl insurance at all times during the performance of this Contract. Coverage Term All Insurance required by this Contract must be maintained in NII force and effect until all walk or services required to be perfomred under the terms of this Correct are sandy ctodty pedormde, Completed and formally accepted by the City of Scottsdale, unless Specified o@ends¢ In this Contract. Claims Made In the event any insurance Whose required by this Contract are vanish on a'Claims made- basis, verage must extend either by keeping coverage in force or purchasing an Warded reporting option, for 3 years past Completion and acceptance of the with or services as cadenced by Submission of annual Cartia ales of Insurance citing applicable coverage Is in force and Contains Me provisions as required for the 3 year period. Policy Deductil aad or Sell -Insured Retentions The policy requirements may provide Coverage which Contains deductibles or sett -insured retention amounts. Any deductibles or self-induced retention are not applicable to the policy limits provided! to City of Soohedale. Contractor is Solely responsible for any dedurinde or self-insured retention amount. City of Swtstlale. at its option, may require Connector to secure payment of any deductible or sea -insured retention by a surely bard or irrevocable and unconditional Letter of Credit. Use of Suboontrectom If any mrir under this Contract is subcontracted in any way, ConsullantiArcmeWEnginsed the same Indemnifroation Clause and Insurance Requirements as stated In this Contract protecting City of Scottsdale and Contractor. Geometer will be responsible (or executing the agreement vmh Subcontractor and obtaining Certificates of Insurance verifying Bre insurance requirements. a�prnpn-oo<cenxssm GENERAL TERMS AND CONDITIONS MEE & PALM TREE PRUNING AND REMOVAL SERVICES WEN 13PS046 r 29. INSURANCE REQUIREMENTS - CONT'D Insurance Representations and Reauirements -Cont'd Evidence of Insurance Before staining any work or services under this Commit, Contractor must Nmish City of Scottsdale with CertDcate(s) of Insurance, or formal endorsements as resumed by this Contract, Issued by Contractors insurer(s) as eWdence that policies are placed with acceptable insurers as attempted in this Contract and provide the required coverage, conditions, and limits of coverage and that this coverage and the provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage. City of Scottsdale will reasonably rely upon the Certificate of Insurance as evidence of coverege bid this acceptance and reliance will not waive or alter in any way to insurance requirements or obligations of this agreement. If any of ole above cited polities expire during the lite of this Contract, it is Contractors responsibility to forward renewal Certificates within ten (10) days after the renewal dale crnteining all the aforementioned insurance provisions. Certificates must specifically cite the following provisions: 1. City of Scottsdale. Its agents, representatives, officess, directors, Officials and employees must be named an Additional Insured under Ne following policies a) Commercial General Liability bg Auto Wittily c) Excess Liability -Fallow Fmmtoundedyinginsumnceasrequired. 2. Commodore insurance must be primary Insurance as reapeds performance of subject contract. 3. All policies, except Professional Liability insurance, R applicable, waive rights of recovery (subrogation) against City of Scottsdale, Its agents, representatives, officers, directors, officiate and employees for any claims arising out of work Or services peRorned by Contractor under this Contract 4. If the Contractor receives notice Net any of the requimd polkies of insurance are materially reduced or cancelled, it will be Contractors responsibility, to provide prompt nonce of same to the City, unless such coverage is immediately replaced with similar polities. Resulted Cavera ce Commercial General Liablittv Contractor must maintain-occumence-form Commertial General Liability insurance AM a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2.000,000 General Aggregate Lim. The policy must cover liability during from premises, operetions, independent contractors, products completed opera0ans, Personal injury and advertising injury. If any Excess Insurance is utilized to fulfill the requirements of this section, Ne Excess insurance must be'follow form' equal or broader in coverage scope Nan underlying. P.e.a mown. wwrerooi GENERAL TERMS AND CONDITIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES . IFB is 13PENS r 99. INSURANCE REQUIREMENTS — CONPD Repaired Coverage — Coned Vehicle Liability Contractor must maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractors owned, hired, and nomownel vehicles assgned to or used in the performance of Ole Contracloes wark or services under this Contract. If any hazardous material, as planned by any local, state or federal authority, Is the subject, or transported, in the performance of this contract, an MCS 90 endorsement is required providing 85,000,000 Per Occurrence limits of liability for bodily injury and property damage. If any Excess insurance is ultiZed to fulfill the requirements of this section, the Excess insurance must be Toiow form equal or broader In coverage scope than underlying. Workers Compensation Insurance Contractor must maintain Workers Compensagon insurance to cover oblgatiens imposed by federal and state statutes having jurisdiction of Contractors employees engaged In the pedormence of work or services under this Contract and must also maintain Employers Liability Insurance of not less than $100,000 for can accident, $IGJ disease for each employee and $500,000 disease policy limit. 30. LITIGATION The Bidder will disclose any issue or potential issue that may have a materiel burning on the financial condition, solvency or credit worthiness of the organization. Discount includes any material contingent liabilities or uninsured potential losses, Involuntary, contract terminations in Other jurisdictions and any call or Involuntary bankruptcy filings over Ne past T years. The Bidder will also discrose any litigation in enrich the Bidder has been involved in, either as a plaintiff or defendant, Saito the past 3 years, and the Bidder shall agree N noft the CM aMnin 24 hours of any Hgatlon or signgcant potential for litigation of which Me Buffer becomes aware. Further, the Bidder will be required to vramant that it Sell disclose In voting to Me CM all litigation invoMng the Bider, Ne Bidders related organization, owners and key personnel. 31. LOCAL CONDITIONS, RULES AND REGULATIONS The Bidder shall familiarize himself with the nature and extent of the Contract documents, work to he reformed, all local commons, and federal, slate and coal laws, Ordinances, miss mut regulations that in any manner may affect cost, progress or pefemnance of the work. 39. MODIFICATIONS Any adjustments, alterations, additions. deletions, or modifications in rhe terms and/or conditions of this contract must be made by written Change Author'vation approved by the Contract Administrator. Purchasing Director and the Contractor. If Contractor perforins any moth cation without wMlen Change Authorization, the City shall not he Obligated to adept aaN modification. ReNef elllyla-Mtei3R9SMa GENERAL TERMS AND CONDITIONS TREE S PALM TREE PRUNING AND REMOVAL SERVICES IFS N 13PB046 33. NO PREFERENTIAL TREATMENT OR DISCRIMINATION In accordance with the provisions of Article II, Section W of the Arizona Constitution, the City all not grant preferential treatment to or discriminate against any individual or group on the boars of race, sex, color, a@nieity or national origin. 34. NO WAIVER The failure of ehher party to enforce any of the provisions of the Conaad Documents in to require Performance of the other party of any of the provisions of Nu Centred will not be construed to be e waiver of Nose provisions, nor vnll it affect the validity of the Contract Documents, or the right of either party to enforce each and every provision. No delay or failure of either party in exercising any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such rgld d any other rights hereunder. All waivers must be in writing and signed by the Peed to be charged. Any waiver by either party of any requirement hereunder shell be deemed to ba a specific limited waiver, and shell not tm deemed to be a continuing waiver nor a waiver of any other requirement hereof. 35. ORDER OF PRECEDENCE In Ne event of a conflict In the Provisions of this seliclta0on or resulting conned, as accepted by the City and as they may be amended, the following shall prevail In the order set forth below: 1. Signed and fully executed separate Contract or Offer and Acceptance Sheet 2. Special Terms B Contl0bns of the solicitagon 3. General Tons B Condition of the solicitation 4. Statement or Swiss of Work( SOW) 5. Specifications S. Attachments Z Exhibits S. Instructions to Bidders l Other documents referenced or included in the refcitation or contract 36. PATENTS The Contractor agrees upon rewipt of notification to promptly assume NII responsibility for the defense of any suit or proceeding which is, has been, or may be brought against Ne City of ScuXsdale and its agents or bidders for alleged patent anchor copyright infringement, as well as for Me alleged unfair competition resulting from similarity in design, batlemark or appearance of goods by reason of the use m sale of any goods lurnished under this contract and the Connector further agrees to indemnify the City against any and all expenses, losses, royalties, profits and damages including court seals and abormys fees resulting from the bringing of such suit or proceedings including any settlement or cause of judgment entered therein. The City may be represented by and actively participate through its am counsel in any such suit or proceedings If It so desires. 25 xensmomurs. m[*QKM6vM GENERAL TERMS AND CONDITIONS 0 0_. TREES PALM TREE PRUNING AND REMOVAL SERVICES IFS O 13PB046 37. PAYMENT TERMS The City of Embodies payment tens are payment organ Many (30) days except in Title 34 dmumstances wgere payment is required vNhin fourteen (14) days. Payment may Ire saonef inhere Cash discounts are offered for early payment, however, cash discounts offered will not be considered in determining harvest bidder. In no event will payment be made prior to receipt of an orglnal invoice containing invoice and Purchase Order numbers and receipt of purchased Rem. The City i5 not liable for delays in payment caused by failure of the vendor or connector to send Invoice to the address specified behove CITY OF SCOTTSDALE ACCOUNTS PAYABLE 7447 E. INDIAN SCHOOL ROAD, 0210 SCOTTSDALE. ARIZONA 852514488 38. PRICE REDUCTION If Contractors, manufacturer, or supplier at any lime owing the worse of this contract, makes a general price decrease, to the Contractor, the Contractor shall promptly notify the City in morning and extend such decrease to the City effective on the date of such general pace decrease. 39. RECORDS AND AUDIT RIGHTS Bidders and SubconVeGars books, records, cerespondetce, accounting procedures and practices, and any othersuppodhng evidence hooding to this Contract (all the foregoing hereinafter referred to as -Records-) shall be open to inspection and subject to audit and/or reproduction daring normal working hours by the City of Scottsdale, or its autha¢etl representative, to the event necessary to adequately permit evaluation and veaficathon of any invoices, payments or claims based on Bidders or SubwntradoeS actual costs (including direct and trailed Casts and overhead allocations) Incurred or unds expended directly in the performmxa of work under this Conned. For the purpose of evaluating or verifying such actual or claimed costs of units expended the City of Scottsdale or its authorized representative shall have access W said Records from the effective date of this Contract for the Mumma of the work and until three (3) yearn after the date of final payment by the City, of Scottsdale to Bidder pursuant to this ConVad. The City of Scottsdale or its authored representative shall have access, during normal working hours, to all necessary Bidder and Subcontractor moldies, and shall be provided adequate and appropriate work space, in order to conduct audits In compliance wig the provisions of this Abode. The City of Swlo dale shall give Bidder or Subcontractor reasonable advance notice of intended audits. Bidder shall require Subcontractors to comply wch the provisions of this ANde by insertion of the requirements hereof in any subconnacl pursuant to this Contract If an audit In accordance vnth this aside, discloses overcharges. of any nature, by the Contractor to the CRY in excess of one percent H%) of the total contract billings, the actual war of the City's audit shall be reimbursed to the City by the Contractor. Any adjustments anchor payments which must be made as a result of any such audit or Inspection of the Contractors invoices anchor records shall be made Within a reasonable amount of time (nor to exceed go days) from presentation of Citys findings to Contractor. a.....m pinPla-o:amauasm GENERAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFB B 13PBO46 TO be considered responsive. Contractors must the registeredgcansad In Me Slane of Arizona. If such registretioMicense Is normally a requirement. 01. REQUEST FOR TAXPAYER I.O. NUMBER a CERTIFICATION IRS HAS FORM Upon request, Ne Contractor shall provide the required I.R.S. W-9 FORM which is available from the IRS websge at movARSdov under Moir forms section. 42. RISK OF LOSS Contractor agrees to bear all Maks of loss, Injury or destruction of goods and materials ordered as e result of th s Invitation for Bid which occur pnor to delivery to the City: and such loss, injury, Or destruction shall not release Contractor from any obligation hereunder. The Contractor agrees upon receipt of notification to pmmpgy assume NII responsibility for the defence of any suit of proceeding which is, has been, or may be brought against the City Of SwUledale and its agents or vendors for alleged patent Sell copyright infringement, as will as for Ne alleged unfa r competkion resulting from slmllarty in design, trademark or appearance of goods by reason of the use or sale of any goods furnished under this contract add Ne Contractor fudher agrees to Indemnify the City against any and all expanses, losses, royalties, profits and damages Including court costa and attorneys tees resulting Gem the bell of such suit or proceedings Including any settlement or decree ofjudyment entered therein. The City may he represented by and adwely, participate through its own counsel in any such suit or proceedings if it so desires. 43. SCOTTSDALE CITY SEAL AND CITY SYMBOL The Scottsdale City seal (as defined in S.R.C. § 2-1) and the City symbol are registered marks and are reserved solely far the CWs use. Any other use or repro&ction of Ne Citys registered marks in any print,digital, or older media and wkhoul the City's express, wriften consent is prohibited As a breach of this prohibition may impair the Citya reputation, adds its marls), or otherwise Owes Me CM Irreparable harm, Ne CM shall be entitled to an immediate injunction enjoining such use in addition to any other legal of Notable remedies. ". SEVERASILITY If any provision of the Contract Documents or the application of Nam to any person or circumstance is invalid, illegal or unenforceable to any ailed, the remainder Of the Contract Documents and their application wall not be affect" and are enforceable to the fullest extent parmiged by law. 45. SUCCESSORS AND ASSIGNS No right or interest covered by this Contract shall be assigned in whole or in pad vMhout the poor when consent of Ne City, 27 Rental OVW$3�M[tti3tHS GENERAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFB If 13PS046 I 46. SUCCESSORS AND ASSIGNS— CONPD The CONTRACTOR and Me City agree mat me provisions of the Contract Documents are binding upon the partes, Meir employees, agents, heirs and assigns. This Contract wassail to and 4 binding upon the CONTRACTOR, its successors and assigns, rousing any individual, company, partnership or other entity win or into which the CONTRACTOR merges, commutable or is Iguidated, or any person, cooperation, mora ip or other entity to watch me CONTRACTOR sells reassure. 46. TERMINATION Termination for Convenience: City reserves Me right to terminate the centrad or any part hereof for its sole wnvemence with thirty (30) days written notice. In the event of such lerminaton, Contractor shall immediately stop all work hereunder, and Mall immediately muse any of its suppliers and subcontractors to tease such work. Contractor shall be ped a reasonable termination charge managing of a percentage of the order prion reflecting the percentage of the wodc performed prior to me notice of (command, plus actual direct costs resulting Gom nomination. Contractor shall not be paid for any work done after receipt of Me notice of termination, nor far any costa incurred by Contractors suppliers w subcontractors which Contractor could reasonably have avoided Contractor shall not unreasombly anticipate Me requirements of this contrad. Cancellation for Cause: City may also terminate this contract or any part hound with "van (7) days notice for muse in Me event of any default by the Contractor, or R Me Contractor fails to comply with any of the tensa and conditions of this contract. Lala deliveries, deliveries of Products which are defective or do not conform to this contract, unsatisfadory performance as judged by the Contract Administrator, and failure to provide City, upon mums[, with adequate assurances of future performance shall all be mums allowing City to terminate MIs contract for muse. In the event of termination for muse, City shall not be liable to Contractor for any amount, and Contractor shall be liable to City for any and all damages sustained by reason of the default which gave rise to Me termination. If it should bn determined that Qty has improperly terminated this contract for default, such termination may be deemed a termination for convemence. In the event Contractor Is In violation of any Federal, Stale. County or City law, regulation or ordinanm, the City may terminate this contract Immediately upon giving notice to the Contractor. 47. TESTING OF MA TERIALS Men required in the course of any service or contract the procures and methods used to sample and test material will be determined by the CM. Unless otherwise specified, mmples and test will be made In compliance WM the fallowing: The City of Scottsdale Minimum Sampling Frequency Guide, The City of Scandal Material Testing Manual and the standard methods of AASHTO or ASTM, DSPM and MAG supplements. n.�..m omm�-oo<amzmsm GENERAL TERMS AND CONDITIONS TREE S PALM TREE PRUNING AND REMOVAL SERVICES UPS #11PSY46 47. TESTING OF MATERIALS —CONT'D The City will provide a pre-cualiAed City or Independent Testing Laboratory and will pay directly for indiai City Acceptance Testing. Men the fret and subsequent tests indicate noncompliance with the specifications, the cost associated with that noncompliance will be paid for by Ne Centel Men the first and subsequent taste indicate noncompliance with the specifications, all alesling will be performed by the same testing agency. Rejected malenals shall be immediately removed and shall not be used in any tone for any other pad of the work. 46. TIME IS OF THE ESSENCE The City and the CONTRACTOR mutually agree Nat time Is of the essence with respect to the dates and times contained In Ne Contract Documents. 49. WARRANTY Contractor expressly warrants that all goods or services fsmi had under this agreement Shall conform to all specifications and appropriate standards, will ba new, and will be free from dell in material or wtllkmanshlp. Contrachor warrents that all sun goed5 err seN IX3 WI aonlOmt to any statements made on the containers or labels or advertisements for such goods, or services, and that any goads will be adequately conlalned, packaged, marked and labeled. Contractor warrants that all goods or services numishttl hereunder wilt be memhanlable, and will be safe and appropriate for the purpose for which goods or Services of that kind are normally used. If Control knows or has reason to know the particular purpose for which City intends to use Ne goods or services, Contractor warrants that such goods or aervices wall be Td for Such particular purpose. Contractor ammonia that goods or services fumished will conform in all issues to samples. Inspection, test, acceptance of use of the goods or servicesfumished hereunder shall not affect the Contractors obligation under this warranty, and such warranties shall Survive inspection. test, acceptance and use. Contractors warranty shall run to City, Us Successors, and assigns. Contractor agrees to replace or corms defects of any goods or services not conforming to the foregoing warranty Final without expense to City, when notified of such nonconformity by City, provided City elects to Provide Contractor with the opportunity to do so. In Na event of failure of Contractor to corset defects in or replace nonconforming goods or services promptly, City, after reasonable notice to Contractor, may make such cortecgons or replace such goods and Services and charge Contractor for the cost incurred by City in doing So. Contractor recognizes that Chi requirements may require immediate repairs or reworking of defective goods, without notice to the Commoner. In such event. Contractor shall reimburse City for the costa, delays, or other damages whlM City has Incurred. 29 amxaomvh]-Ncr833tHSYGi SPECIAL TERMS AND CONDITIONS TREES PALM TREE PRUNING AND REMOVAL SERVICES IFB q 13PB046 e 1. ACCEPTANCE/AGREEMENT Any agreement made pursuant to Nis intonation must be accepted in wiling by the Connector. If for any reason Contractor should fail to accept the Agreement in writing, any conduct by Contractor whkh recogniz s Ne edstenra of an Agreement pedalning to the subject matter hereof shall causal acceptance by Contractor of Ne Agreement and all of its terms and conditions. Any terms proposed by Contractor which add to, vary from or conflict Mir the terms herein are hereby objected to. Any such proposed teams shall be void and the terns herein shall rnnatithe the complete and exclusive statement of the terms and conditions of the Agreement between the parties and may hereafter be motllfled only by when inaWment executed by the outhodx rf representatives of both parties. If any Agreement "a been issued by the City in response to a bid and if any of the terms therein are additional to or different from any terms of such bid, Nen the issuance of the Agreement by the City shat cemtilute an acceptance of such bid subject to the express condHions that the Connector assent to such additional and different terms herein and acknowledge that the Agreement constitutes the entire agreement between the City and the Contractor Wth respect to the subject matter and acknowle l unless Contractor nobles the City to the contrary in voting whin ten (10) days of receipt of the Agreement. Pill. TsI'l•]1:'L•]:1:4 The Contractor shall ba responsible for the acwracy of the wad requested and shall promptly make all necessary revisions or corrections without additional Compensation. Acceptance of me MIR by to Project Manager will not relieve Ne Con0actor of the responsibility for subsequent correction of any errors and the c ablation of any ambguttes. 3. ADDITIONAL LOCATIONS The CM of Scottsdale reserves the right to add or subtract to his contract as the need arises due to changes In the amount of buildings. In the event the CM needs to add to this contract, Ne pricing for any addillons to services shall be applied per the appicable contact unit costs. Any solutions or subtractions to the contract shall be done via a written change order and the a MINIMUM of thirty (30) days prior to rhe changes laking effect. 4. CITYASSURANCE The Contract Administrator shall report to the Contractor in wiling, via email, or other written documentation, all deficiencies in the quality of performance of Ne maintenance service. All communication, written or verbal, hetMen Na City of Scarsdale and Ne Contractor will be in English. All deficiendes in the performance of the Contractors service shall be corrected by Ne Contactor as directed by the Contract Administrator. The Contract Administrator shall on an ongoing basis monitor and review the performance of Ne Contractor and employees. The outcomes of this oversghl shall have a direct Dearing on Ne opportunity to negotiate a renewal of rhe contract, when applicable. SPECIAL TERMS AND CONDITIONS Independence Day TREE B PALM TREE PRUNING AND REMOVAL SERVICES ry Labor Day tat Monday In September IFS#13PS040 l 4th Thursday In November Unless agreed upon by the City Contract Administrator and the Contractor in writing, no work shall take place on holidays or weekmais. City holiday time frame to be 6 W P.M. fire eve of the holiday unk15-Ag A.M. on the day after Ne holiday. City Halkdays Include: New Years, Mahn Luther King, PresidenU, Memorial, duty be, Labor Day. (Thanksgmng —Thursday and Friday of Ne third weak in November), Christmas. a. Independence Day July 4th(or Friday before or Monday after) b. Labor Day tat Monday In September c. Thankagivng Day 4th Thursday In November d Day after Thanksgiving 4th Friday In November e. Christmas Day December 25th (or Friday before a Monday after) f. New Years Day January Iat(or Friday before a Monday after) I. McNn Luther King Day 3rd Monday in January h. Presidents Day Ind Monday in February I. Memorial Day Last Monday in May 6. CONTRACTOR'S EMPLOYEES' IDENTIFICATION AND WORKAPPAREL All Contractor employees Performing work under the amps of this armed shall wear conservative style uniform shirts that will have sewn on or embeased identification labels of Ne Contractors company name, anchor, logo, and x111 appear an the front area of the shift near crest height of the shirt. Shirts may also have company name or bga appear on the backside of the ship. Contract Administrator wi11 approve proper identification on union curing the Ike of Ne contract. Contractor shall provide employees with IEeru floation nametags to include name and picture of the employee and Contraci company name and applicade logo. Employee will wear the namelag In plain view on his person at all times while "morning the work under the scope of the contract. NI employees shall have the supeNlsors business cards wallaNe. In auction the lead person' of each view shall wear a badge clearly identifying fire position of am leader. Contractors emplayees shall wear uniform side slacks, 'Levi type stake, or Bermuda type shorn. If shads are worn they shall be of Bermuda style length (cut fust above the knee). Cut- a#s and short -shorts are not acceptable wearing apparel. Outlandish styles, patterns. hate, Was of wei apparel, verbiage impnnted on apparel, etc. worn by to Contract Employee that may promote negativity id Ne work place, or advertise any product other than the Contracars company name andror Ingo vad not be allowed. Sandals, f ia-fl , open -toed shoes are not acceptable foolki SPECIAL TERMS AND CONDITIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFS p 13P0046 S. CONTRACTOR'SEMPLOYEES'IDENTIFICAnONANOWORKAPPAREL—CONPD The Conrad Administrator shall be the sole determinant of the appropriateness of all Werk earned. It shall be the Contractors responsibility to make sure all employees performing any work at any location under Ne stype of this contract, are furnished and Use Ne proper Personal Protective Equipment (PPE) brand on Me type of work the employee is doing and the type of hazed the employee may encounter or be exposed to. Walkman type radios or any apparatus, which may interval reading or sight, will not be allowed Earplugs andlor safety glasses are exempt. The Contractor shall instruct all employees, in advance, as to what to do in a medical emergency. If an injury to an employee is of sufficient nature to warrant immediate professional medical attention, Ne employee shall seek out proper medical attention immaculately. The employee shall notify the on -duty lead person (or supervisor) of any personal Injury, including minor Cuts, screw or burns. The on duty lead person shall Immeclalery notify Me Contract Administrator of such injuries. T. CONTRACTOR SUPERVISORS AND CREWS The Contractors Supervisors) shall have full authority to act on behalf of Ne Contractor in any animism. The Contractors Superviaor(s) and crews shall be monitored by Me Contract Administrator for their effectiveness interacting wlh City personnel, citizens, and ability to maintain a When schedule. The knowledge and effectiveness of the Contractors Supemsor(s) and crews shall have a direct impact on any possible and applicable cooled extensions. Actual crew size shall be the responsibility of the Contractor to establish Refer to the Specifications Section—Minimum Crew Size. S. DELAYS AND EXTENSIONS During the course of this Contract, lf deemed in the best Interest of the City of Scottsdale, an extension of time may be granted. However, any time extension so granted shall not constitute or operate as a waiver by the City of Scottsdale of any of its rights herein. SPECIAL TERMS AND CONDITIONS s ,l TREE& PALM TREE PRUNING AND REMOVAL SERVICES IFS If 13PBO46 e. FUEL SURCHARGES Fuel surcharges shall NOT be allowable during Ne term of this contact. 10. INVOICING All invoices submitted for work done under the coupe of gds contract MUST BE ITEMIZED. Itemrsetl invoices shall contain a MINIMUM of the following information: •Vendor Name • Remit to Address • Purchase Order Number • Invoice Dale • Invoice Number • Date servicaN ork was completed • Complete description of work completed • Location where serviceMmrk was Performed • All invoicing shall list Ne names of your crew members and their continuation documents. • [reversed list of all charges (quantity, description, unit pricing par the contract) • Tax Mount It applicable) • Total Invoice Mount Initial Invo'ce(sl - Include cetlRcetion documents for all crew members providing services under Ne contract, for Ne billing Period being Invoiced. New Emolovee(t - Provide ownfl a0on documents at the time of invoicing, for the billing period being invoiced. Once condoned documents are on record with the COS Convat Administrator (CA), referring to them will suffice (i.e., Conificate on file with COS). Renewed certfica0on documents shall he provided with the initial invoice for each crew member. The Contractor shall submit invoices with all supporting documentation will thirty (30) days after the servicelwork is completed and approved by the Contract Administrator. 11. KEVPERSONNEL The Contractor shell provide an adequate staff of experienced personnel capable of and devoted to the successful accomplishment of Contract work. The Contractor shall assign the specific individuals identified in its proposal to key positions. The Contract Is predicated, in pad and among other considerations, on Ne u0t¢ation of the specific individuals) anifor personnel qualificelion(s) identified anmor recorded in the Contractors offer. Therefore, no subsMllon of such specified individuals endfor Personnel shall be made withal prior written apgoval of the CA. Any substitution of Personnel under this Contract shall be equal or better than these Muddied in the Contract. The City's approval of a personnel subtitutlon shell not be construed as an acceptance of the substitution's performance potential. No approval shall be unreasonably wtlhheld of a proposed Swi ti Orton of personnel. The Contractor shall bear all bansitional expenses incurred for any costs associated with removing or replacing Key Personnel Me are performing work under Ne contract. Refer to the Specifications Section - Personnel Requirements SPECIAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS p 13PS046 11. LIQUIDATED DAMAGES If the Contractor fails to deliver the supplies or perform the services within the time speed in their contract, or any extension thereof, Ne actual damages to Ne CM of Scottsdale for Ne delay Will be difficult or impossible to determine. Therefore, In lieu of actual damages, the Contractor shall pay to the CM of Scottsdale as fixed agreed, and pgWdaled damages for each calendar day of delay, Iha amount of one hundred dollars ($100.00.) The Contractor shall not be charged with liquidated damages when Ne delay arises out of muses beyond Ne control and without the fault or negligence of the Contractor. 13. MULTIPLEAWARDS If deemed to be in me City of Sconsdaleis beat interests, the City reserves the right to award multiple contracts as a result of the solictlatian process. 14. NONCOMPLIANCE CONDITIONS AND REMEDIES Schedule Non -Compliance - Failure to maintain Na approved or adjusted schedule Will result in Ne issuance of a notice of non-compliance by We Contract Coordinator, or designee. Failure to corect the non-compliance situation within the time imposed by the City may result in Ne Contractor's forfeiture of payment for to work Nat was not completed In the beeline issued by Ne Contract Administrator, or designee. At this point the City of Scottsdale Will exercise its right to either perform the work ltseH or use another approved company to perform Ne work. Any work done in this manner will be deducted firm the monthly billing. This since will in noway alleviate the responsibility of the Contactor to continue to maintenance of this site once me area has been recovered. Employee Non-Comollance - Any employees) not following the standards set farm herein Wil be caked to leave the job site until basic work standards are met. This shall not alleviate the Contractor from fulfilling Its responsibility to adhere to to schedule established with the Contract Administrator, or designee. Throughout me Ile of this Contract every effort will be made to maintain effective communication With the Contractor. Phone calla, emails and faxes will he me normal way of alergng the Contactor to minimal violations. Persistent andfor negligence w1l be dealt with in a formal setting. Failure of this Contractor to perform any services or rec ulremmos of the contact shall be muse for the Contrad Administrator to deduct payment based on administration meta, cost of labor for services having to be accomplished by others, supplies and materials; to be determined by me Contract Administrator, The disciplinary procedure for the seceon shall be: 34 SPECIAL TERMS AND CONDITIONS TREE B PALM TREE PRUNING AND REMOVAL SERVICES IFBR13PB04S 14. NON-COMPLIANCE CONDITIONS AND REMEDIES —CONPD Pint infraction — A letter ofnon-compliance' shall be issued by the Contract Adminis ator. The Contractor shell have twenty-four (24) hours to respond in riling detailing what steps shall be taken to bong Ne maintenance back to compliance with the Can0ad. Remedy shell be executed Will seventy-two (72) hours of notice Issued by Contract Administrator to avoid a second letter of nom compliance. A letter of non-compliance will not result h any money charged against the Contractor. Second Infraction— The second Infraction in the same area, or Ne same type of infraction shall result in a meeting wfth the Contractor. The second latter of non canpliance shall result in a deduction from the Con ractols monthly bill of Iwe hundred and fifty dollars (5250.00) per Ne Liquidated Damages clause of Ne General Tema and Conditions. Failure to correct the non- compliance situation vathin Ne lee imposed by Ne City may result in the Contractors forfeiture of payment for the work that was not completed In the timeline issued by the Contract Administrator. At this point the City of Scottsdale will exercise its right to either pedorm the work need or use another approved company to perform Ne work. Any work done In this manner will be deluded from Ne monthly billing. This action x111 In noway alleviate me responsibildy of Me Contractor to continue the maintenance of this site once the area has been recovered. Third Jiffraction - The third infraction, within six (S) months, shall result in a meeting belxeen the Contractor, CM of Scogadale (Community ServiceaPeAs & Recreation Department) staff and City of Scottsdale Purchasing staff. The Contractor shell exyain, and put in writing, the action they an going to implement to avoid this Morgan tuner. The third infraction results in me Contractor being put on forty-five (45) day initiation, beginnhg with Ne meeting with City staff. At any time during the fodydrie (45) day probation period Ne Contractor may be terminated with a seven (7) day notice. My payments due at met time shall be frozen will the Contact has been serviced to specifications. If this is not possible the Contractor has no expedation of payment 15. PRICEESCALATION Pace increases may only be requested by the Contractor, thltty (30) days prior to the anniversary date of the Agreement. Failure to do so may recon in the denial of any increase requested. Pace increases will become effective only after approval by Ne Contract Administrator and the Purchasing Director and shall be effective for at least one (t) year from the date of approval. Approved pace increases volt he applied to the unit Pricing in Ne Agreement as a Percentage The increased rate shall be based upon mutual consent 01 the Contractor and the Contract Administrator, however; the Contract Adminiabator shall evaluate the Contractofs performance, services add records documentation to determine the appropriateness of the increase requested. 35 SPECIAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFB N 18PBO46 15. PRICEESCALATION-CONT'O The percentage increase in Ne unit pricing may not exceed the percent in the United Slates 'Consumer Price Indee for All Urban Consumers West Urban (C.P.I.U.) U. S. City Average for the Percent Change from the Year Ago as published by the U. S. Department of Labor Bureau of Labor Statistics. Index Base Period 1982-04=100. 16. PRICING Pricing shall ba listed on the Bk Form pages. Prices bid by the Bidders shall be applicable during the entire initial tend of the contact. For reasons of dandy all submissions of pricing shall W priced in the same unit (unithoudy, etc) as requested an the BN Form herein. Bidders failing to comply with this requirement may be declared nom responsive. Unit prices quoted herein shall be all Inclusive and Include all perMart additional fees normally associated vMh this type of service. This shall include, but not be limited to, environmental fres, shop supplies, disposal, clean-up, Vaneparietion, etc. No additional chargee beyond the quoted unit price (except applicable sales tax) shall be allowed unless authorized by the Contract Administrator before final invoicing. Unit prices quoted shell be applicable for any quanitylsertlres ordered by the City of Scolexi or ci ferentietd on the Bid Form or other supporting documentation. The Bidder is strongly encouraged to offer additional pricing for relald items, products and services, which are not specifically addressed as line items in this Solickation, but are directly related to the items and products requested by the City herein and offered by no Bidder. Additional items, products and services proposed pricing should be noted on the BN Form or a separate attachment to Bidders submitted document 1T. PURCHASING PROCEDURE All orders require a City of Scatladale purchase order that will h t communicated by phone, fax or email. No pads or cammo idles or work shall be rendered/are to be delivered wkhout Ne issuance of a City of Scottsdale purchase order. Any invoices renewed tom the Contractor without a City of Scottsdale purchase order number, referencd on the Invoke, may remain unpaid. 18. REVIEWOPCONTRACTOR'S WORK Wolk perfolmd by the Contractor shall be subject to pandit reviews and partial acceptance at various stages. The Department may make such mviewe and pass upon the acceplabliny of Contractors ward. Partial acceptance shall not relieve the Contactor of its obligation to correct, without charge, any errors In the work on this project. Optional - The City reserves the right to perform background checks on the Contactor and their emplayees who wall be conducting onsite activities and have dyed contact with the Citys Client. SPECIAL TERMS AND CONDITIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES J IFB N 13PB046 19. SINGLEAWARD The City of Scegsdale reserves the right to award this solkilatun as deemed in the best Interest of the City. Mile a single award Is possible, Ne preferred procedure is to make mutliple awards as a result of Nis solicXation process. 20. TERMOFAGREEMENT The term of this Contract shall be for a one (1) year period from Me effective dale of acknowledgment of Ne Acceptance of ORerNOSce of Award. The CM and Contractor may mutually agree to extend this Contract for four (4) add0ional one (1) year periods, upon the recommendation of the Convact Administrator, concurrence of the Purchasing Director. 31. UNITPRICING A -Unit Prins' per palm Use,'Houdy Labor Rate', and 'Emergency Services Hourly Labor Rale', shall be idengfed by the Contractor and listed on Ne approprmle line on the corresponding bid form. Refer to the Bid Forms for additional information. Unit prises quoted herein shall be all inclusive and Include all pertinent addhional fees normally assoctated with this type of service. This shell include, but not he limited to, environmental fees, shop supplies, disposal, dean up, bar apodal an, etc. No adddional charges beyond Me quoted ung price (except applicable sales tax) shell be allowed unless authored by Me Contract Administrator before final invoicing. In the event of a mathematical error, the Unit PNcefs) will prevall 23. UNPREDICTABLE MARNETCHANGE In the event of an unpredictable change in the mallei which affecte the Nen current contract price, Contractor may submit justification for a price adjustment Contract Administrator and Purchasing Director shell review justMcation and determine applicable price adjustment. Upon return to normal market conditions, Oe price will be adjusted to the price established by Ne original centred terms. The Pumhaeing Director shall be Na final authority on any price adjustment due to unpredictable madcet change. SPECIAL TERMS AND CONDITIONS TREE 6 PALM TREE PRUNING AND REMOVAL SERVICES .�� WE41OPE046 23. VEHICLEREOUIREMENTSANDIDENRFICARON Connector shall use trucks and "does licensed for use on public streets and licensed In the State of Arizona. Vehicles shall have clean smoking water; at least one gallon por server member on board. Vehicles shall carry full functioning First AId are appropriate for the size of chew On site. Used or partial First Aid Me will not be suMdent and will be reason to stop operefens daft contact Standards are met. Care Is to be taken as to not disrupt the normal flow of foot traffic in these areas. Contractor will not park vehicles illegally, Or in such a way, as to block any buftling entrance, from normal ingress and egress. Exceptions may apply when granted In writing under the direction of Ne Contract Administrator. All equipment used in the performance of work under the scope of this contract shall be equipped whin an embar/yellow light bar OR amberhyeltow light Mich can be deafly seen hon a MINIMUM distance of five hundred feet (500) in all directions. The Contact Administrator shall be the sole determinant as to whether equipment warning lights are sufficient All Contractor vehicles shall contain signage which includes a MINIMUM of the Contractor Company name; anchor logo. Vehicle signage shall be sufficient, in blue opinion of the Connect Administrator, to make it apparent to others, as to the nature of the business and the Occupants of the vehicle. Vehicle signage shall appear on a MINIMUM of the fight and left Sides of the vehicle. All willow; that are used in Ne performance of work under Ne scope of We contract shall display the proper vehicle signage. Contract Administrator will appm m proper Identification of veloc as during the life of the convect. SPECIFICATIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES WE q 13PB046 1. PURPOSE The Ctty of Scottsdale (COS) is seeking the services of copied! firms to provide Tree 8 Palm True Pruning 8 Removal Services throughout the Guys Medians, Rights of Way. City properties, and Parks. The services shall be provided based on a sat schedule agreed upon by COS and the selected contractor(s). Otherwlse, services shall be provided on an "as needed" basis. The City of Scotiodale intends to award multiple comments as follows: Palm Tree Services (Lot 1): One Award Tree Services (Lot 2): Three (3) to Five (5) Awards' 'IMmWBlggMsrWt M baenwrp5 Ne seb[dddNNrs Wbse Sa s. All pruning projects are contingent on funding. Comedy funding is available; however, this could change depending on the economy. 1. GENERAL INFORMATION A. Palm True Services- Due to the spacial nature of palm bee pruning, a single Contractor will be awarded this Wagon of the tree pruning contract. WNIe most palm trees will be pruned between July I° and August 19 there will be a couple of exception. Refs to Ne Palm True Pruning Schedules sedan. The Palm Vee connector is welcome to hid on the regular tree pruning section of this contract, as there are was Separate items. The time limits on palm Vee pruning discussed later in this document will still apply. B. Tree Services - All other tree pruning projects will be done Ma an established Wrong structure for the selected conlradrove COS shall obtain quotes for specific projects as they re identified by COS management and presented through this correct. Contractors shall use Ne prices quoted during the salutation process (or established pricing thereafter, during the contract term), when bidding on individual projects. An Inventory list of locations and 'estimated' quantities has been provided to reference. There are California Ian palms, Mexican fan palma, queen palms, and date palms, throughout the city. The city reserves the right to adjust Us list as palm Yeas are removed or for other reasons. The City, does not guamnme a minimum or maximum number clause and can add our delete locations based on the Citys needs throughout the term of the conract(s). SPECIFICATIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES I IFS p 13PS040 J. GENERAL CONTRACTOR QUALIFICATIONS In order to be considered responsive to this solicitation, the bidder must submit the required Information to demonstrate how each requirement is met TMs applies to Mariana for Lot 1 and/or Lot 2. In the case where Ne requirement cannot be documented, the bidder must stale in Ne Cover Letter, how the requirement is met. For example, the number of years in business In the PhoenlxlScoltsdale area. A. General Reaulrements Federal safety standards established by OSHA and ANSI shell be adheres to at all Imes. For more immersion please review OSHA under, 'L d d llrlculure Services' The Contractor, without additional expense to the City, shall be responsible for obtaining and maintaining any necessary licenses and permtts required on mnnedlan with the completion of Ne required services herein. Pruning standards set out by Trees are Good(wwwmarsaregood.com), and Tree Care Industry Association' (tda.org), shall be followed at all times. At the time of bid submittal, the Contactor shall at a minimum own and have In their possession all necessary personnel, supplies, equipment/ machinery. The Contractor shall provide labor, supervision, transportation, and any requited licenses applicable to pinning, and removal of Was and all other services needed to successfully perform the services oullined in this soliciftbro . Bidder shall have been conducting business within the PhoemwSmtisdale Metropolilan area for a MINIMUM of three consecutive years. ry Bidders place of business MUST be physically located in Ne Phoen'vl5cottsdak matropolltan area. The Contractor MUST have and maintain full time Company reIXesentation kcated in the Phcenix9mttsdale, Arizona metropolitan area, with the ability and ambority to address all Contract issues that may develop. Personnel Reaulrements Submit with your as, Ne names and documentation of Ne personnel qualitying your film to ad on this solicitation, for the following lob positions: n^ Minimum of one (1) person must meet each of these requ mmants: 1xI A. Capped Arborist', ISA, (Intematlanal Society of Arboriculture) for a minimum of threA consecutive years with no breaks in cedifodion and Win the same company entering the b'M for this sollciiation. B. Certified Tree Arodeer', ISA.a a i ii a s R yes consecutive with no breaks in congestion with the same company entering the bid far this solicitation. 40 SPECIFICATIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFB 013PS046 2. Supervisor-shallbemrooffiefollowing: A. CedifieEArborist B. Celled Tree Worker 'Catufrd Animal are not licensed not qualiriietl to climb Imes, however, they may opera(¢ aerial equipment 'Cadllied Two Wolters are liberal to climb halls, they may opemm awned equipment. C. Eauloment Reauirementa At a minimum, the connector must own pjj of Ne following equipment I tools: arbor hand tools, star pourer saws! or air paver tools, truck -IR equipment capable of SO foot Iihs, Has, aGip"us, arrow boards, safety equipment, and ether power equipment and expedtse applicable to owning, and removal of Vase as directed in this specification. The contractor shall list all owned equipment on the Bid Submittal Farm 'Geller Questionnaire A3'. List all other equipmentto be used under this contract. Proof of equipment and proper personnel certification shall be submitted with your Nd packets — NO E)(CEPTIONS. 0. AREA DEFINITIONS NOTICE: For all Area Donations defined below, an anal, beard will be requireq and shall he prowidadby the contactor. This cast shall be included aspadoifhe bihoorspr(cing of the time of bid submittat A. Parka Parka will he defined as any work done on areas not associated with a thoroughfare, street, or alley. All work on parks shall he coordinaled with a contact "man idengfied with any and all project descriptions. No debris or any Items associated with a patWlar Werk older may slay overnMhl. City alai( will be responsible for 'drying' out the fun areas and providing the Ator company access to all projects. Irrigation heads, valve boxes, and other hardscape gems will bB the haponsitirdy of the City of Scottsdale staff to mark, and to Contractor will not he held liable for damage as long as they follow the detailed Project instructions as given by Cily of Sco0sdale staff. SPECIFICATIONS o sre }. TREE B PALM TREE PRUNING AND REMOVAL SERVICES IFSp13PSgab 0. AREA DEFINITIONS—CONT'0 S. Rlghtsof Way Rights of Way will be di fnad as any site associated with thoroughfares, streets, and alleys Work along rights of way may require am" boards and bogging staff. Items such as arm Wards, coning, eAra personal shall be provided by the Contractor. Each project will ba evaluated for Its own beetle. In some cases wide of way sill include bike paths, Werner paths, or the combination therein. Al times when work is on bike paths, the Contractor shall provide one ground ams member to stay with all of the equipment which may be blocking andl or partially blocking the bike Path. C. Medians Medians are located in Ne middle of thoroughfares and streets. If work along these sites rtguires traffic control Ne City of Scottsdale sill arrange far it Wink &loco medians may require anow boards and flagging staff. Items such as arrow, Wards, coning, extra Personal shall W provided by the Contractor. When the City of Scottsdale provides barricading. Ne Contractor is responsible for assuring Met their staff doesn't move the bamcades and that R thrown finished labor to Ne banicades being picked up, they call the phone number given to therefor early pickup. S. PALM TREE PRUNING SPECIFICATIONS All pinning of palm tree&, within the scope of this document shall be conducted In accordance with standard pouring practice& as set forth in OSHA under,'Landsci and Horticulture Services! and ANSI 3M standards. These palm Vase are mature ark have been pruned every mason for a long period of time. Trees must W pained In accordance with specifications, and to the satisfaction of the Contract Administrator. If the Contract Administrator determines, trees are improperly pound, Contractor will bear all cost for a second pruning. It Is the Contractors responsibility to inspect each jobsite and become familiar with masgng jab conditlons, which could be a factor in performance of the work. No adjustment in cast of service(s) will be offered upon award of a contract. SPECIFICATIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS N 13PBO46 5. PALM TREE PRUNING SPECIFICATIONS—CONT'D All palm bees shall be pinned we aerial buck and lit unless elherwise stated in Win. Each was is separate, tthe Contractor feels that climbing is the only viable option they are welcome to put tough a written request to climb. The Contract Admin'itrelor All consult with Arborists employed by Ne City of Scotsdale and issue a final decision in writing. Palm tree pinning shall not interfere With the day-loday business of downtown business owners. This will require scheduling for at business hours. Including night work, and/or Awesome. Pruning costs shall Include up to three (3) feet of skinning per tree, with no expectation of extra chargee. Palm bees recalling more than three (3) feet of skinning shall ba negotiated with the Contractor and billed separately. These time will be deigned prior to Contend start in that Particular area. Lit equipment, use chippers, chain some, and any other powd equipment shall only he operated Anne Ne crew SupeNlser Is on site. Supenvwr on all crows must be cettled as a Cadged Arbonst or Canted Tree Worker. Any damage to turf, hardscapes, or irrigation systems resulting from gnotln9 this stipulation Wit be charged to the Convector. This amount will he deducted from the Invoice. If this happens, an email will ho sem to the Contractor with the costs Incurred. Your invoice shell refund this deduction or tulip ba returned for the proper adjustment. Thiswill delay payment. SPECIAL CONSIDERATIONS: We* done on Caltomia dale palm bees due to second flavor stalks will be pruned and paid separately as it occurs, normally in September — it x111 not be considered as'impmpef omni g'. Rather, a second visit may be required to have these pruned again. The Connector will be paid for a second visit at Ne Contract ones. Chaparral Island palms are pruned via climbing. Scottsdale Stadium' requires a man IN to service the bees. It shell be the responsibility of Ne Contractorto provide a men IM and schedule the pruning with be Contract Administrator. Scottsdale Civic"Center Mall' and Loloma Artist School'both require work around large groups of People and All require off normal boors work to accomplish pruning. The schedule will he determined by the Contract Administrator and will be the most advantageous and appropriate for the city. Typical Droning schedule for Civic Center Mall' and the Downtown' Scottsdale Palm bees have been at right and or weekends, -All associated coals /erpmwerrig services under the special consideration damaged above shall be included as part of the bidders Pricing. Additional lees will not be consdOW, Scotsdale Crric Center Mall is a quality tudfaclliy. Any mtirg or damage done to irrigation due to negligence will be repaired or replaced at Ne expense of Ne Contractor. Rating repair involves removing 0e meted tad- ball, and new sod installed, at the contractor's expense. SPECIFICATIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFS g 13PB046 ar B. PALM TREE PRUNING SCHEDULE During the award MOM the Contractor and the City of Scottsdale, Contract Administrator shall establish a schedule which will cover the Contract locations and pruning of Ne palm trees. Palm tree pruning is done per a set schedule which shall be adhered to. Contract work for palm tree pruning is scheduled to alae and ba completed! beNreen July Pr add August 20m, each summer. There are several palm bees pruned outside of these dates, which mill be communicates to 0e ccessNl contreGar. During this period of hour me Contractor shall he dedicated to palm has pruning unfit the pruning has been accepted by Ne COS repreeenialNve. The balance of Ne bees volt be pruned during m* hours estabtlshed in this contract unless modified by the Contrect Administrator in witting. The scheduling mill involve night time —weekend— and add hours until all of the work Is done for Ne Downtown area, the Civic Center Mall area, Tennis muds, and major road medians. Exceptions will be scheduled par accurrenco and documeded In wr ng. Extensions for any reason require prior approval by Na City of Scottsdale Contract Administrator. Time lost due to an inadequate MIR farce, or failure of the Cantrader to properly supply or place orders for equipment or materials will not be justification for extensions of time. All pruning and skinning sttes shall be coordinated with the Contract Administrator. There will he NO EXCEPTIONS. Palm trees located at Scogsdale Tennis Center, Chaparral Pool area, add Indian School Tennis Center shall be pruned Ne second vreek of May and the first meek of September. The palm house on Chaparral Island shall be scheduled for pruning whenever deemed necessary. Starting with the first week in Julv Ne Contractor shall have Ma (2) fully staged dedicated creas on City of Scottsdale property pruning palm trees until the wodr has been accepted Actual crew size will be the responsibility of the Connector to establish. L TREE PRUNING SPECIFICATIONS Tree pruning standards described In'beeseregoo l.com' and tda.com website shall be follovred. Not more Nan thiM Percent (30%) of live fronds shall be removed in one growing season. Live healthy fronds, initiating at an angle of 4E degrees or greater shall not be removed. All fronds shell be severed close to the petiole base Mahout damaging IMN trunk deaue. Hangers (fronds Mich fall over after Ne Connector has left the she) shell be pruned Minin per (5) days of eemafi nonOcalon from Na Contract Administrator. Reese note, g hangers occuron bees Mich require an earned buck, climbing mall not be allowed to reldeve a hangar. The decision on the desgnaton 'hanger shell be the sole decision of Oe Contract Administrator for Oe City of Sconsdale. E:1 SPECIFICATIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS 913PB046 T. TREE PRUNING SPECIFICATIONS—CONT'D Contractor shall remove all hulling become from the true at the time they are pruned. Running chain saws or chippers shall ba allowed par elle par Instructions by the Contract Administrator. 8. INDIVIDUAL PROJECT BIDDING PROCEDURES -TREE PRUNING NOTE. An actual 'Tree Inventory Lists not available. Tr as will be identified at the time of binning IrMNWual pmtecls For tree pruning projects, the following prooedurewill be follome: As a project is Wentified. Ne selected Tree Pruning Contractors wII be notified Na E-mail, and provided with a detailed plan of Mat Ne City of Scottsdale wants to accomplish. Typically the contractors will he given two (5) to seven (e) business days to visit she being considered. Written quota responses will he submitted to the Contract Administrator via scan aMl or fax. Contractor's shall use the prices quoted during the solicitation process (or established pricing thereafter, during the contract term), when bidding on indviduel projects. Projects will be awarded based on Ne lowest priced quote, unless other artteria Is Wenti yid in the request for quote. Projects wit have a COS contact pmaon with the default Woods being the Correct Administrator. It will be the responsibility of the Contractors to contact Na City representative named In the Email, tt they have questions. Work shall he trammeled within seven days of issuance pill Purchase Order. Under no conditions should wod WaretW Wthout a Purchase Order Issued We Die City of Scottsdale Purchasing Department. COS sWII not W responsible for payment of services provided by Ne Contractors) without a Purchase Order. All wed shall proceed and finish par the schedule established in Ne bid request document. Failure to complete any project par schedule may result in a letter of noncompliance being issued unless the Contract Administrator or City earned waives it in w it slating the valid reasoning. Time lost due to an Inadequate work farce, or failure of the Contractor to properly supply orplace orders for equipment or materiels will not bmJusflgcallon for extensions of Oma. 45 SPECIFICATIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFB N 13PBO48 g. TREEREMOVALS 10. Penorlicalty the Contract Administrator or a designee will send a request ad for tree removal. Normally this will be for a single tree however Sometimes ti Is for multiple trees. Removing a trees) shall entail COS staff marking the trees) within 12' of the ground with spray paint A request for removal cast will be sent out to the Contractor. Due to the minimal size this typically is COS will rotate removal requests between the Contractors. My large scale removals (over $2,000.00 would follow same procedures as tree pruning). Once the quoted bid has been received and Me appropriate Purchase Order issued the Contractor will contact the person designated by the Contract Administrator as their conned for that particular project. Once done the Contract Administrator will coni with COS contact the removal went as requested. Normally removal of the Vee includes stump grinding to 2' under grade and the area cleaned up and raketl for a final grade. All debris from bee removals shall be removed from COS Property Me day of scheduled work. Access to the work area All be provided by Ne contact person for COS directnd by the Contract Administrator. Tree Pruning standards described in 5reessregoodcOm' and'Ida.com' website shall be followed Much of this work will be laking place on heavily hovered ameels andl or around large groups of People. Conbador employees need to be trained and familiar with the Phoenix Barricade Manual. Poor pruning practices shell not be tolerated. ALL dialog between your company and the City must be in wilting. Work deemed unprofessional by the Contract Administrator and/or City Arborist shall be based on sound Industry Arbor standards. In this event a M written report will he created and hand delivered to the Contractor. This will result In nonpayment of services and may result in the Contractor paying for remediation to the satisfaction of the City. Equipment that will damage the bark and cambium layer should not be used on or in the bee. For example, the use of climbing spurs is not an acceptable work practice far tree pruning opemtons on live trees unless waived in wrung from Me Contract Adminisvator antl/ or City appointed! Anti Sidewalks, cerms, streets, and manmade structures shall always be protected from the impact of falling wood by use of the Use or limb ground supports. Ropes or other mechanical devices shell W used to lower all limbs of sufficient size that may cause damage to other trees or surrounding public or private property. It is Me Sole responsibility of Me Contractor, to provide all PPE (Personal Protective Equipment) for their employees. The Contractor Shall guarantee that all PPE is used at all times by climbers, Sunni Mack operators, chipper operators, and ground crew. All PPE required for chainsaw and chipper Safety shall be followed and will he strictly applied. SPECIFICATIONS /. TREE S PALM TREE PRUNING AND REMOVAL SERVICES HIS M 13PS046 r 10. CONTRACTORRESPONSIBILIT/ES—CONPD This Incudes appropriate eye protecuon, and appropriate ear protection. Al pouring sigh%shell be considered a hard hat area only. no one can work in a We working zero without a functioning heated. [Bump hale are not acceptable head protection[. This Important aspect for safety for this contract will be strictly enforced at all limes. The Contractor shall refrain from the practice of Ime lalling' Ne bees. All bees shell W limbed out prior to the final cuffing of Ne tank. Signs shall be provitled by Ne contractor with the statement, 'TREE WORK AHEAD' placed 500 feet and 200 feet before work area set along the Rights of Way and clearly visible. These signs are typically iripotl type signs and will be contingent on street and or size of protect as to whether theyareneeded. This decision well be made in the bid requesdocument. Trailer mounted arrow Wards or W k mounted snow boards shall be required for use in matlians and rights of way. It shall be Ne Contractors respansil iity to provide the Jailer or wk mounted arrow board either as armed equipment or bearing all costs associated with the rental of equipmenlwithno exWtation of reimbursement. The Contractor shall work with Ne Contract Administrator to arrange bamaxing in all awes where this is necessary. The City of Scottsdale Is responedb for all remaining costs. The Contractor shall not move or otherwise Interfere wdth barricades ance they are in place. If the barricades are setup and the Contractor cancels Service for any reason, Ne Contractor shall bear Me cost for barricading on that day. The Contractor shall provide the necessary toms made up of a combination of equipment and Personnel to pedoan work as Speed. Actual crew size will be the responsibility of the Contractor to establish, keeping in mind the minimum COS am size requirements. Contras or Supewhar. crews and equipment shall be commutxl to Offis Contract on the des and times scheduled without exception. SPECIFICATIONS TREE S PALM TREE PRUNING AND REMOVAL SERVICES •, WE 010PBO46 e 11. MINIMUMCREWSIZE Each pruning request may cull out staff required, however a minimum vex consists of one (1) Supervisor, one (1) certified tree worker or CeNfed Atonel, add two (2) implied laborers. For smaller jobs with the Permission of the City representative your crew can ed any combination of this description. The Supervisor can be Counted as one of the cehfed Individuals andf or crew member as long as Ne proper supervision is kept at all limes. Supervisor an all craws must be cedRed as a Codified Arborst or Ced'died Tree Worker. Cerlifetl Two Workers by their cedficavon are qualified to climb trees or use aerial equipment. Credited Arborist are not licensed nor qualified to climb trees, however, they may operate aerial equipment. The Supervisor shall be required to slay with Ne maintenance crew and oversee all work from the time of arrival until departure. This individual will be the main contact pension far the City and will be available whenever the company is doing work on City property. At the request of the Contract Administrator the Company will Mange the Supervisor assigned to any particular paced. This action will be Michalski by unacceptable communication skills. inability to return phone calls, E-mails, InaGlfty to work with a schedule, Inability to we* At Cil call, lack of knowledge in the field of adear maintenance. Thededsion to do Nis will be solety at the discretion of Na Parks & Grounds Management Contract Administrator and authorized by a Paha & Grounds Manager. 12. WORKHOURS Working off hours, weekends, and possible holidays to avoid heavy pedestrian and or vehicular traffic may be required. In these cases a negotiated pnce as spelled out in Ne bid document will be established consistent with contract standards and COS poky. The Contractor shall adhere to any time restrictions, travel restrictions, rx others associated with eon Individual paid, City owned building, median, or rights of way. Unfair otherwise stipulated in writing work hours will be 7:00 a.m. through 4:00 p.m. During More monNs when sundae is after 7:00 a.m. that time will be Ne correct start time allowable. SPECIFICATIONS TREE & PALM TREE PRUNING AND REMOVAL SERVICES WE If 13PS046 r 13. RESPONSE TIME TO COMPLAINT Contractor shall have 2 (two) hours to respond and properly dean their wod®iles ff May have left Ne area or Ne dry shall perform the wmk. If the City pedorms Ne work an email Will be sent to Ne Contractor vath the costs incurred Your invoice shall regard Nis deduClion or it Will be rammed for Ne proper adjustment This volt delay payment. The 2 (two) hour response time moll short from the time Ne phone call is placed to the Contractor. Cellular phone or ansmerig machine or service will be considered Ne same as speaking to your once or supervisor. This includes any day you ere on City of Scottsdale sites, including weekends fC. ASSESSMENT OF WORK The Contract Administrator x111 monitor the performance of the Contractor's employees. Performance will be measured against Contract specifications, through observation of Contractors employees wbile performing Contracted service, and by observing the site after services are completed, and reports from Contractor. Adherence to the requirements for supervision and equipment are dilicel. Deviating from contract requirements wf1 not W tolerated. Contractor Will meet on -Me or off-site, with Ne Contract Administrator, on a regular ongoing basis to ensure proper performance of the Convect. 15. COMMUNICATIONS AND AUTHORITY The Contract Administrator for this Contract will be appointed by Ne Pence & Recreation Director. During the Ile of this Contract, multiple qualifed supervisory staff from Palls 6 Recreation may be authorized to use this Contract. Contractores crew members must have conversational English fluency, capable of successfully communicating (verbally and in maiming) With COS staff and the public as necessary. The Supervisor must also be able to communicate by cell phone and/or Email. The Contractors shall maintain a local afica in the greater Phoenix area. Company phone numbers, fax numbers, or cellular phones with Me extensions' 602','480'. and 623' are the only phone numbers accepted for this Contract, Long distance or bit fres phone numbers will not be accepted. The preferred means of communication and the main form of communication for this Contract mill be E-mail. This information shall be listed on Ne Bq Submittal Form'BMder OuesOinneire tl2'. SPECIFICATIONS TREE 8 PALM TREE PRUNING AND REMOVAL SERVICES IFB Is 13PSOdS I 18. SAFET STANDARDS 'OSHA' under,'Landscaoe and Horticulture Services and ANSI 300 shall refer to most current documentation for standards in all cases in this Contract. Blocking of Public streets shell not be permitted unless prior arrangements have been matte who the Contract Administrator or City repmsentative. The Contredor is responsible to have vehkles moved dunng arboncmtum won. The Contractor shall provide adequate bamcades, nag pareon(sj, signs and/or waming devlcea during the performance of the Contract to protect the motorists and pedestrians. All safety cones shall meet Phoenix Barricade Manual. Personal radios with headphones will not be permitted. 17. SITECLEANUP The Contractor shall clean up Ne site and remove and dispose of all debits at the end of each days operation. She cleanup shall Include removal of save 1, stump grinding to two (2') below grade where applicable, small twigs, Mips, leaves, trunks and limbs from the street, curb. parkway, sdevrelk, private lawns and driveways with appropriate fools for Ne job. The site shall be returned to the same stale it existed in prior to the removal. Stump grinding unless sully taller] out in the bid dowment shall he gag of this contract without eAM charges. The Combustor shall take all necessary precautions to eliminate damage to adjacent trees and shrubs, towns, curbs, walks, or other real or Personal property. Vegetation surrounding a If" marker] for removagpmning shall be disturbed as We as possMe. 18: DAMAGE TO THEPROPERT Any damage to City owned property as the result of the Contradoes operations shall be the responsibility of the Contractor to reconcile with the CM of Scottsdale, Risk Management department. Should the damage not be rued within the time agreed upon or to the satisfaction of the City, the City reserves the right to replace that which was damaged, and assess the Contractor such costs related to damage caused by the Contractor, and deduct these costs from any payment due the Contractor. Damages to private property shall be between the Contractor and the injured party. The Contractor shall inform me Contrail Administrator of any damage causer] by this Contractors operation an the day such damage occurs. Imgation heads, varve boxes, and other hardscape items will be the responsibliity of City of Scottsdale staff to man and the Contractor will not be held IaNe for damage as long as they follow the detailed instructions as given by City of Scottsdale slag. 20. PROTECTION OFOVERHEAD UTILITIES The Contractor shall make arrangement with the utility for removal of all necessary limbs. and branches nkat may conflict voth or create a hazard in conducting the operations of this Contract N INVENTORYLISTING LOCATION DESCRIPTION TREE S PALM TREE PRUNING AND REMOVAL SERVICES See: vnvw.Sco0sdakAz.eov ESTIMATED NUMBER OF TREES IFS#13PMS INVENTORY LISTING NOSE:Ma[tlml'naaFmfy44YbnolarelbWn Ines MMW kMIMaln PatlnealMN�g NtMWVIpaaW. PALM TREE PRUNING LOCATIONS LOCATION DESCRIPTION See: vnvw.Sco0sdakAz.eov ESTIMATED NUMBER OF TREES COMMENT for Dark locegona Viola Del Camino, 77M E. Roosevelt 1&palms Aadalbuck MCKellips Perk 15 palms Apache Park 2 palms Papago Garfield Park Ipalm Papago palm -Climb Eldorado Park, 230 Noah Miller Road 90 palms Total of 182 palm been Pima Park 34 palms Aooess for Thomas Thomas Road Bike atop man area (between 29 palms Read and wash area Gaff Course Thomas Road and Murray Lanewa 23 palms Clubhouse Paiute Center Bpalms PARK Paiute Park Indian School Park, 4289 N. Hayden Road 29 palm trees (most around Total of TO palm bees tennis center) Tennis Centerrequires Camelback Park, between Camelbad Road and 31 palms on Ne east side of dimbing Chaparral Road, both sides of Hayden Road. Hayden 10 Palms on Ne west side of PARK Hayden Chaparral Pa B, 5400 N. Hayden Road 14 palms Wck Island raquirea WdclsleM 13 palma boat and pull line/ eeponsibiliy of Peal area 9palms Conbador@overall Ague Linde Park 16 palms coal of contrail. No addgbnal Cheasnut Perk 51 palms reimbursement offered. PARK TREE 8 PA CES WS Of 13PB1 PALGI �2 D� /1 LOCATION OESCRIi Ik`�) Sea: www.Swttsdalel _ TREES COMMENT lor2arkl202gns Civic Center Complex. 3939 Ddnkwaler B Human Mediterranean -58 Nlaerialexcepltrees Resources induced Robusla-9 itlanti rd in wri0ng that can only be climbed. Riders -13 Special night time and Pins dectAifeia-22 weekend hours for CC Phxwnariensis T Maly cast wrapped into your overall bid with no extra money offeree. Mediterranean palma Mandl at negotiated wet only ffcowele stadium 18 palms Contractor provided lifl- N.E.comer CMCCenter and Deform Rd. need to schedule one wsekahemd- Date palms need 8401 East Indian School Road, pruned on weekends 8 palms only. Contractor will be Police and Fire Admin Bldg -locked facility notified 2 weeks mor to work needed. Rotary Pahl Gainey Ranch B palma Aerial had Gainey Ranch and Ya Linda California palms -work Loloma Artist School 53 heal hours between 8:90 only am and 4:09 arn Noehsigh9 Thunderbird to Hayden Rd 23 palms Aerial truck 88" between Oabom and Indian School 4 palma Aerial track Br SV Nodhsght to Rainhae ipalan Aerialtruck RaiWh NoOaghllo Hwy.101 5palms Aedalhuck Fire Station N10 S.E. comer Miller nd Thomas 9palms Aeualhuck Rd INVENTORY LISTING—CONT'D _ r-q . TREE& PALM TREE PRUNING AND REMOVAL SERVICES IFB # 13PS046 PALM TREE PRUNING LOCATIONS —CONT'D LOCATION DESCRIPTION See:w SconadaleAz.aov for Dark looailpns ESTIMATED NUMBER OF TREES COMMENT Mustang Library 10101 N. 90 S. 3Palms Aerial Wck Well Site SE Freeway 101 &Via Unda 8 palms Aerial imd Via Lints A&aocacy Center 10225 E. Via Linda 7 pelma Aerial Wck if necessary Lockedfacil' Hayden] N. Of CactusiE. Side to Syeet Water 31 palms Aerial truck Sordon g RWE. Skle/Backer-Mercer 9palms Aerial Luck Indian Bend Wash? East&Want skies 19 palms Aerial lmok SoaBsdale RN Ranch Viela-Highland 4palms Aerial Wck 7200 Rancho Mata (East of Sconsdale Rd.) 19 palms Aerial busk 8850 E. Lafayette 1 palm Aerial truck Indian Schoo9 S. Sided E. Sitle of 80e St row 4 Palms Aerial Wck Pump Station/ 2939 N. 87 Place &palms Aerial muck Miller RdlCamelbria-Intlian School 11 palms Aerial Wck Camelback, Hayden Miller apalms Aedalimck End @Hayden 1palm Aerialtruck 81"Way S. Of Thomas 4palms Aerialbuck 82i° St. S. Of Thomas 4palms Aerial truck 8V SI. North of Thomas 5palms Aerial truck 81°' Way Etl9ement 3palms Aerial Wck IRM INVENTORY LISTING —CONTD .� 01; 0 TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFB 013PB046 PALM TREEPRUNING LOCATIONS—CONDO LOCATION DESCRIPTION Sae: www ScolhdpleA uov for Dark locations ESTIMATED NUMBER OF TREES COMMENT Northeast comer of Hayden and Palm Lane IPalm Aenallruck Southeast comer of Scothi Rd. and Comeback IPalm Aerial truck Northeast comer of Sco6edale Rd. and Camelback 6"Im6 Aenaltruck McDowell, 70e -Hayden 6 Palms Aenal truck McKellips RN E. Of Miller 1 palm Aerial buck 7660 E. MCKelfinal Mobile Estates 6palms Aerial Suck OM Cory Yante.E. Miller &McKellips 13 palms Aerial Truck Chaparral, Grande Reef—Pima 17 palms Aerial Troch Minnesota west of Granite Reef 3palms Aerial Truck Manposa weal of Granite Reef 6 palms Aerial Truck Mercer and 73' St. 4Palms Aedel Truck S.W. comer, Cadue&Scottsdale 3"line Anal Truck 6535 East Shea @ Well Site 1 palm Asnel Truck Scohsdale Rd., JaWabNt to Rose 31 palma Aerial Truck Scottsdale Rd., Rent Vlala to Highland 4 palms Aerial Truck Scottsdale Rd., Roosevelt to McDowell Rd. 7 palms Aerial Truck Scottsdale Ranch Palk 19 pelma Volleyball & Tennia 0 INVENTORY LISTING — CONTD TREE & PALM TREE PRUNING AND REMOVAL SERVICES 4' IFS g 13PBg66 PALM MEE PRUNING—DOWNTOWN LOCATIONS SWCorner BE Comer NE Corner Bmwn&4^Ave Brown&4^Ave Brown&4^Ave 4 trees 1 Vee 2 trees NW Comer NE Comer SEcomer Bra n&4^Ave Winfieltl Swg&VAve Winfield Send &4^A" 1 has 3 seen 3 trees SW Comer NW corner SW comer Winfield Send &4^Ave Warfare SwU&0Ave WnfieM SMB&5^Ave 1 tree 3 trees t tree NE comer BE comer Drinkwater median Stetson & Drinkwater Stetson & Orinkwxler N. Of Indian School 5"as 4tress &trees Scottsdale Rd. Stetson Orme NE comer Orinkwater Triangle E. Of Drinkwater Stetson Dane&Wells Fargo 1 tree i tree 2 trees SWcomer BE comer NW comer Stetson &Wells Fargo Stetson & Wells Fargo 8^ Ave& Wells Fargo l tree three i4ee NE comer 3 Ave PaddngSWctum Marshall Way Be Ave & Wella Fargo W Of Scottsdale Road W. Safe b teaen Indian N.&S. Silo School Road &5^Ave 4 Veea 14 trees 3tress 4151 N. Marshall Way 4237 Craftsman Court 4238 Craftsman Court 3 Veea 5 trees Behind Bldg' 2 Veea 70e Street, N. Of 5e A" 5^ Ave, N. Of Marshall Way 5^ Ave, E. Of Goldwater East&Westside Straea Northside 4 Veea 4trees 5^ Ave, E. Of Gothyater NW Manor SWwrner Southside 5^Ave &Goldwater 9Ave &GaMx-ater 12 areae &trees 6trade NE corner Strait E. 5^ Ave GoMx2ter Boulevard 5^ Ave A GoW ter 5^ Ave to Comeback Rd 4 trees 1tee 4 trees INVENTORY LISTING —COWD o - �� TREE6 PALM TREE PRUNING ANO REMOVAL SERVICES IFBis 13PB046 t;Q PALM TREE PRUNING—DOWNTOWN LOCATIONS—CONPD Goldwater Boulevard Udnkwaler BNd 3501 N. Swlfedale Rd Indian School — Scarsdale Rd Indian School to Osborn Rd Nodh of Oabom 83 hers 9Yeas 2Vees SE Comer NE Comer SWComer Swradele Rd&Ya St. Swral Rd&VSt Scottsdale Rtl&1a SI 2 trees 1 tree 2 trees NW Corner SW Comer SE Comer Scarsdale Rd & Mein Swishes Rd & Main Scarsdale Rd & Main 1 Vee 1 has 1 Vee East Side, Swredale Rd Weal ads,Swrstlale Rd 3831 N. Switi Rd 0. a Main Street South of Main 1 "a 1 tree (may be remov 11ree West We, Scottsdale Rd SE Comer NE Comer 2" St-4o Street Goodness Rd & 1e AV Scaradale Rd & I"AV 3 Veas 211 1 tree NE Comer SWComer Scarsdale Rdmedian Scarsdale Rtl&VAv Scottsdale Rd&Indian School NOM of lotion School 2 trees 3 Uses 10 Veer NE Corner SE Comer SWComer Scarsdale Rd&de Ave Scottsdale Rd&4"Ave Scarsdale Rd&So Ave 4 trees 2 tees Street; NW Comer SWComer NEComer Scaredale Rd & 9Ave Scohi Rd & Stetson Main St & Go&ater Blvd 3 trees 5 trees 4 trees Main Street between NW water SWComer Goldwater&Marshall Way Main Street&Marshall Way Main Street & Marshall Way 21 trees 4 trees 4 Uses NE Comer SWComer Swredale Bdmeilan Scarsdale Rd&30 Av Swradale Rd&Indian School North or Indian School 2 Sees 3tress forces NE Corner SE Comer Main Street between Mein Street & Marshall Way Mein Street & Marshall Way Marshall Way &Swrstlale Rd 4 trees 4 Veva 19 trees INVENTORY LISTING—COW D TREE & PALM TREE PRUNING AND REMOVAL SERVICES IFS 013PBD46 I PALM TREE PRUNING—DOWNTOWN LOCATIONS —CONI'D NW Corner SE Comer NE Corner 1°Street &&awn Ave 1e Street &&awn Ave 1°Street &&own Ave 2 trees 3trees ISee ie Street, hetwen Brawn Ave boatmen Weed Side of Brown Ave & Scottsdale Rd la Stand &Main Street 10Im&Brom 2 Vass 3 trees 1 tree 6 SVeeVChamh M(CUTAa NE comer sea) east of Miller, saaN of I" Ave & Brown Ave V Street I tree 1 tree SUBMITTAL CHECKLIST TREE AND PALM THEE PRUNING AND REMOVAL SERVICES _ a To constllule a worm responsive LAW by the Bidder to this solicitation, Me Biel submittal MUST include a MINIMUM of Me following items: Q Submittal Letter - The Information movWetl in the submittal letter shall address me requirements listed in Me 'General Contractor Requirement Information will be reviewed to /determine #your bW Is responsive to the minimum contractor qualdcahons. ONerlAcceotance Document — Complete Offer portion of the damment, sgned in ink. [� trance List -Putty completed Reference List. Subcontractor's List - Fully completed Subcontractor List. [� General Disclosure Form- Fully completed General Disclosure Form, signed in ink. Litigation Disclosure Farm- Fully completed Litigation Diatomic Form. signed in ink. IL3/ Bidder Questannalry Form #1 I COMPANY INFORMATION - Fully completed! Bidder Questionnaire Form. Bidder Questionnaire Form #2 1 EQUIPMENT LIST - Provide Me minimum equipment —remained for this whatalion,asxell as any other equipment W be used under Me contract. Ly BItl PNclna Formlal- Fully completer! Solicitation Bid Formal > BW Evaluation Summary Y Lot 11 Palm Tree Pmning Priarp to Lot 2/Tree Pmning&Emergency Services Pricing [� BW Coates - Identify and submit one (1) unbound ORIGINAL and one (1) COPY of the Bidders response uyeww.aoaisa.r.-oxox>m:.�r BID FORM SAMPLE Tree Pruning R ueah Not Palm Trees General description of Vee work to be bid If more detail Is needed an additional Page 2 will bs part of thus document. All aspects of general con"dapplY (Box e Ms as one added TREE AND PALM TREE PRUNING AND REMOVAL SERVICES Contractor Lump Sum Price S 2 UPS #13PBO46 BID FORM - TREE PRUNING REQUESTS (NOT PALM TREES) rmiagrr_1 F9tla11 COS Contact Pelson Office/Cellular/Fax Bid Due Date: Detailed description of work reauesled This Is not an order for service Contractor Name General description of Vee work to be bid If more detail Is needed an additional Page 2 will bs part of thus document. All aspects of general con"dapplY (Box e Ms as one added ARBOR Contractor Lump Sum Price S ARBOR uum ocw $ DATE: Connector Lump Sum Price ®alea m. ROSTER. SUPERVISOR UNDERLINED: A4b&HNlb® PROJECT NAME xnewmbeaan rmiagrr_1 F9tla11 COS Contact Pelson Office/Cellular/Fax Bid Due Date: Detailed description of work reauesled This Is not an order for service Contractor Name General description of Vee work to be bid If more detail Is needed an additional Page 2 will bs part of thus document. All aspects of general con"dapplY (Box e Ms as one added ARBOR Contractor Lump Sum Price S ARBOR Contractor Lump Sum Price $ ARBOR Connector Lump Sum Price $ ROSTER. SUPERVISOR UNDERLINED: Name of Individual Submitting Be Date (Posses Print) AISSICIN MENT AN D AISSUN PTICIN CIF CalT1 OF SCICI7TSCIALE Tiee 81 Palm Tree Pouning and Raimoual Serviaas- QON7IRACII Na: 1313130i16 Herblaide Weed ❑onllnol Services foe Allleys-OCINTRAICE NO: 16139635 Cli lywide Landscape Labon Services- CICINTRACT NO: '17PBa 03 Landscape MaintenancefonlAalei Campus- CICINTRACTNO: 'IARP002 I 1 r clscape Mainlenance Services tom W a ler Depar nl ar t- CCINTRAICIT NCI: 17RP011 Cliily o'I Sa ottsdale Panks N owing- CON TRAKIT NCI: 17RP019 THIS AISSIGNNENT AND ASSUNPTICIN is made this 1st day of I]ecemIar, 7013 betmeen Somerset Landscape Nairtenanae, Inc, an Arizona corporation, ("Assignor") and Somerset Landscape, LL 1, a limited liatility partnership, ("Pissigree"). Somerset Landscape N aintenan ae, Inc., been acquired b}1 Somerset Landscape, I L 0, efleative Deca m t er 1, 2413; and Somerset Landscape Nairtenance, Inc, entered into tle applicable cantnaats pei Ille Efiealive d.tes as listed below wit[ the Clity of Saattsdala; and FIs a result oil this aaquisition, Somerset Landscape N aintenanae, Inc desires to assign all its interest under tl a Clontraats listed below to Somerset Landscape, LL 0. IN CCINSIDERATICIN of the flaregoing, tle mutual conditions, amenants and promises contained it this Alssignment and Assumption and other ►laluable aonside ration, t[e receipt and sufficiency oil wl ich is nowi a0rioviledgecl, Alssignar and Assic ne a agree as follows: 1. Assiflnment. Effecthie upon and after the date oil this FVssiglnment, Assignor assic ns to Assignee all oflAlssignor's trarsferable rights, titleancl interestfartle contraats listed belcw: Tres & Palm Tree Pruning and Removal Services- CICINTRACIT NCI: 131313046— Efleative Date 9/18/2013 Herbiaide VI eed Clontrol Services far Alleys- CIONTRFICT NO: 16PB035— Effedhle Date 8/3/2016 Oit)lwida Landscape Labor Services- CIONTRACT NO: 1]PB003 — Efleativc Date 10/7/2016 landscape Main to nano= fa r W ater Clampus- OCINTFIACIT NCI: 16RP009 — Eflectiue Date 1/13/3(116 L andsoaga Maintenance Services tar Water Department-CIONTRAICIT N0: 17RP011 — Eflecthie Date 311 819 0 1 7 City of Scottsdale Parks N owing- CCINTRAOT NCI: 17RP019 — Effeatiue Date 3/2319017 2. Alssumpilion. Assignee acoegts t[is Assicnrnent and 'lully assumes t[e obligations, liabilities and duties of Assignor under -It( aantiiiacls listed above -Iortle City of Saottsclale and NlilI Isith-lull)l per orm and eampl)I with all of the covenants, terms and pro0sions aontainad in the Clontracts to be performed and complied wit[ b±l Assignor under the Ciontraat. 2. No Nadifia.tion of Conlracil. Tlis Assignmant will rot to oonstruecl in any w1a±l as modifylinc, viaivin91 or affecting any at tl a terms, covenants, conditions or agreements conn ined in the Clortract. 4. Binding Ef ecil. This Assignment and Flssura lition inures to the benefit at and is bin din91 upon t1 a parties to this Assillnrn ent and t1 air respective successors and assigns. THE PARTIES I ave exaauted this Assignment and Assumption as (if tte date stated aba\le. Somers e t I : in cls a a pe Mainilenance, Inc, Somerset Landscape, LLC i�ona corporation an d i .Partnership - r F Title: Title: L CICINSENT TCI ASSIGN N ENT: T1 e Clit)l of Scottsdale, an Arizona MUnisigal oargaration consents k the Assignment and Assumption of rights and interests uncle r ti a oonimcls listed above flar tl a City of ScottsdaJe tHs 26th day of ,lanuary, 2018. ca...w.. ByI : Kade Ingles, Bid & c;itractSpa aialist Page 1 of 7 LastUpclateil: 1]11:1]011 $197735a8-0 �AJN q.. TOWN OF FOUNTAIN HILLS z n TOWN COUNCIL Meeting Date: 3120/2018 AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Public Works Staff Contact Information: Raymond Reeslrrees@fh.az.gov1480-516-5180 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF of PROFESSIONAL SERVICES AGREEMENT 02018-093, with AMEC Foster Wheeler for storm water- support services, in the amount of $33,270.00 with four (4) additional 1 -year optional renewals. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property !Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The Town is requesting contracted services to assist in the regulatory compliance requirements outlined in the recently issued EPAIADEQ ,Small Municipal Separate Storm Sewer System Permit, (AZ2016c002). With this permit there are new requirements or updated requirements from the original permit issued in 2003. New requirements for inspections, monitoring, mapping, documentation, public outreach and education and reporting have increased the workload for staff. Currently there is .25 FTE assigned to the Town's environmental division to ensure the Town is in compliance with all state and federal regulations regarding storm water and other environmental unfunded mandates. The vendor will conduct wet and dry weather monitoring, perform required inspections, provide required staff training and help compile documentation for the annual report to ADEQ. Risk Analysis (options or alternatives with implications): If the Town does not comply with state and federal requirements it can result in legal action against the Town. Fiscal Impact (initial and ongoing costs; budget status): $33,270 annual and $166,350 total Budget Reference (page number): 321 F Pg 321 Funding Source: Environmental Fund 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 contract C2018-093 List Attachment(s): Contract C2018-093, RFLS and Contract Cover Sheet Pagel of 2 SUGGESTED MOTION (for Council use): Move to approve PROFESSIONAL SERVICES AGREEMENT C2018- 093, with AMEC Foster Wheeler for storm water support services, in the amount of $33,270.00 with four (4) additional 1 -year optional renewals. Prepar by: tilayman ees,aci mesas tinwon�SupenV i02,20T8o Page 2 of 2 Contra ct N o. C2018-093 I'IROFESSIONAL SIERVI CES AGREENIE NT BETWEEN THE TOWN OP MOUNTAIN HH J S AND ANXC AOS TER WHEELER ENVIRONNIDN7IAL & INFRASTRUCTURE INC. THIS FMFESISIONAL SEIRVICEIEI A GRBEN ENTI (this "A gi eem lent") is ar te:red into w of April 3, 2018, tetweeni the Town of Aountainl Hills, an Arizona muniaiPlal corporation (the "'Town"'), and AMEC Aastmi Wheelmi Elnvironmental & Infra: tructurel Idci., a Nevada corporation (the "Consultant"). RBCITAL S A . Prr>dsuant to Section) 7.1 of the Town Hracnnlemen t Flohlcyl and 3-3- � f of the Town Coder, the Town ma}l directly) select uartein consultants for pnoftissionaland technical services. B. The Consultant posseslseis the , pecifi c skill and emperience required to provide Ac orm waltelr su�Tport services as need ed t y the ']lawn. C. The Town d asires to entelr into an Agreement wi[d the Clansultaw to perform the slorm water surpart services, as sel forth in Sactilon 2 tlelow. A GRE EN ENT NO W, THEREFC RE;, in con.id era tian of I the foregain S I intrloductian an d waital s, wlhic& arse incorporated herein bN deference, the fallowing) mutual ciomenants and conditions, and other gaud and valuable cionsiderationi, the recaiplt and .n'fficiencyl of which) arse henieb}l ackdowleidged, th a Town and thea Consultant heuiebly agi eel as follow.): 1. 'Herm of A greemient. This Agreement shlall t e effecitiviei as of the date first iiel fora abome and shall remiain in full force and efflict fon a period of one (1) ylelar from the date staled atlave. This Agieemenit miaM be entended in one ylear incrementg fon ai maximiumi of foam (4) a d ditionlal terms), upan the mutul al agreement of the park' a.l in writing. The Agr aemew t mayl be terminP ted prion to itsl terminaltian dale a: otherWise ppiovideid in this Agreem®It 2. Same of Work. The C onsultabt sball prlovid a the storm water supporl services 11"Slerviaesl") described and set forth in the Scclpa of Work attadhed bleneto as Exhibit A. subljecl to thea termo of (this Agreement. 3. Ccmrpensatloni. Th a 'blown shall pay Consultanit an arnount not to exceed 5133,270.(1(1 per year for the Servide.), and not to exceed a maximum of $166,390.00 including all renew ars. 4. Aaymenits. The Town shall payl the Consultant monthly), based upon work plerform ed and clomplel ed to date, and upan sublmission and apppiomal oft imioicas. All invoices PHOD 1) 77018-1 4300C V1 .itlall document and itemize all wozkl conflleted to date. Eaahl invioicei staltemienl shall includes a necoid of time oTlended and world pearformed in sufficdent detai] to justify flaymerat. The acntracl rumbeoi must be zeflerenced on all invoices. 5. Documarts. All documents, inaluding any) intullectual flmfierty rights theareato, fpaepared and submitted to the Town fluwsuant to this Agreement shlall be thea pnopeicty afl the Town. 6. Consultant Iiersonrael. Consultant shall provides adequate, expeirienaed pezicnnei, capablei of and dMoted to the suacessiful performance afl thea Services under this AgreiememC Consultant agneas to assign splecific individuals to ldeyl positions. If deemed qualified, the Ccnsu]tanl is araouraged to hire Tlown residents to fill vaacaant positions at all leviels. Ccnsultant agrees that, upon ciommemicemient of the Services;, ldey plersonriel shall not tie removed on neplaiced without prion written notlae to the Towr . If kery personnel area not availatlle to fierform the Serviceas fon a caonitinuous period emceieding 30 calandan days, on ara expected tc deavote substantially) lass effort to the Services than initially anticnplated, Consultant shall immadiatellyl notify the Town of lama and ,ihalll, sutjecat to the conaurrenice ofl the Town replace such pemsannal with piers onnei floss ess ingl substantial lyl equal ability and qualificatians. 7. Inspacatlan; Acceptancae. All wozld shall be subject to inspection and acceptazlcei blyl the 'Down at neasonatlle tin es during Con.iu]tant's flerformaniae. The Consaultanit shall provide and maintain a self -inspection system that is accaepltatlle to the Town. 8. IJicenses, Materials. Con:au]tanl shall maintainl in cunent staltus all federal, state and local licenses and flermitsa required fon the operations of thea Husinessi conducted by the Consultant. The Town blas to obligatian to plovide Cansultazit, its emplloypes on sufloontractons any business negilstratlans on liaens es required to perform the splecaifia serviiaes sat forth in this A gleem lent. The Town Has no obllilgatlon to pp ovide tools, equippment on mal erial to Ocnsultant. 9. Performance Warranty, Cansultant wazranatsl ttat the Services rendered will conform 1 o th e i egluireameanu of thi s A gi een ent and with the caare and skill ordinarily) used tlyl members of the same profession practicing under similar circaum,,tancaesa at the ramie tinea and in the same lcaality. 10. Indemnificatian. To thea fullest extent fiermitted by law, the Consultant shall indemnify and blold hlarmlesas the Town and eaabl council memben, officaej; emplloyeae on agent thereof (the 11cwn and any such plenson being harain called an "Indemnified Party'), far, fi om and against any) and alllosse.a, claimsa, damages, liabilities„ costs and empenseas (including but not limiteld to, reaasanablle atlomnyis' flees, aourt costs and thea costs ofl appellate rFacaeeadings) to which any suahl Indemnified Party may becaome subject, under any theoryl of blability whatsoevaer ("Claims") lo the exatelnt that such Claims (on actiowi in z espleat theneof) are caused by the negligent aaats, recklensnessi on intentilanal misconduct of the Consultant,l its officena, emaplloypes, agents, on any lien of sabcontraletor in caozmection with Cansultarifs world on servieeas in the performance of this Agreeament. The amount and type of insurance coverage zequirements seat fora below will in no way Ile construed as limiting the saaofle of the indemnity in thi:a Section. 11. Inslunancea. 2 PH09h P 77018-1 C 8300v1 I L I G enu al. A. Insurer Qualifications. Without limiting any obligations on liabilitiles of Ccansultarlt, Comiultant shall purchase and maintain, at its own expense, blerainafler stipulated minimum inswancle with insurances companieis authori2ed to do blur iness irI thea Statel of Arizona pursuantto Am. REV. Simi. § 20-206, as amended, with an AM Beast, Ina. rating of A- or above with plolicaies and forms satlsfactory to tI a 'Down. ilailure to maintain) insurances as specified blereain may result in termination of this Agreement at thea Town'sa option. B. No Reapresentaltlon of Comers eg a Adeiquacy. By regpiring insurances herlaiA the T own doeas not rappesent that covaerage and limits) will Ila adeq u ate to protelct Consultant. Tie Town ileservaes the rigbt to review any and all of the insurance policies and/or endomemlents aited irI this Agreaemcirt, but haa.a no obligation to do so. Wilwe to demand such evidance of fd l caomplli ancea with the insurancaa requirements seat forth in Us Agreement or faillui a to identify any int suranae deficaiencry shall not relieves Consultant from, nor be construed on deemed a waiva of, its obb1gation1 10 maintain the relquired insurance at all timles during thea performances of this Agieemlent C. Additional Inshnied. All insurance caaveralgea, emcept Wonders' Compernationa insurances and Professional Liabliblty insurances, :ifI applicaable, shall names, lo tie full est extent plermlitted by law for claims arising out of the performance of this Agreement, the Town„ its agents, rep tesentaltivles, officlers, du ect ors, off sial s and employees as Additional Insured as splecifiled under the respective caveralgea sections of this A gi eeament. D. Coverage Term. All insurancaa required blerein sblall ble maintained in full force and effect until all waoAI or searviceas required to ble performed under the terms of this Agreemeni are satisfhctarilyl performed, aompleied and fhrmally acaceplad by thea Towq unless speaaified ott arwisea in this Agreemar t. E. Primary Indurancae. Consultants insurance shall ble p#mary insurancaa with resplecat to performance of this Agreement and in the proteactIona ofl thea Town as an Additional Incur ed. F. Claims Made. In the event any insunanae policies required bl this Agreaamenat ane written on a "claims made" basis, coverage shall extwd either by 1deleping caoverage in force or p[wcblasing an extendad replorting option, for threaa years Plast caomplerdan and aciceptarice of the services. Suabl continuing caoverage sblall be evildencaed by suHrniassion of annual Certificaftis of Insurance aitinlg aplpblaable covlerage is in fbrae and cantair s the pplovikonlsa as require d blereain fbr the thre a-ylear period. G . Wairmer. All policlies;, excaept for Plofessional Li ability, in c.ludin g Warkmea' Comflem ation insurancae, stlall aontainl a wairwer of rights of recaveryl (suthlogatlonl) against the Town, its agarU, repra.aentativaes, officials;, officers and err ployleas fbr any claims arising out of the waoikl or searviceas of Consultant. Consultant FIHDENIX 77IC118-1 438300v'I sblall arrange to have smcH stbiogatilon waivers incorporated into each IaHcy via formal written endorsemlenit thereto. H. AolloyDeductibles and/or Salf-Insujed Retentions. The plollcies seat ford in thaw raquirementsl may provide covenlage that aantains deduatibles or self- insured retentlonl amounts. Such deductibles ar self-insured retention shall riot be arpliciablei with raspect to the ploliayl limitsl provided to the Towr. Consultant sHall be solely] responsible fbr any suclhl deductible or s1e:Ifl•inslured relenblonl amlount. I. Use of Subcontracil ors. If any] world under this A gi teem ent is subcontracted in anyl vcayl, Conaltart slllalll ccoecule written agreements with its] slubconitralctars canitaining the indemnIcation pnovisions set forth in this Section and insumncel requiremenitsl set forth blerain plrotecting the Town and Consultant. Consultant shall be resplons ible fbr executing anyl agrleieme nits with its sulbcontralctars and obtaining ccrtifilcatesl of insurances verifying the insurance requirementsl. J. Evidence aft Insurance. Ari or to commencing anyl work or mrviaes under this Agipemienit,J Consultant will provide the Town with suitable evidence of immancia in the form ofIcertificates aflinsmlance and a copy of the dacdaraticm pages; of the insurance Ilollaies as required byl this Agileament, issued by Consultant's inset ance insurer(s) as Gvidemae that ploliaies am Illaced with aceeptalbla insurers as specified Ilereiti and Flrovide the required coverages, conditions and limits) of coverage specified in this) Agreement and that such coverage and provi s:i ans are in full fbree and effect. Canfildent7la information suah as the policyl premium may be redacted fromi thea declauation paga(s) of each insurance poblcyl, IFcrvided that suall redactions do not alter an M of tie information req uired by thi s Agreement. Tb a Town shall reasonably rellyl upan the certif catesl of I insurance and dealaratlan Flag e(s) of the insurance policies) as evidemca of coverage but sued] acceptance and reHanae sHall riot waime or alter in any w ayl the insurance recluiremlentsl on obligatlons of this Agileement. If anyl of the ploliaieis required by this Agreement wglire during the life of th's Agcleemlenitj it Alalll be Clansultanl's responsibility to forward rcmemal certificlatcls and declarablonl page(s) to the Town 21C dayls prier to the eucpliration date. All certificates oft imiuuance and declarations requn ed by thus A grey went Alall be idemtified byl referenaing this Agreement. A $25AC administraltive fbel shall be assessed fbr all certificates or declarations receivied wilthoud a reiferenca to this Agreement. lent. Addi tlanallly, certificates of I insurance and decl arablonl plagejjs; of I fie inswancle plohaies submitted without refeirenicing this Agileemlent will be subject to rejection and may be returned ar discarded. Certificalesl of insurance and declailatlon paac(s) shall twedif cally include the following previsions: (l) The Town, its aige:ntsl, replresentaltives, officers, directors, officials and ennplayees we Additional Insured as fbElows: (a) Commercial General Lliabiliq — Under Insurance Services Office, Inc., ("ISO") Aorm CG 20 Hl 03 97 or equivalent. q Ph 09h IX 770'18-14' (b) Auta Liability — Under IS 0 Aorm CA 20 481 or egluiv alemit. (c) Excess Liability — Follow llorm to undenilying insurancia. (2; Consultant's imurance 4.ihall be plrurlar) inlsurance with raq act to Flerformanlce of this A gii eeimenl . (3) AD poHcile.,i, excieplt fon Professilonal Liability, including Workers' Compemaation, % aivel rights of resaov eryl Ilsubrogation) against Town, it s agentsl, nepnasenitatimes oificimis, officials and employees fon any claims arisdng out of world on sere; cies performed b}l Consultaht un d er this Agi eeimenl . (4) ACORDI certificiate afl i8lnsurarce form 25 (20A/01) is palefkinled. If A CIORI3 certificate of insmianaa form 2!1(2001/(IEI) is wed, the plhdases in the ciancellationl Wovis;ian "enduaaon to" and "'but failure to mal ,ucH nonce sball imlplose No obligation on liability of anyl kind upon the complanyl6, itsl agensit.�i on neprascirtatimes" shall be delated. Certificiatel forms other than ACORD form shall blava similar nestriative language) deleted. :11.2 Required Insuranciel Covarage. A. Commaraial Genera Li ability. Consultant sblal l main twirl "occlurencei" form Commercdal Genera Biabiliq insunancei with an unimplaired limit of not less than $1,000,000 fbn eacbl occurrence, 312,000,00(1 l3noducts and Completed Operations Annual Aggregale and a 312,000,000 General Aggregate Dimit. The palicry shall cover liability arkdrig fiom Iramiseis, operations, inclapendent contractors, pnoducits- ciompl'lateld operations, personal injury and admertising injury. Comenagei under the policy will be at least as broad as ISC plolia}l form CG 00 010 93 oa equivalent thareof, ir. ciludirg but riot limited to, sglaraltilonl of insured's clause. To the fullest antarit a]lowed by law, fon claims arising out of the performance of this Agreement, the) Town, :its agub, nerreseritativicis, officiesrs, officials and employees sllall be cited as ani Additional Insured under ISO, Commenciial Genesial IJiabilitN Additional Insured Endorsement form CG 20 10 03 97, oa equivalent, whicbl ;.illall read "Who is an Insured (Stiction II) is amlendeid to incilude as an insured thei person on organization shown in the ScHedule, but only with respect to liability arising out of "your woAl' fon that insured b}l or fon }lou." If an}l Exicma.is insurancei its uffibed to fulfil: the requiremienits of this suibsecton, suc1H Hwess insurancie sliall be "fbllo w form' equal oa broadmi in eovie imp .iciople than ur den; ying insurancie. B. Vehicle Liability. Consultant sblall mairtairl Busiria;.is Automobile Liabiblty insurances witl a limit oft $1,000,000 eachl aacurrencie on Clonsultanfs owned; hired and nlonl-owned veihicla4.i assigned to oa used in the performance of the Consultant's world or servicies under this Agipemlenit. Comarage will be at leasl as broad as ISC cioverage codes "1" "any auto" pobciy form CA 00 (I1 12 93 on equimalent thereof) Ila the ftlest extent allowed by law, fon claims ar5sling out of the performance of this 9 Ph OE N1)(71018-14' (130 111 Agniamelrt,I the Town, its agents, repreisentatimesi, clifflcers, direiclors, afflcials and emplayees shall bre cited as an Additional Insuied under ISC Bu: inotsl Auto policy Dlesigriaiteid Insured Endoniesmesrst form CA X 48 or equivalent. If any Excio,ls insurance is utilized to fulfill) the rlequiremeriw of thi,l subsecition, ,luebl Elxaess insi ranch sihalll hes "follciw form" egpal on broadeir in coveirage sciople than undeidying insurancie. C. Professional Liability. If this Agreement is ti a subject oft any r1tofesl,6onlal servicers on world, or if the Consultant engages in an)l Flrofessionlal services on work in anyl waM relaled to performing the world under this Agreement,) then Consultant shall maintain Profe,rsioral EliabUity insurance croaering neigligerit errors and omissions arising out oflthe Serviaes performed by the Clansultant,j on anyone employed by the Consultant] or anycine fon whosre nlegblgenit acts, mistakes, errors and omilssicins the Consultant is legally lllabllel, with an unimpaired liability insurances limil aft $2,000,000 each claim and $2,000,000 annual aggragatel. D. VAurkersl' Comperisation In,lurances. Consultant shall maintain VAorlslers' Compensation insurancie to aomer obligations imposed bly federal and spate stdtules having jurisdiction civet's Conslultanit's eruployleessl engalged in the peirformanae of work on srerviciet under this Agi;eeiment arid shall also miainllain Employers) Liability Insidancra cif) not leiss than $500,000 foil each aciciderstl $500,(10(1 disease) for each employee and $1,000,000 &ease plollcrA limit. 11.3 CanaellatIon and Expinticln Nciticie. Insurarae requireld blerein shall not expire, bre cianceled, or be mal erially cHangeid without 30 dayls' prior written naticra to the Towr. Consultant shall require its insurer to pplovide that 30 days' prilcir written notice) la the Iciwn. 12. Termination: Canaell atllon. 112.1 Bor 'Down's Clanvelnienae. Thi,) A gs eeiment is for tie eonncenilenlca cif) the Town arid, as sulch, mayl blel terminated without cause) afl er raceiplt by Consultant of wzittesrl notices byl do Town. Upon termination ftm convenience, Consul tan) slilall be paid for all un dispulteld sarvica,l perfarmed to the termination date. 12.2 Bar Cause. If either party fails to plerform any obllilgaticin pursuant to this Agrleiement and sucH party f8ils to cure its nonperformancie within 30 days) aflor notice of nanflelrformance is gimen by the non-dufdultinlg plarty, such party will be in default. In the ement cif Isuch default, the rior1-delfaulting party mlay terminate this Agrpement immlediatelly fon cause and will hence all nemledi es that are aaailable to it at law or in equity including, without limitatalon.l tie remedy cif specific) perform ca. If the natures of the defaulting party',1 nonperformance isl such that it cannot reasonably)) be cluied within 30 days, then the defaultirlp plarty will hame such k diblorral peri ods of time as malyl be reasonably neciessary under the aircumsltancies, plrcivided the defaulting party immediate]}] (A) provides written notice to the non -defaulting party and (B) ciammerices to cure its nonplerfarmancia and thelreafter diligently contirluasl to completion tie aume of its nonperformance. In no event slhaE acyl sucih crone period emeeld 90 days. In the tmnt oft such terminations for ciausel, payment ,shall be made bly the Towr to tie Cons ultarlt for the unclFsiputeld portion of it,l fees dues as cif the tesrmination dates. PHOUN IX 770'18-9 43E1300d1 12?I Due to W oAl S=age. This Ag><leelment mayl be terminated byl the) Town upon) 30 dayls' written) notice to Consultant in the event that the Services ares permanently) abandarled. In tt a enlent of such) terminations duel tc1 wlork slopplagel, pa ymclnl slily 1 be made by the Town to the C ansultarit foe the undi.lputed pclrtion of its feel duei as oflthu termination dale. 12.4 Conflict of Intenest. Thisi Agree it is stub jeclt to the) proNrisionlsl of Axtz. REv. STAT. � 2,18-111. The 'Down may canclel this Agrgemer t with out penalty or further abhgadans byl the Towr on anyl of its derlartmemlts on agencies ill any plwicm significlantly involw d in initllatin g, negotlating, securing, cb aftir g on creatin g this Agreernenl oni blciWf of tha 'Down on anM ofIits departments on agencieEl is:, at any timle while this Agilpcment on anyl extension ofIthis Agreement is in effbat, an employlee of any clther party to thi s Agreement in any) oapaaity or a consultant to anyl other party of this Agruement with respect to the Elubject matter of this Agreement. 115 Gratuitles. The Towr mayb blyl written nloticie td the Consultant, carlael this A gree meal if lit is found bly the Town tt at gratuities, in the form of I economic opportunitN, future employment, entertainment, gift or ot1 erwi EIe„ were aflbred on given by tb a Conm1tanit on any agent on represientative of the Ccrosul tant to any) officer, agent on empl oylee oft the 'Down fkir the purposie aft securing this Agreement. In thea event this Agreemnenit is canceled byl the 'Dawn punsluant to this provisioq the 'Down shall be entitled in add'tioni to any other rights and nemedi est, to recover and withhold fiom the Consultant an amlounit equal to 190% of the gratuity. 12.E Agreement Subljelct to Appllopriationi. Tie Town is obligaled only to pay its abligations set forth in this Agreemlenit a, may lawfully be made fiom funds apllploplriated and budgeted fbr that purpose) during tie Town's then curremlt fulaal ylean. The Tclwn's obligations ur der thin Agrelem ant are aux enl empensles subject to the 'budget law" and the unfetiereld leginlative disicnetioni ofl the Town clonaerning budgeted purposes and aplpnopriiatlan of funds. Shoda the 'Dawn elect riot td ar prapriate and budget funds to pay) its Agreement obllilgaltlon,l, this Agreemenit shall bu deemed terminated at the end ofIthe then) -current fiscal yeah terms fon whiclbl such fund, were appropriated and budgeted foe such purpose and the 'Down shlall be rehleved of any imbsequenit obligatlon undeul this Agrelemelrlt. T`b a parties agreci ti at the Towr has rlo abligation cm duty of good faith) to budget cIr appropriale t1 paymanit ofIthe 'Down's obligations set forth in this Agrelememit in any budget in any fislcal year others than tie fiscal ypmi in whish this Agreement is executed and deLlvew& The 'Down slhall bel tie sola judge and autt ority in determining the availabiFty of funds fon its oblIgatians under this Agreemnenit. Tha Town shall )deep C Icrosul tant inform ed as to the avanlablililty of I fun d, fon this A greemient. Ti a otRigatian of the Tawn to make any payment pursuant to this Agreement isl riot a genera obligati ori on indelt tudnesls of the 'flown. Consultant b erebyl waives amyl and all rights 1 o baring any cl aim against the Town from on redatirig in any way to the) Town's temmir atlon afl this Agreement pursuant to this Section. 13. N iscellanelous. 13.1 Independent C lonti act on. It is clean}) unld erstood that eaail party will acd in its individual capacity ar d riot as an agent, emnploye e, partner, joint venturer, on associate of the clti en. An emnplcryee or agent of I one plarty nhall riot be deemad on cons trued to be the employee or agent of the ott en ft it any) purpase whatsoever. The Consultant acknlowledges and agrees that the a F11- CIE NIX TA(I'I841 43830049 Services provided under this Agreiement are being provided as an independent ceinitracitor, riot as an employee or aigenl of the Tcwn. Consultant its eanployeie, and sublcontraclors are riot enititled to wonders' ciomperisation blenefilt, from thea Towni The Tawn dae, not hlavae the authority to supervise or ciantrol the actual woAl aft Consultant) ils en4loyleeas or sublaantracators. The Consultant, and ncit the Town, shlalll determine the timle of its performance of the serviiceis pravi d ed under this A gi pen lent so long as Cons ultanl meets the rec luirem enitsl of I its age eed Scope oft World as set forth in Section 2 ablovie. Consultanit is neither prohibited fiom entering into other contracts nor prohibliled fiom plaacticiing its profession ellsewhlerea. Town and Consultant do riot intend to nior will they comblire blusine,is operation, under this Agrleemient. 131.2 AMbIcablle Lave; Venue. This Agieemient,ihall ble gaverried bly thea laws of the State ofIA.rbona, without regard to cionflicat of law principles, and anY1 Idwimit pertaining to this A gi eeament sthlI be bhiought on] y in the Superior Court of Mariccipa County, Arizonia, which shall havae eiacilusime jur,'sdicitlon older any such lawsuit. 131._1 Lavw,i and Regulations. Consultant shall keep) fully infarmed and shlalll at all times during thea performances of its duties under this Agipeament ensure that it and an)i person fbr whom the Consultant is responsible aablideas blM, and iemainis in ciompllilancea with, alll rules, reigulations, ordinancies, statuteas or Iawii of eciting the Servicies, including, bul riot limited to, the following: (A) cmisting and future Town and County ardinancea,a and regulations, (B) existing and futute State and Federal lawii and (CI; existing and future Occuirlational Safety and Health Administration standards. 131.4 Amendmeants. This A gr eeament ma)l bei modified on; y by a writllen amiendm ent ,signed by persans dul)l auto orizeid to miter into ciontrauts on behalf oft the Town and the Consultant 131.5 Omitted. 131.6 Severability. The ppiovisions of this AgrFiemeant are mwrat le td the exattrit tt at an)i Fpbvisions on applilcationi beaid to ble inmal id bl}l a Courtof ciomPletenit jurisidicition ,shall riot affecl any ather provision ar applliciation of this Agrpeameni which) maM remain in effect without tta inimalid pravision or apphlcation. 131.7 Hntirea Agreement, Interpretation; Parol Evidence. This Agreemerit mapresents tb a entice agreemient aft the partieas with i esFlecl to its subject matter, and all Fpevi aus agleemienits, whether oral on written, entered into prim to this Agrgement are Hereby revolded and superseded by this Agrgemenit. No represeantatiomi, warranties, induciemenits or oral agreements have been made by an}l ofl the partieas e: iceaFlt as ex1r assly .met fbrth herein, or in an)l othea (iantemporaneous written agreaemenit executed for the purpaseas of ciarrying aut thea FlrovLions of this Agreement. This Agreement stall, be aonstrni ed and interppieted acciordin g to its plain meaning, and no Ppesumptioni sblalll be deemed to aFFll)1 in favor of, or against thea P1art) draftirgl this A gipement. The Flarti e,a aalalowledgle and agree that eaachl has hdd the opportunity to seek and utilize legal counsel in the draffir g of, nevi eve of, and entry into this A greenent. 1.1.8 Assignment: Dlell egationi Na right or interest in this Agreement shlall be assignead or delegatead b)l Consultant with out prior, written permisidoni of the Town in the Tawn's Pasoan ix 77a,i ei-•i 4:1330011 sole and absolute disicnetion, signed by the Town Managenl and no delelgatlori of any duty of Consultant shall bel made without prior, writtem permhision of the Town s; gned by the Ilown Mangler. Any attemptad assignmlenit on delegation) byl Consultant in violation of this provision sha] 1 be a breach of this A gi eelment byl C lansultant. 13.9 SubcontraciU . No ,iubaontract sblall be emitared into byl the Conslultant -Aith acyl other party to furnish) any of the) maternal on slerviclesl sled fled herein without the prior written approval of the Town in the Town's stole and at lsolul a di ncnleblon. The Cor isultanl is nelspans'ble fon performance) under this Agreelment whether on not subcontractors ares used. Flailune to pary subaonitraators in al timlelly mannen pursuant to any subclantracll shall be a maternal breach of this Agcleernent bl Cansu] tart. 13.110 Rights and Remedies. No provision in this Agileelment shall bel construeld, eucplresslyl on by irriplliclatlon, a.-1 waiverbbyl the 'Dawn oft any emistingl on future night and/on remedyl avail able) byl ] avu in the elvent of anyl alaim of I defaul t or brelaclh of this Agrlelememlt. The failm a of the Town 1 o insist upon the str*ct performance of I acyl term or condition of I this Age teem ent or to cmmici set on d el ayl the eaaercnse of any right or remedy Frovid ed in this A gi eem ent,J on byl 1 arw, or the Towr's aacepltance of amid payment fbr cervi cies, chal] not redea,ie the Consultant from any responsibilities or obliglations imposed byl this Agrgememlt on byl ]ave, and shall not be deemed a vNai'Iven ofIany right of the Town to insist upon the stri at performar ce of this Agipemlent. 13.11 Attorne .I' Feel. In the event e'ther party blringp any aatllorl fon any relief, dealaratoryq on otherwise), arising out of this Agrlelememit or ori account of any breach on default hereof, the pinevai ling) party shall bel entitled t o receive h om the other p larty reasonable attorn eyp' fees and reasonable aw tsl and experlsels, detelrmined by the court nittin g without a jury, whiahl shall be 6eemied to have accrued on tie commencernent of such alctllon and shall be enforced vublethmi or not suclil action is prosecuted through judgment. 13.12 Liens. All materials or services shall be fi ele of all hlens and, if the Town nequesin, a fbrmial r6lease ofIall liens shall be delivered to the Towne. 13.13 C ffselt. A. Cffhel fon Damages. Ire addition to aL'1 other remedies at law or equity, the Town may offnelt h om any monery due to the Consultant anyl amounts Consultarit owein t o the Town for dam ages nesulting fi om bnealchl on d eflaierlciels in perforroancel or blreack of amyl obligation under this Agreement. B. Offset fon Delidguent Meets. Taxies, on Liens. Thel Town may) offset from any monery due to the Consultant any amounts Consultant owasl to th a 'Down fbr delidquent foes, transactlon privilege taxes and property taXes, including) any intdrest or plenaltles, and fbr any) liens filed agowit ti a Town and plaid fon tlyl the Tawn. 13.14 Notlaes and Neauelsts. Any notice or other communication required on permitted to be given undenl this Agrlelemelrlt shlall be in writing and shall bel claemed to have been duly] given if 11A) dalivelred to ti a part) at the ad dress set forth below, (B) deplosited in the U.S. Mail, aegi stemid or certified, relturn necle'p1 requestdd to the address s et forth below or (C) given to a neaognis ed and rqutablle overnight delivelryl service, to the addrum self flnrth below: 9 RHOENIX 771018-1 439'10CIVI If to the Town: Town of Fountain Hills) 1 E 705 East Avenue of the Fountainsl Fountain) I-Mls„ Arizona 85268 Atm: Grady B. Miller, Town Manager Witt aofly to: Town of Fountalin H]lls If 7(1`1 East Avenue of tt a Fountainls Fountain Hills, Arizona 81268 Atte: Town Ati ornleyl If to Con: ultanl: AMSC Foster Wheleleir Envirclnmental & Infrastructurd Inc. 46(1(1 East Wasllhk gtonl Strelet, Suite E (I(I Plbloenix, Arizona E15034 Attdl: Neblecice Sydnor on at such other addresl,l, and to tte attention) of miahl other person on offiaer, m an3i pl" ma3l designates in writing) b31 notice duly gimen plursuant to thisi subsiectionl. Notices shall be teemed meaeived (A) when delivered to the part}, (B) three business days afilem being placed in thea U.S. Mail, pmoperl31 addressed, with ,ufficiert postage or (C) the following tlusineds day) after tleling given) lo a recognizled ovlerni gi t dedimery servilca, with the person) giving) the notice paying all required charges and instructing the delivery , ervice to del:ive;n on the following business day). If a copy of a notice is also gilveml to a part3's counsel on otter rac,ipient, the flrovisionsl atlove governing thea date an which a notice is deeimed to have bleeln rlecleivad by a plant) shall mean and rnefeir to tie date) on wIliclh the party, and not its counsel on other necipiewlt to which) a dally of ti e nlotlae may be mmt, is deemed to haute received the notice. 13.1f Confidentiality of Record. The Consultant shall estalbli sh and maintain procedure, and controls that are acceptatlle to the) Town fbm the flurposa of enduring that informaltion contained in its meamd, on obtaineid from the Town on fiom others in clarryingi out its obligations under) this Agreement shall not be used cr disclosed blM it, its) agents, officers, or empl ayees, exaept as mequu ed to plerf orm Cow ultant'd d utieis udder) this) A gl pem ent. Persons requestlnlg such information should bo ref hied to the 'Down. Consultant also agrees that any information pertaining to individual Flersons slhalll not be divulEled other than to emlplloypes ar afficers of Consultant as neieded fon the flerformance ofldutles under th; s AMiemewc 13.16 Records and Audit Rights. To endure that tie Consultant and its sublconti acltoni are complying) with the warranty under subsection 121.17 be] ow, Com ultarlt'sl and its slubconrtractars' tlaaks, records, con-esflondewlce, accountir g pploceiduresi and practices, and any oti en supporting enridenae relatinlgl to this Agrgememt including fi e paplersl of anM Consultant and its mbaorrtractors' employlee, who flerform any wank on 4.iarvicesl pursuant 10 thfs Agreelmemt (all of tie fbre going hmieinafter referred to as "Recomds'l, shall be open to inspecltlon and subject to audit ancDorl me flroducltlon duringl normal vuarldngl hIouw tly the 'Down, to tie extent rleceislsary to adequatelly flelrmit (A) evlaluatlan and verification afIan31 invoices, flaymarits or claims based on Cowultanit'sl and its sublcontrdclorsl' actuall costs (including direct and indiract costs and overhead allocations) incurred, on units) expended direcV31 in the performance ofl wark under this Agreemenit and (B) evaluation ofIthei Consultanit'sl and its sublcontralctors' compliance with tia Arizona emplo31er sanctions laws relferlenaed in subsection 121.17 belaw. To the extent necesislar) 1C RHOEIN t) 77018-1 4: 63012V I fon the Town to audit Recionds as set fbrtb in this sublaaction, Consultanit and its suiblclonitractors bleneib)I wainme au)l rights Io ldeepl such lR ecards cionfidemtial . Por the purpose of evaluating on meri fying su&I actual on olaim ed costs) on units expended, the Town shall blavie access to said Mecords, even if located sit its snalrlcontractors' fiscilit1esl, from de effectime date) oflthis Agrelememit fon the duration ofIthe world and untll three yleian after the date) of final psryment by the 'Down to Consultant pursuani to this Agr,eemeni. Consultant and its sublconitractars sblall frovide the Town with adequate and appnofriate wmiksfiacel so that the Town can cionducit audits in ciompliance with the fpiovisionsl of this subsection. The Town shall gime Consultant or its subcloritracltoris reasonable advance noticie of intended audits. Consultant slhlall require its sublcontracloni lo compl)l with the flrovisnons of this slubsect�lonl by insertion of the requirements hereof in au)l subaonitracit flusuaut to this Agreement. 13.17 E-merify Requirements. Io tha extelnit aflpliciablle under ARV. REv. STAT. 41.4401, the Clcrosultani and its sublcontractars warrarit comflliancie with all federal immigraltlon laws and regulations that redatd to their emflloyees and them comflliance with tba F- verilfy requirtimenis undea ARV. REV. STAT. § 23-214(A). Comiultanl's or ihi subaonitracitor's failure to ciomply with such warranty shall be deeimed a material breach of this Agrleement and may result it the Ierminationl ofIthis Agrelemerit by the Town. 13.18 Israel. Ccrosultant certifies that it is not currently] engaged in, and agipes for the duration cif this Agreement that it will not engage in a `boyciatt," as that term is defined in ARiz. REv. STAT. § 35-3513, of Israiel. 121.19 Confictinlg Terms. In the emeni cifl ary inciorviistenci}l, canfliclt, on ambiguity among the terms of this Agipemenl and the Sciarle of Workl, the documents shall gomern in the order Usied herein. 13.20 Nori-Exclusive Clontracit. This Agrleiement hi eniened into with the understanlding and agreeinemit tb at it is for the sole conmeni encei of fr e 'Down. The 'Down reEierves the right I obtain like goods avid services from anotb ar source wblen necessary. SIGNATURE EI ON FOLI IOVaNG PAGHS] ]I9 Ph OE N IX 77a1E1-'I 4:1830W1 IN WITNESS WHERECF, the partieis hemeto have mmeciuted this Agreement as of the date and year first s at forth ablove. "Tc wn" TOWN OF FOUNMAJN RMS, an Arizona munici Flal corporation C radyl E. Milller, Town Manager ATTESIT : Bemcdyn 1. Belndmi, Town Cl enkl (AMOW L EDIC MENT; SIT ATE OF ARIZONA ) ) ss. CIOUNTY OF MARICIOFA ) On , 2018, before mei pe:rsorially appeared Chadyl E. Milner, the 'Iowr Manager oflthe TOWN OF RCUNTAIN HILLS, an Arizonamunic6pal ciarparatior, whasei i dentity wai pnomen to mie on the basis of satisfacitory en►idencie to be thea pers on vvblo I lei al aims to be, and I acknovmlledgeid that hlei signed the abovlei dacn><ment, on behalf of the Town of F ciuntain Hill ls. (Afffb notar)) sea] here) Notary Publlici [SIGNATURES CONTINUE CN HOLLCWING PACE] 12 P HOD 1) 77018-14: 9300v9 "Consultant" i ��'1% r e t• J 1' • 1: I 1 Namle: Ed Latimer It,ll: Infrastructure Cps N19r. (ACKNO WDEDGMENT) STATE OA ARIZONA ) ) ssl. CO UNTY OF MARICO PA ) O n �%.t���1 ui , 20118, blefow me pelrsorially appelaned the f AMSC Aastem Whaelelr Enlvironmlentall kE&asfructure Ina., a Nevada corporation, whose idafty waspnown to me an the basis of satisifacloryl evidence to ble the person vel o be/she cllaims to be, and aaknlowledged th at het/sh a signed the above docum enit, on bah a B of AMEC I Aoste>II Wheel mi Ervu onmanta'. & fracture Inp.) '10 ( Notary I]ublicl (Affix nataryl,iei blerel) GINPACATE Noury Aub k - Aldnina mat top$ aounly *My samrr. Emijas Jul 17, 2a2[I PHOHh IX 7710'1 a 43t 3aavn ]I3 EXHM Ill A TO AROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF IPCUNTAIN HILLS AND ANE Cl PC STEU WHE ELHR ENVIRC NMENTAL & INFRA STRUCTURE INC I. [Sciople of Serv.'cies] Secl folllowing pages. RHOENIX 77 018-143(1'.'1(10'4'1 me c Febrt aryl 8, 20'18 foster Hroposal h L mbar F R '18-02-0'1 vuHeeler Mr. Raymond Rees FacilitiesdBnvlronmertd1 E L pervison Town of Founfelin Hills 6705 E. Av ent a of the Fountdin: Fountain H ills, AZ 89268 REI: Offer to Herfcrm Fiscal -dear 2018-2019 Stcrmwater SIL pport Services Dear Mr. Rees, Reil yat r request, Amies Foster Wheeler Environmient 81 InfrastnlCtt rei Iria. IIArreic Fos1cr Wheeler) is st I: miittingl this Fpioposal to continue perlormin9l stormiwater support services. As a PF ase 11 MuniaiFlal S arlaraite Storm Sewer Eystemi (MS4), the clown of Fat ntdiri Hills (Town,' is sut.ject to the provisions of It a AZHGES Small MS4 C eneral Hermit (Hermit). U rider a separate conlnact, Amec Faster Wt ealer revisec th a Tawr's Slormwaler Managlement Rlan (,c WMR). SL bseclt ently, Amec Foster Wheeler provided support for new or expanded AZPG8S Small MSI4 Hermit (lPerrril) regLlrements during the 20'17-20'18 fiscal )ear. The Town has requested a proposal for continuation of the st ppod services for th a 20'18-20'19 fiscal year. 9asec on c isatssion with Tiowri scoff, Amec Faster W11 eeler ariliaiFiales the canlinuation of seven tdsks direct) in st Firlari of MS4 Permit requiremienis. PROAOSIBD 81CCIRE Task 1 — Wet W eather Moinitorlrig As part of this task, Amea Foster Wheeler will perform wet weatt er monitoring at five of tiall locations. Beginning on ,Lly 1, 20'18, Amiec Foster Wheeler will Fleriorm twa rounds of wet weath or monitoring during each wet season lithe S ummier wet season is June 1st through Ociot or 31sl and the Winter wet season is November 1, -cit through May 313t]. Monitoring will be performed in aacordance with the Illicit Discharge Detection and Blimiination jjIGG8,' Inspection/Invesligalion Stdncarc Operating Rrocedures IISOP] docum emled in the ElWMR. Inspections will be dacumentec or formas within th e c OR and will also I:a documented or Arizona Department of Erivironrriental Quality] IIADEQ) Flrovidec Dischargle Monitoring Deport (DMR] farms iorthe Town to include in the ArinLat Ferlorl. Amec FosterWheelen anliaiFiaies monitoring the 5 locations aver 2 separate days each wet season, depenc Ing an the quantity) of rainfall. Am ec Foster Vuheeler will also perform L FI to 2 hours of initial investigation/saL rae cracking Fier day of monitoring if potential illicit discharges ane observiec . In anticipation of rain eventsl, Amec Foster Wheeler will monitor weather to anliaiFiale it a start of rainfall. Tlo the exlert Flossit le, investigators will aim to begin inspeations m!thin th a first h our of flow. Given tylFlical raiin patllems, rain events tylpically occur on nights arc weekends. Amiec Foster Wheeler will perfarm monitoring during regular I: usiness hoursi only IlMonday — Fric ay, 7ami — 5pm) I: ut will initiate monitoring wits, in one hour of SL nrise 1 h a next business day if rain occL rs outside of regular work'ng hot rs. If potential illicit discharges are identified, they will t a immediately reported to the Facilities/Environmiental S L Flerviisor. Initial investigation will consist of visual st rface exploration of discharges contained ar observed filom within Tlown right-of-way. Amec Foster Wheeler will follow guidance contained within the Tlown's IDDE SOP dacumiented w ithin th a SVYMR. All findings will be c ocL m ented on forms provided in Pagel 1 Four tair Hills PROPCISP L: 2a'I B Stormwailer SL pnort Seiry aesi Progasal No. PR'IEIdl2-a1 the SOP anc will inalL de photo docL orientation wt ene applicat le. Upon the carialL slion oil each wet weather monitoring event, Arnea Roster Whoelan will transliler inarleclion recands to the Town's c atdbase. Amea Rostan W heelen anticipatesi beginning on . L ly '181 c L ring the cL Trimer wet season QJune 1't - Ocdober 314' 2018) and will aim to completes the winter wet season betWeein Noveim t en 11112018- May 31812019. S L cc1esstlul comiplelioin oil this task assumes Ihenei area sufficient number Gil CIL allf ing rain eventcl to perform monitoring during eiach wet season. Task 2 - Dry Weatil er Ma riito ring As ii oil this task, Amec Foster Wheeler will perform dry wealhen careening at outfalls to Ast brook Wast. Screening will be cclmpleted al least 72 hours after a storm ev ent and at lacAdions providec by the Town. Amec Flaslteir Wt eeleir will assess aprlroximately 50% of discharge points info Ashbrook Wast (L p to 40 discrete locations per miorilloning period;. For each roL nc of dryl weather irioniloring, Am ea Foster Wheeler eirdiaipates corn plating 40 inspections over 2 days arlc will perlorm up to 2 hoL rs all initial investigation/soL ice 1 racking per day of inspections if potential illicut c isat ange s are observac . One rot, rlc of careening will be camipleted between July 1, 2018 and May 31, 2019. If potential illiait c ischargeis are identified, they will I: a imm ediately reported to the Facilitie&lEnvironmiental S L Flervlisor. Initial investlgatlon will consist ofl visual SL dace ei ploratlan of discharges contained on observled filom within "flown right-of�way. Amec Rosier Wheeler will ibllow guidance contained with in the Town's IDDE SOP daaumented within the SWNIR. All findings will be docL mented an fbrms provided in the S OR and will include photo daaumentat<an where applicable. L pon the aonCILsicin ofl each dry weatt er scneiening event, Amec Feslen W heelan will transiler inarleciion maonds to the Town's c al abase. Task 3- Nunialpai Faaliity Inspeatians As part ofl tt Is task, Arnea Roster V0 eeler will Fledorm inspections at the following ilacilities: Facility Pdority Site Inspection Fre tient and.' Schedule Orlae, July - Septem ber 2018 treat Maintenance Facnlityj High Onae, Ociober - Decem t en 2018 Onae, Jan Lary -Nlarah 2019 Once, April - June 2019 Fine Station 1 Mediums Once, July 2018 -, L ne 2019 Fine Station 211 Medium Once, July 2018 - . L ne 2019 9 iwanis ISL iiding, Town Hall, Comm L rik Low Oriae, July 2018 - June 2(319 Clerller, or Libra /Museum Inspecl tans will be caordinatec throL gh the Facilities/Environmental Supervisor and will be docL mentec Laing the Facillt�j inspeation Rorm ilomi It e S WN R. Results and other recommendations Jul arlplicat le) will be Fpiovided to flaaility personnel and the Racililies/13mirorimeirital SlLpervisor. Upon the condlLsian of fl3cilityj inspections, Amec Roster Wheeler will tranaller inspection recorc s to it a Tlown's database. Inspections during SL bsegL ent quarters will be completed and raccnids transferred tai the "flown c atdbase on the flame day. Tlask 4 - Rosit-Ceinstructic n Structurei Inspections As part of it is task, Arnett Roster Wheeler will inspect L p to 'e15 stormwater contii it featL res that discharc e to the MS41ci verify] proper oiperaillari of post-conclruclian controls, determine iil maintenance Is requined, and assesls for tt a Flresence of Flolential illicit dislcharges. Upon inarlectaon completion, the Inspector will comiplele the Construction on and Rost Clonstrucl iari S lie Tracking Farm and will include photo docum entaflan Paige 2 Fou rtair Hills PRCIRCISALI: x019 Slormwalf i Suglpor aerviaes Praglascl Nci. PR' @-02-01 where applicable. If a potential concern is identified, Arr ec Foster Wheeler will notify the Facilities/E rivirorimentell Supervisor who will perform ar dinect follow up n easL nes. Am ec Foster Wheeler anticipates completing 25 inspect ons aver 2 c ays a ric will perfarm up to 2 hot, rsi of initial invest iclal ionlsource tnici trig per c ay of inspections if potential illicit c ischarges are observec . L pon th e conclusion of inspections, Arrea Foster %heeler will transfer insfledion records io it a llown's data t ase. Amiec Fosien Wheeler will cam Flleie inspecilions between July 1, 2018 — June 30, 2019. Tasty 5 — Staff Training As part of this tasty, Amiea Foster Wt seler will c eliver up is twa tre ining sessions. Tr a training sessions will t e delivered on one day I: etWeen July 1, 2(118 —. L ne 30, 2019. lliialning materials develoFled during the 2a1i1•2a18 reporting periac will t e used for both training sessions. AniicliFlaied audiences for each session are st own in tt a table belcw. Caiurse Audlence Frequaircy Cc intent General - All Town stafil involved in field - General Sltormwater activities, not covered in the Annual Sltormwater Training ComiFiret ensive Tmiining Awareness - llown Contractors - Chief Building Inspector - Sltormwater lawn Engineer Awareness - F adlities and Sri% irorrm ental Comprehensive Supervisor - IDDE Sltormwater - Code Brifcmcemeni Off. cer Ann al - MuniaiFial Faclilities llraining - Stdeet Sweeper E L perinterlc eni -Inspections - Engineering Inspectors - Fleet Meat anic - Brlforcemient - Engineering Inspector - FOM S Task EI — Arinuall Report Preparalticn As pari of th is teisk, Amiec Fosiler Wheeler will provide up to 40 hoL re of SL ppori services preparing report conients for the annL el report dL a on 4 arilember 30, 2018. This cask will be completec at the direction cif and in coordination with the Facilities/Environmentell Supervisor. FEE ESITIMATie Amiec Foster Wh ealer will clorlc ud these services on a L L mip Sum basis. Our fee to deliver the above sccipe of work is $33,270. The table below pilesents the ar111cliFlated level of effort for eaclh talsk. If any additional support sen ices are required, they would t e established L nder a change orc er. Rage 3 Fountain Hills PROPOSAL: 2018 Stormwater SuppOn Services Proposal No. PR18-02-01 Subtotal Upmmea: 1 $610 Total Fee $33,270 Amec Foster Wheeler appreciates the opportunity to continue providing support services to the Town of Fountain Hills. If you have any questions, please do not hesitate to call me at 602-733-6051. Respectfully submitted, Sincerely, Amec Foster Wheeler Environment & Infrastructure, Inc. Rebecca Sydnor, PE Project Manager Ed Latimer, PE, PhD Project Principal, Infrastructure Operations Manager—AZ Page 4 FEE ESTDSATE BREAKDOWN Teshe PM $150a0 LASORCATEGORIESIRXTES Envlro Sclan6H GISTech $110.00 $90.00 Clerical Seem TOTAL NRS TOTAL $ Task 1- We WeeNer M0nik81g 12 58 10 2 82 $9.200 Taek2-Dry Wea0ler Monitorbp 6 36 14 2 58 $6,240 Task 3- Munklpd FaoilBy NepecOone 16 20 to 2 48 $5.620 Teak 4 -Pat- w lsudlon Munldpd euu .inapectlone 4 36 to 2 fit $5,beo Task 5-TnNing 4 4 4 2 14 $1,620 Take- Mnual Repo00evekpmmt 10 24 0 6 a $4,500 Subhael Le6aHoun 62 176 a 111 294 - PmmnlollbMlHourp 17.7% 60.5% 16.3% 5A% 100.0% 8ubtobl Lsba CeM $7,BW.00 519,580.00 E4.3mw False.00 $32,980 Eapeaea/Relmbunables Unit Rete SWa- Cab lff a -Wetft Mia S 0.54 W10 E 540 Wet WeeNer FlWd Suppe day $ 15.00 4 $ 80 Rupm9lephke sheet S 0.01 10 Subtotal Upmmea: 1 $610 Total Fee $33,270 Amec Foster Wheeler appreciates the opportunity to continue providing support services to the Town of Fountain Hills. If you have any questions, please do not hesitate to call me at 602-733-6051. Respectfully submitted, Sincerely, Amec Foster Wheeler Environment & Infrastructure, Inc. Rebecca Sydnor, PE Project Manager Ed Latimer, PE, PhD Project Principal, Infrastructure Operations Manager—AZ Page 4 REQUEST FOR LEGAL SERVICES Name/Phone Number/E-mail of Requestor: Date of Request:2/1512018 Raymond Reeslrrees@fh.az.gov/480-816-5180 Date Director Approved Request: 2/15/2018 Procurement Approval by: Craig Rudolphy Due Date (From Town Attorney's office): here to enter a date. 3/6/2018 Deadline for return of request from Legal Is 10 Yes ❑ No: ❑ -Contact Finance Director business days after Procurement Approval. Deadline for completed packet items submitted to Council Meeting Date: Click hcr. pilc. Item does not require Council approval ® the Town Clerk - 12 PM the Tuesday prior to the dale of the Council meeting. Request for Legal staff: Please provide a Professional Services Agreement with AMEC Foster Wheeler for Storm Water Support Services in the amount of $33,270 Proposed Agenda Language (if applicable): Consent Agenda Item ® Regular Agenda Item ❑ CONSIDERATION of Vendor/Consultant/Agreement/Agency Information: Contact Name: Rebecca Sydnor, P.E. Entity Name: AMEC Foster Wheeler Entity Address: 4600 E. Washington St., STE 600, Phoenix, AZ 85034 Entity Phone, Fax and E-mail address: 602-733-6000/602-733-6100/mbecca.sydnoraamecfw.com Town of Fountain Hills Business License Number: 6231 Arizona Corporation Commission File Number: F07195940 Documents Requested: ❑ PA (Purchase) / Amendment ❑ Ordinance #—(Draft attached Y/ / N) ❑ IFB (Invitation for Bid) Publication Dates for Zoning Actions:— ElRFQ (Request for Qualifications) El Resolution #—(Draft attached Y/ / N) ❑ RFP (Request for Proposals) ❑ Easement (Specify Type) ❑ CSA(Construction)/Amendment ❑ Deed(Specify Type) ❑ OSP ❑ IGA/Amendment (Corresponding Resolution Required) ❑ Cooperative Purchasing Agreement Approval ® PSA Amendment ❑ Other Required Contract/Agreement Information: Method of Vendor Selection:Direct Select Term of Contmct/Agreement:l year with 4 optional annual renewals Contract Amount (this contract): 33 270 Cumulative Contract Amount: 166 350 Brief description of services/goods being sought: Storm Water Support Services Contract # assigned: C2018-093 Funding Source: Environmental Fund Proiect No. Budget Transfer Required: ; if yes, attach appropriate documentation ........ _...................... _..... _........................ _....................... --......................................... . Staff Check List: A "request for legal services form' will be returned if submitted without the necessary information and attachments. 'Scope of Work or Specifications Attached 'QSP Document Attached 'Fee Proposal or Price Sheet Attached `Undedying Cooperative Purchasing Agreement Attached `Proposal or Statement of Qualifications from Vendor Attached 'Bid/RFQ/RFP Schedule Attached Finance requires a'contract cover sheet' prior to processing the approved/signed contract/agreement for payment(s). g9fadilits\facilitia 17-18koatact�foster wheeledrfls psa 2018.doex Rev. 12/2016 (S) CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT Date: 3/5/2018 Staff's Name: Raymond Rees Department: Public Works Vendors Name: AMEC Foster Wheeler I Vendor Number: Address: 4600 E Washington St., STE 600, Phoenix, AZ 85034 Phone: 602-733-6000 Received W90 Y ❑ N ® ALREADY IN SYSTEM Business License #: 6291 Exp. Date: 1/31/2019 ACCOUNTING SUMMARY Org Object Project/# $ Accounting Code: ENVAD 6412 If Renewable: $33,270 Accounting Code: 4 FY Cumulative Vendor Totals: Does this Contract put it over$50,000 ® Yes Accounting Code: Contract Beginning Date: 4/3/2018 Contract Expiration Date: 4/2/2019 TBD(used for variety of different things/departments/funds): Choose an item. No Budget Page p: 321 CONTRACT SUMMARY Contract Number Assigned: C2018-092 Current Contract Total: $33,270 Total Contract Amount with Renewals: $166,350 Brief Description of Service: Storm Water Support Services If Renewable: Original I Total p of Renewals Max: 4 FY Cumulative Vendor Totals: Does this Contract put it over$50,000 ® Yes No Contract Beginning Date: 4/3/2018 Contract Expiration Date: 4/2/2019 Budgeted Expenditure: ® Yes No Budget Page p: 321 Approved by Council: X yes; Date: 3/20/2018 ❑ No ❑ N/A Insurance Certificate provided: ® Yes ❑ No ❑ N/A Warranty Period: ❑ Yes ❑ No I If yes, expires Click here to enter a date. Estimated Start Date: 4/4/2018 Estimated Completion Date: 4/3/2019 GRANTSUMMARY Paid for by Grant: Yes LJ No Name of Grantee: Grant Number Assigned: Resolution Number: Date Council Approved: Revised 12/21/16 VAIN TOWN OF FOUNTAIN HILLS TOWN COUNCIL r, AGENDA ACTION FORM 7),, Meeting Date: 312012018 Meeting Type: Regular Session Agenda Type: Regular Submitting Department: Administration Staff Contact Information: David Trimble 480-816-5125 dtrimble@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF resolution 2018-21, approving the Town of Fountain Hills' Arizona Lottery Fund grant application for the fiscal year 2017-18. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): A portion of the Arizona Lottery Fund is allocated to cities and towns for public transportation. This grant allocation depends on the population of the city/town and yearly Arizona Lottery revenues. The past several years has yielded approximately $65,000 per year and staff expects the amount for FY 2018 to be $66,485. In order to obtain this allocation cities and towns are required to provide an application to Valley Metro. The monies can only be spent on public transit service and/or transit facilities. The application is attached to this form. Risk Analysis (options or alternatives with implications): The yearly funding is intended to be spent in full on a yearly basis. If the Town does not expend these funds, it could result in loss of future grant allocations. Fiscal Impact (initial and ongoing costs; budget status): None. The Town is not required to match the grant funding. Budget Reference (page number): 311 Funding Source: Grant Fund 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): Approve List Attachment(s): Arizona Lottery Fund (ALF) Grant Application for Fiscal Year 2017-18. SUGGESTED MOTION (tor council use): Move to approve resolution 2018-21 Page 4 of 2 Prep: b:� avavia innm e, mm�ices irervi-6 co�31S71ZT�' Director's Approval: 914 lv� David Trimble, Administrative Servmes Director 3/5/2018 Approved c L Grady E. Miller, Town er 3/ 018 Page 2 oft ALF GRANT AFIRLICATION FOR FISCAL YEAR 2017.18 SEC'RIC N I: ARPLICANII INFORMA'RIC N jAppliearii: Town of Fountain Hills Cordacit: David -Brim ble 16709 E. Avenue of the Fountains PhoriEi: 480-8'16-5125 Fountain Hills, Aa 85268 Fa): 480-83i-6362 e-mail address: c irim k le@ fh .az.gov SECTION II: FUNDING REQUEST Rrc jeci Funding Surrlrrlary ilinclude furlding from all prc ject appliaatioins a. Toial all P L F Seung Reqs esiec for ilransit Rrojecis (frorr Projecii Forms) $66,485 b. Toial Oiher Funds inCIL ced in 11h Rnajecis (frorr Rrojeci Forms; $0 c. Grand Notal all Funds $66,485 SIBCTION III: PRIORI YEAR ALF PRCJEICT SITAMS1 Furic ing is av ailak le ion two years L riless an eAension is requested. Furic ing that is not spent wiihiri two � ears is sL bjecll to possible redistrik L iion i h naugh 11h e annual c isinibution process is other jc risc icilions. 1. Have P LF distributions receiv ec k y youn jurisdiciion on or before , L ne 30, 0017 been experided? Yes No _X 3. 11 ih a fu rids have been e) plended, were 11 ey SPIM11 ori the projecis as indicated in prior aplplications%i Yes x No 'I. If i h e funds descrik EIC above have not been experic ed, wh Eli is your P LF fL nd balance? $ 259,904 4. If i h e answer to lines 'I or 2 are no, prov is e a brief c eseripiion of wh y the fL nds were riot/ experic ed or werEi not EDrIended on projecis originally submitted in an application aric e�pllain when the funds are pllannec to be expendec. TI'El Ralik N' Ric El proje(11 11 as ac v anciEic 111 rou plh 111 El coricapl a al planinina sta®e and is ricrv,i a1 t1l El (1orisl liu e1 ion planning staple. BettEir (1031 Elstimates 11 ave been oktairied. To c ate approximalaly $I210,9CICI h as beEiri spent ori 11`8 Ralik N' Ric El project and WEI plari to splarid aplplrcr�imately �I190,000 additiciriall� in liscal year 20118 iri orc Eir to (icrmpIlerte the p1rio.jact.- WEI also expjEiric eic a small amcu ril an adv eirl isinig for ou r Ei)i31 inpl Ric a-Choiae priogram 1$500) in arc eui 101 incriease u sapie. We are hoping th is will incmease ric EirshiFl and will utilize fundinpi alar 1 h is plra®ream as well. P L ih orized chief firiaricial officer signature: Date: ilitle P c i h orized jurisdicitional signature": Date: Til le "9igriatcrry siH crulc liei city, llcrwn or cou rite mariager or program direcilor. ALF GRANT ARRLICATION FC R FISICAL YEAR 2017-18 SIBCTICN 1: ARPLICANT INFORMA711CN Applicant: flow rl of Fountain Hills Corliacit: Davic Trimble SECTION II: RRC, SCI11 RECUES1111SI1 1. Transit Project a. Rnajeci lliile: Rark N Rice t. Rnajeci Location: La Montana & BI Lago, Fac niacin H ills, A21 a. Rnajeci Description: Manning, iieilocation and construction of a Rark N Rides lac fall if• e Valley metro A� 14 bus nouie - "Scotilsdale Express". 11l is is the sale bus 11cUE1 currently seirming the flown of Fau niain H ills. The final piak up and drop of11 location is currently laciaitec at Railisadeis aric L a Montana. 11l a riew location would be approximate) 1X'I miles from the current location. 11f el proposed location is well suited as the main public transportation hub cue its proximity to flown Hall, Community C enielr, and Library. Alsa, I he pnoposed Icicai ion l as aim ple parking, is Town -o%% reed, aric sl auld provides Icing -term :iiat ility. Acdiliond prcijecil inllarmallicin may bei aitllaahed. d. AL F 11L ric ing requested )also inclu c e on line 2a; 11150,000 e. Oiler Funds inclosed in the Projeat (include on line 2b on page 1) $0 f. Notal Rnajeci Cost 11150,000 g. hype of Rroject: F—]Pianriing Ex Carliilal OCrIerallions [—]Cther h. Is the projelcit includelc in the Regional Transportation Rlan? (Yes on No) No i. Is the project includec in the 111P ar URWR? (Yes or Na; No The Rark N' Ride project is in PInaaelss. Coriaepival plans have beein aampIleted 111120,900 srleni,' and corlstructian plans are in the wonks, after that construcllion can begin. We expect to cam rlleiel this project in the spring of caleric ar year 2018. The $'I � 0,CI00 listed c oes riot include $20,50C1 previously expended. 2. 1lrarisit Rrolject a. Rnojeci llitle: Additional Bu a Sicip SI1- eliers b. Rnojeci Location: Ralisac es &I Fou main H ills Blvd. a. Rnojeci Description: 1111'El cu rreiril VZIlleiy Metro #99141 9xpreiss LLS serviaei nu ris alon€l Palisaides k IN c fllClm SH Etat k INC to tfi ei mic c le of Tawri. 1111' ene are 6 stops alarig IF a iiau 1 e NN itl1in Fountziin Fills anc we gine pImplosiri€1 aorisl nu ction of bus stop shelters atone of 11' ei L u Bier locatiaris, Ralisac eis & Aou nitaini Hills Blvd. �Iiriae Ralisac eis blvc is a divided rioad, most cill i F esei LLS stops will reiqu irei l\AICl shelters. C reel shelter is pari of tfi a Park N' Ride PInojeicit Iisteic zit cis a ait Towri F all t1' at is au miently in pua®ness. Ac c itional L us stop sF elteins ciou lc bei built alari€111' is iiau to to acaorrioc Z118 all stoFls ori both sic es of 11'El streieit. We are pro posirid L u ilc ing 2 cif tF errs iri 11'6 rieixt fiscal yeian tiiitfi a% aiilaL lei fu ric iri€1 ija ppli ox ;I42,00(1 eiac1'). Reimainirig SF eiltens ciould L El L u ilt tiiit1' fu 1 u uei fu ric iri€1• Acditionail prcijecll inliarmalicin may bei aitlaahed. d. AL F llurlc ing requested )also inclu c e on page 'I line) 2a; e. 011' er Funds included in the Project I#icludei on line 2b on page 1) f. Notal Rrajecll Cost g. Hype of Projeat: C Planning C Carlital C C perations C Ciheil h. Is ilei pnojeci includelc in the Regional Transportation Fllan? (Yes cir No, No i. Is 111 a pnojeci included in the 111P or U RWP? IIYes or No' No $84,000 0 $84,000 ALF GRANT AFIRLICATION FC R FISCAL YEAR 2017-18 SEIC111C N I: APRLICAN11 INFORMA111C N Applicant: flown of Fountain F -ills Canllactl: Cavid-Mimitle SECTION II: PROJECT REQUEST(S) 3. Trarisii Prc ject a. Rrojeci Ilii lei: L asi N ile First N ile b. Rrojeci Location: Fauniairi Hill,i is 130111 & SrEia AND Fauniairi Hill,i is Gilbert/Mcipowell Pank N' Rice c. Rrojeci Description: II -E3 Towri ti au Id IiNe 1 a pro% is El H Eli fon uesidents th at wank au live in Fau retain Hills to ciannEiat with exisl ire€I pu t lic trarisparl atian riEil worNs in it e Qneater Phoenix area. 51peciifiaaI1y, the Town ti ac IC caril ract with a luansklcuiiatiori kpiavicen is trarispart people to I [ Ei bus 31aK1 Ioca1Eld at 112I6th 8191 -ea Ell%c. iri 9cottsc ale AND 1a tl1EI Pank N' Ric Ei in MEisa Iodated at Gilt Ernt/MciDawEill &I Il' El I OI -el REu Mountains Freeway. This would allow rEisiderits that live on m a6 in FOL ntain Fills to cionnecit ti ith the t us system aric woulc also pInovide aciaEiss to 1 h Ei light rail i nanspani atiari cpl ion. Additional prajeiat iriforrnation may bei attacHeid. d. ALF funding requested (also incdL de on line ala; e. 01h Em FE nds includEid in the Rrojeci (inclu de on lirlEi 21: orf klage 1) 11. Tonal Rnojecl Cost g. T}pe ail Project: F—IRlarinincl [::]Capiial Fx Operations 011her h. Is the project included in i h El Regional 11rarisplorl ai icn Rlan? (l es all N o, N a i. Is the project included in ihEi TIR or U R" R? (Yes cr N c; N c 4. Iransit Rre ject a. Project Title: b. Project Location: c. Project C escmipiion: Additional prajout infcuirriation may ba atllaaHed. d. ALF funding uequested ilalso incdL de on pagEi 'I line 2a) gl e. 01 hen Fl.nds includec irl the Projecd ilinCILce an line 2t on klacle 1) $ f. Molal Rrojeci Cosi $ g. -k pe cel Rncject: F-1 Rlarining Capital Operations Oth e h. Is the project includEid in the Regional Transporlaiicn Rlan? (l es cue Nc; i. Is the project includEid in the TIR or U R" R? (Yes cr N c; $92,;1891 1 Rasolutian No. 2CI1f1-21 A REISC LJU HION OF THH MA YC R AND TC WN CC UNC IH OF FC UNITA IN HILILJS, MARICOFA CCUNW, ARIZCNA, APPRCVIINC THBI "MOWN OF FCUNTAIN HILILJS' ARIZCNA LIOTTHRYI FUNDI CRAINT APFLJICATICN FOR THE FISCAL] )JEIAR 1017- l 8. WHHRHA S, the Ar' zona LoV cuiN Fund ("ALF") allocall as ftind'ng to Arizona l owns and ciill i epi for public l ransportat i on proj cicit�i; and WHHRHA S, the flown aflFountain H'IN ("`Towri"' desires to apply for ALJF furicing to improve aeacissibility for 1he'lown's residents to publics 1Irarisporlaticm ricitwarks; and WHHRHAS, the flown must submill ills ALF Crani Applicadon for Fiscial Year 2011-18 to VIa:Iley Meilrci on or b y Marah 30,:1018. NOW THERIEFC RIE BE IT RESIO LVIEU BYI lHE MA YIC R AND TC WN CC UNICILJ CF FCUNITAIN HILJLS as fbllciws: SFICTIION 1. flhat the (lawn of Fourilain Hills, through ills Mayor and C aunail, hereby approves 1he ' lown's A LIF Granil A ppliciatian fhr Fisaal 'dear 1017-18 aflached harato as Ek hit it A, and Eldhorizes its exaaution by the flown Manager anc Town F'nancia Direciar. SEIC'HION 2. flhat the (lawn of Fourilain Hi:Ils, througl ills Mayor and Caunci1, 1•areby authorizers 11•e (lawn Manager anc Town Financier Ili re(0cir to suLmiit the ALF Crani Apf11ical ion for Fiscal 'dear 1CI17-18 11a Talley Mellra on ori by March =10, 2CI If1. PASSIED AND ADCBTDD by I1 a Mayor and CouriciiI oflthe Fountain Hills, Mari aofla County, Ar:iacina, 11• is day of , 2CII8. BOR THE TOWN OF MOUNTAIN HILLSI: ATTESITDD TO: IJinda M. l lauanagh, Mayor RIEVIEWDD BU Ciiady H. Millar, Town Managar Bavalyri J. Bender, Town Clerk A FIPPIO VIED ASI TO IIORM: Dickinscm Wright PLHC, Town Attorneys EXHIBIT A ALF GRANT AIINLI C A TION FCR FISCAL YEARI 2017-18 'HCIENIX 771108-1 4396M 1 Meeting Date: 312012018 Agenda Type: Regular TOWN GE FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: David Trimble, Administrative Services Director, dtrimble c@fh.az.gov, 480-816-512.5 REQUEST TO COUNCIL (agenda Language): CONSIDERATION OF Resolution 2018-23, amending and restating employee personnel policies Applicant: NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Employee personnel policies Staff Summary (background): Town of Fountain Hills personnel policies have been updated several times for specific purposes, since the last comprehensive rewrite was finished in 2013. As a result, numerous policies needed to be re -ordered, edited, and/or renumbered. Staff, with guidance from the Town Manager has also identified policies that should be added or changed for a variety of reasons including increased employee satisfaction, compliance with legal guidelines, and staffing flexibility. Therefore, staff is recommending a comprehensive update of employee personnel policies. A summary of the major changes is included below. Please see attachment for more details. Major changes for personnel policies — proposed to be effective April 20, 2018 • Re -Ordered and Re -numbered existing policies to applicable locations within the manual • Added "Temporary Assignments" (202) policy and "Temporary Staffing" (203) policy to clarify interim assignments filled by existing employees and provide additional guidance for temporary positions filled by external candidates • Updated the drug and alcohol policy (401) in conjunction with existing case law that allows across-the- board pre-employment testing only for safety -sensitive positions instead of all positions. Retains testing for all positions in cases of reasonable suspicion or post -accident. • Updated the exempt/non-exempt employee classifications policy (601) in order to make it less complicated, and to further clarify overtime compensation and required use of accrued leave for less than full days. • Updated job sharing policy (605) to make it less complicated and more applicable • Updated wage and salary administration policy (701) to add an Equity Adjustment section allowing the Town Manager flexibility to make employee salary adjustments within set salary range • Updated tuition reimbursement policy (9 17) to increase the yearly limit from $3,500 currently, dependent on overall fiscal budget constraints. Also, simplified language and deleted the payback clause for employees that separate within two -years. • Updated supervision and discipline policy (1201) to make clarifications on due process, simplify language, and require involvement from the entire chain of command instead of just the immediate supervisor. Page 1 of 2 • Made additional housekeeping changes and edits throughout the manual, including those related to the policies previously referenced Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, lin here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve List Attachment(s): Updated personnel policies manual showing changes, and final version SUGGESTED MOTION (for council use): Move to approve resolution 2018-23 updating and amending personnel policies Pre arep d by. /Acuninistraive David Irintlee,, Services Director 3 208 8 Director's Approval: , David Trimble, Administrative Services Director 3/8/2018 oved: Grady E. Miller ovm onager 318/2018 Page 2 of2 Resolution No. 2018-23 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, AMENDING AND RESTATING THE TOWN OF FOUNTAIN HILL PERSONNEL POLICIES. WHEREAS, the Town's personnel policies were last comprehensively rewritten in 2013, and updated from time to time, and WHEREAS, the Town desires to amend and restate its personnel policies to reflect changes in the law, provide for staffing flexibility, and increase employee satisfaction, and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby amends and restates the Town of Fountain Hills Personnel Policies, attached hereto as Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 20th day of March, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Dickinson Wright PLLC, Town Attorneys EXHIBIT A AMENDED AND RESTATED TOWN OF FOUNTAIN HILLS PERSONNEL POLICIES PHOENIX 77018-1 440875v1 I11T ?'Ili' �lr��Alk 0 o t is A Amended and Restated March 20, 2018 TOWN OF FOUNTAIN HILLS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 480-816-5100 TABLE OF CONTENTS Page No. ABOUT THE ORGANIZATION.....................................................................................1 MISSION STATEMENT................................................................................................2 I. GENERAL INFORMATION (101) General Provisions and Purpose..................................................................3 (102) Loyalty Oath.........................................................................................4 (103) Equal Employment.................................................................................6 II. CONDITIONS OF EMPLOYMENT (201) Proof of Right to Work in the United States....................................................7 (202) Temporary Assignments.............................................................................8 (203) Temporary Staffing................................................................................................9 (204) Identification Badges & Building Access.....................................................10 (205) Basic Work Week and Hours of Work...........................................................11 (206) Code of Conduct...........................................................................................12 (207) Conflict of Interest..............................................................................14 (208) Solicitation...........................................................................................17 (209) Political Activity...............................................................................18 (210) Nepotism and Personal Relationships.................................................19 (211) Secondary Employment..............................................................................20 (212) Harassment..............................................................................................23 (213) Absentee Reporting, Personal Telephone Calls, and Record Changes .............25 (214) Dress Code and Uniforms................................................................................28 (215) Violence in the Workplace.....................................................................32 III. RECORDS (301) Confidentiality and Employee Records......................................................33 (302) Personnel Record Keeping....................................................................34 (303) Performance Evaluation.......................................................................35 (304) Job Descriptions................................................................................36 IV. HEALTH & WELFARE (401) Drug and Alcohol Abuse and Testing — All Employees ............................37 (402) Drug and Alcohol Abuse and Testing — Employees Required to Maintain a........ Valid Commercial Driver's License...................................................................44 (403) Smoke -Free Workplace.........................................................................52 (404) Weapons..........................................................................................53 (405) On -the -Job Injury and Illness..................................................................54 (406) Temporary Modified Duty.....................................................................55 (407) Disability & Accommodations...............................................................56 V. RECRUITMENT AND ANNOUNCEMENT OF POSITIONS (501) Recruitment......................................................................................62 (502) Background Checks.............................................................................63 VI. CLASSIFICATION (601) Exempt/Non-Exempt Employee Classifications..........................................64 (602) Employee Classifications......................................................................66 (603) Call -Back Pay....................................................................................67 (604) Stand -By Duty (On-Call)..................................................................69 (605) Job Sharing.......................................................................................71 VII. WAGE AND SALARY ADMINISTRATION (701) Wage and Salary Administration.............................................................72 (702) Pay Period and Workweek..............................................................76 VIII. INTRODUCTORY PERIOD (801) Introductory Employment Period.............................................................77 IX. FRINGE BENEFITS & LEAVES (901) Eligibility for Benefits..........................................................................80 (902) Sick Leave — Full -Time and Part -Time Regularly Scheduled Employees .........81 (903) Sick Leave — Part -Time Non -Regularly Scheduled, Temporary Seasonal, and Other Employees.......................................................................84 (904) Vacation Leave..................................................................................86 (905) Holidays.........................................................................................88 (906) Personal Leave (Optional).....................................................................90 (907) Family & Medical Leave Act (FMLA)................................................ 91 (908) Exempt Leave.....................................................................................95 (909) Miscellaneous Leave with Pay................................................................97 (910) Leaves of Absence without Pay..............................................................99 (911) Merit Leave...........................................................................................100 (912) Military Leave................................................................................101 (913) Health & Welfare Benefits..................................................................102 (914) 401A Retirement Plan.......................................................................103 (915) Deferred Compensation......................................................................104 (916) Employee Assistance Program ........................................................105 (917) Tuition Reimbursement.........................................................................106 (918) Training Funding.............................................................................111 (919) Service Awards......................................................................................112 X. TRAVELING ON OFFICIAL BUSINESS (1001) Travel Time.............................................................................113 XI. OTHER WORKPLACE POLICIES (1101) Membership in Professional and Civic Organizations ...............................114 (1102) Use of Town Vehicles by Town Employees ............ 115 (1103) Use of Town Premises, Property and Materials ........................................117 (1104) Acceptable Use of Information Systems ............... 118 (1105) Intranet/Internet and Email..............................................................122 (1106) Software/Hardware.............................................................................130 (1107) Audit of Information Systems ..........................................................135 (1108) Town Furniture and Walls.................................................................137 XII. SUPERVISION AND DISCIPLINE (120 1) Supervision and Discipline................................................................13 8 XIII. SEPARATION FROM SERVICE (1301) Separation from Employment............................................................147 (1302) References...................................................................................150 (1303) Reduction in Workforce...................................................................151 XIV. PROBLEM SOLVING AND GRIEVANCE PROCEDURES (1401) Problem Solving............................................................................152 (1402) Grievances.......................................................................................154 (1403) Covered/ Uncovered Positions................................................................160 ABOUT THE ORGANIZATION The Town of Fountain Hills (or the "Town") municipal government provides a variety of services such as zoning ordinances and the Town code. 1 Major departments include Administration, Community Services, the Court, Development Services, law enforcement (contracted with the Maricopa County Sheriff's Office), and fire and emergency medical service (contracted with Rural Metro). The Town is operated with a seven -member Town Council handling policy decisions for Fountain Hills. The Town Manager is responsible for all personnel and administrative matters at Town Hall. The Town of Fountain Hills has an unrelenting commitment to excellence and equitable treatment to its employees and customers. 1 Town of Fountain Hills MISSION STATEMENT The Town of Fountain Hills' purpose is to serve the best interests of the community by: providing for its safety and well-being; respecting its special, small-town character and quality of life; providing superior public services; sustaining the public trust through open and responsive government; and maintaining the stewardship and preservation of its financial and natural resources. To serve and respect, and provide trust and stewardship. 2 Town of Fountain Hills Personnel Policies SECTION: GENERAL INFORMATION POLICY: GENERAL PROVISIONS AND PURPOSE POLICY NO: 101 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish Town of Fountain Hills Personnel Policies and describe overall content and relationships to other regulations. STATEMENT OF POLICY: The Town Council enacts these policies in order to further the following goals: 1. To provide a uniform system of personnel administration throughout the Town service. 2. To assist managers in the development of sound management practices and procedures, and to make effective and consistent use of human resources throughout the Town. 3. To promote communication between department heads, supervisory staff, and employees. 4. To ensure, protect, and clarify the rights and responsibilities of Town employees. SCOPE: These personnel policies shall apply to all Town employees unless otherwise noted. Elected officials; officers subject to appointment and removal by the Council; consultants hired on a contract basis; contract employees; volunteer workers who receive no regular compensation from the Town; and members of boards, committees and commissions established by the Council may be subject to separate rules. In the event of conflict between these policies and any Town ordinance, or state or federal law, the terms and conditions of those ordinances or laws shall prevail. In all other cases these policies shall apply. In the event of the amendment of any ordinance, rule, or law incorporated in these policies or upon which these policies rely, these policies shall be deemed amended in conformance with those changes. The Town Manager shall have the authority to make such amendments, as mandated by local, county, state or federal ordinance, regulation or law, and shall also have the authority to make non -substantive amendments. Amendments shall be reported to the Town Council. The Town of Fountain Hills specifically reserves the right to repeal, modify or amend these policies at any time, with or without notice. None of these provisions shall be deemed to create a vested or contractual right in any employee, or limit the power of the Town Manager to repeal or modify these policies. These policies are not to be interpreted as promises or specific treatment. The Town may terminate an employee for any reason or no reason during the introductory period as long as the termination is not based on discrimination. In addition, the Town may terminate an employee for cause after the introductory period. Likewise, the employee may terminate employment at any time. No individual supervisor, manager or officer can make a contrary agreement. 3 Town of Fountain Hills Personnel Policies SECTION: GENERAL INFORMATION POLICY: LOYALTY OATH POLICY NO: 102 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: The purpose of this procedure is to document and ensure compliance with the loyalty oath requirements of State law. STATEMENT OF POLICY: All Town employees are required to sign a loyalty oath and such document must be submitted with new hire paperwork and filed in the employee's official personnel file. (See Exhibit 102-A - Loyalty Oath). Arizona Revised Statutes §38-231 requires in part that an officer or employee within the meaning of the section who fails to take and subscribe the oath or affirmation provided within the time limits prescribed shall not be entitled to any compensation unless and until such officer or employee does so take and subscribe to the form of oath or affirmation set forth. C! EXHIBIT 102-A LOYALTY OATH A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices. B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section. C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment. D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section. E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation: State of Arizona, County of I, (type or print name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of (name of office) according to the best of my ability, so help me God (or so I do affirm). (signature of officer or employee) F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution. 5 Town of Fountain Hills Personnel Policies SECTION: GENERAL INFORMATION POLICY: EQUAL EMPLOYMENT POLICY NO: 103 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To define the Town of Fountain Hills' position regarding nondiscrimination in all matters pertaining to employment throughout the organization. STATEMENT OF POLICY: The Town provides equal opportunity for all applicants and employees. The Town does not discriminate on the basis of race, color, religion, gender, national origin, ancestry, marital status, sexual orientation, age, physical or mental disability, medical condition, veteran status or any other status protected by law. The Town also makes reasonable accommodations for the disabled and for employee's religious observances and practices to the extent provided by law. It is the responsibility of every employee to cooperate with the spirit and intent of this policy. SCOPE: This policy applies to all applicants and employees throughout every aspect of the employment relationship including, but not limited to: recruitment, selection, placement, training, compensation, benefits, promotion, transfer, discipline, termination, and social and recreational programs. G Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: PROOF OF RIGHT TO WORK IN THE UNITED STATES POLICY NO: 201 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish procedures to comply with federal law regulating eligibility to work in the United States. STATEMENT OF POLICY: The Town of Fountain Hills requires all new hires to provide documentation of eligibility to work in the United States no later than three working days after the employee commences work. Employment is contingent upon satisfactory completion of the verification requirement. SCOPE: This policy applies to all Town employees. PROCEDURE: When an offer of employment is made to an applicant, the applicant shall be informed that proof of identity and eligibility to work in the United States will be required upon hire. A list of acceptable documents will also be described and/or mailed to the candidate. All new employees hired by the Town will be required to complete Section 1 of INS Form I-9 at the time of hire. In addition to completing the 1-9 form, all new employees must also be cleared by the Department of Homeland Security (DHS) as being eligible to work in the United States through the E -Verify Program required by the Legal Arizona Workers Act (A.R.S. §23-211 et. seq.). It is completed by a representative from Human Resources inputting into a secure DHS web site the information provided by the new employee from the completed I-9 form and their social security number. Typically, DHS will respond within seconds whether the person is cleared to work or if they have issues that must be cleared up with either the Social Security Administration or DHS. These forms will be maintained by the Human Resources Office. The Department Director, or designee, will ensure that the Human Resources Office verifies the candidate's documents no later than three working days after the commencement of employment. 7 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: TEMPORARY ASSIGNMENTS POLICY NO: 202 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To clarify the circumstances by which the Town may utilize temporary assignments or temporarily staff a position. "Acting" Assignments — Town employees may be temporarily assigned to perform all of the duties and assume all of the responsibilities of another position. "Increased Work Duties" Assignments — From time to time, Town employees may be temporarily assigned by the Town Manager to perform some or all of the duties and assume some or all of the responsibilities of a position or other positions. SCOPE: This policy applies to all Town Employees and all Town Departments. PROCEDURE: Temporary Assignments shall be administered in the following manner: 1. "Acting" Assignments — When the Town Manager identifies or otherwise determines that a Town Department is in need of an "Acting" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best -suited to meet the Department's needs. During such temporary assignments, the Town employee shall be designated as having an "Acting" positon. Changes in compensation during an "Acting" assignment shall be determined by the Town Manager. Temporary assignments do not become "Acting" assignments unless and until such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks. "Acting" assignments should generally not last longer than nine (9) months, unless extended in writing by the Town Manager. 2. "Increased Work Duties" Assignment — When the Town Manager identifies or otherwise determines that a Town Department is in need of an "Increased Work Duties" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best - suited to meet the Department's needs. Changes in compensation during an "Increased Work Duties" assignment shall be determined by the Town Manager. Temporary assignments ("Increased Work Duties") do not become assignments for purposes of changes in compensation unless and until such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks. A temporary assignment (increase in work duties) can be in place of or in addition to an employee's regular duties. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: TEMPORARY STAFFING POLICY NO: 203 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To clarify the circumstances by which the Town may temporarily staff a position. STATEMENT OF POLICY: From time to time, Town Departments may be in need of staffing to meet needs and/or fulfill responsibilities the Department may otherwise be incapable of performing with its current staffing. In such cases, the Town may determine that the Department's needs warrant additional staff in order to meet its needs and/or fulfill its obligations. SCOPE: This policy applies to all Town Employees and all Town Departments. PROCEDURE: Temporary staffing shall be administered in the following manner: Town Departments in need of temporary staffing (usually for periods of no greater than one year), may obtain such staffing from outside agencies, temporary employees, or through the use of temporary Town employees. Town Departments in need of temporary staffing shall consult with Human Resources before initiating any temporary staffing in order to discuss, among other things, the potential implications of the temporary staffing. Outside agencies may be used for temporary staffing with approval of Human Resources and Finance. Generally, agencies on a previously approved statewide contract are to be used. G� Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: IDENTIFICATION BADGES AND BUILDING ACCESS POLICY NO: 204 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To protect the safety and maintain the security of all employees. STATEMENT OF POLICY: Every employee is required to wear a picture identification badge at all times while on Town premises. Failure to do so will subject the employee to corrective action. SCOPE: This policy applies to all Town employees. PROCEDURE: Human Resources will arrange for all new employees to receive an ID badge during orientation on their first day of employment. Loss or damage of the ID badge should be reported to Information Technology immediately in order for the badge to be deactivated in the system. The badge is the property of the Town of Fountain Hills and must be returned upon termination of employment. Because employee ID badges are also the means by which employees enter and leave the premises, employees must not loan their badges to anyone, including other employees, nor should employees allow anyone to enter the premises that the employee does not know to be an employee of the Town of Fountain Hills without first signing the Visitor Log and obtaining a Visitors Pass. Failure to observe these safety regulations could endanger the safety and security of all other employees and could subject the employee to corrective action up to and including termination. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: BASIC WORK WEEK AND HOURS OF WORK POLICY NO: 205 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To set forth a basic policy for the Town of Fountain Hills regarding attendance and hours of work. SCOPE: The standard workweek for full-time employees is forty (40) hours. General office hours are from 7:00 a.m. to 6:00 p.m., Monday through Thursday. The standard workweek shall be seven (7) consecutive days commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. Any work shift in progress at midnight Sunday shall be included as part of the work period in which that shift commenced. With approval of the Department Director, modifications to this provision may be arranged in any manner consistent with departmental operations and to provide essential Town services, subject to any applicable federal or state statutory or constitutional limitations relating to hours of work. The Town Manager shall approve any modifications prior to implementation. Workday and workweek lengths for exempt employees are determined primarily by their current workloads and the organization's needs. Hours of attendance shall be maintained on official Town payroll documents as specified by the Human Resources office. Any falsification of individual time records or payroll documents by any Town employee will result in disciplinary action up to and including termination. PROCEDURE: All non-exempt employees are required to fill out time sheets daily in a complete and accurate manner. Exempt employees are required to fill out time sheets for the purpose of paying vacation days, sick days, or personal days during the pay period. Non-exempt employee time sheets shall be reviewed by each supervisor and approval designated by signature. Corrections or changes to the time sheet shall be made by placing a line through the error, inserting the correct information and initialing the changes. The supervisor must approve any corrections on the time sheet and initial same. REST PERIODS: Town employees who work at least eight (8) hours in a day are allowed two (2) fifteen - minute rest periods per day or shift, but will not exceed fifteen minutes in any consecutive four-hour period. The supervisor schedules all rest periods so that work areas are covered. Rest periods are counted as time worked and cannot be combined or "banked" to provide an extended lunch or rest period or shorten the workday. Overtime pay is not granted for rest periods not taken or for work performed during a rest period. MEAL PERIODS: All Town employees who work a minimum of eight (8) hours per day will receive a minimum of a one-half (1/2) hour unpaid meal period. The supervisor schedules all meal periods so that work areas are covered. Unpaid meal periods may be scheduled for employees working less than eight (8) hours with approval of the supervisor and employee. An employee must be completely relieved from duty in order for the time to be a "bona fide meal period". Skipped meal periods cannot be used to make up time or to shorten the workday without approval of the supervisor 11 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: CODE OF CONDUCT POLICY NO: 206 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a code of conduct for the basic guidance of Town employees concerning matters affecting their work. STATEMENT OF POLICY: A Town government that upholds high standards of integrity and impartiality is a cornerstone of the democratic way of governing ourselves. Town employees must manage business and personal affairs so as to avoid situations that might lead to conflict, or the appearance of conflict, between self- interest and public duty. PERFORMANCE OF DUTIES: A. Employees should perform official duties diligently during working hours. B. Employees should always perform their duties with courtesy and respect for the public and for co-workers and without bias or prejudice, manifest by words or conduct, based upon race, color, religion, national origin, gender, age, sexual orientation, disability, or political affiliation. C. Employees should seek to maintain and improve their personal and professional growth and development and that of their co-workers through cooperation and participation in educational programs relevant to their duties and through any licensing or certification required for their position. D. Employees should perform their duties impartially in a manner consistent with law and the public interest, un -swayed by kinship, position, partisan interests, public clamor or fear of criticism or reprisal. E. All duties shall be performed with honesty and truthfulness without falsification in any manner. F. Employees should conform their conduct at all times to the policies and procedures established by the Town. ABUSE OF POSITION: A. No employee should use or attempt to use their official position to secure unwarranted privileges or exemptions. B. No employee or a member of the employee's immediate family should accept, solicit, or agree to accept any gift, favor or anything of value with the understanding that the official actions, decisions or judgment of any employee will be influenced. 12 C. No employee shall request or accept any fee or compensation, beyond that received by the employee in their official capacity, for advice or assistance given in the course of their public employment. D. Each employee should use the public resources, property and funds under the employee's control and responsibility for the public purpose intended by law and not for any private purpose. CONFIDENTIALITY: As public servants, Town employees should carry out their duties in a manner that will withstand public scrutiny. Nevertheless, some employees handle confidential Town -related or employee -related documents while others handle sensitive matters, such as health records, private employee information such as addresses, phone numbers and social security numbers and investigations. Consequently, employees should maintain the confidentiality of matters they handle, assuring information about these activities is made public only upon appropriate authorization. If there is a question regarding confidentiality, Human Resources and/or the Town Manager shall be contacted for clarification. NOTE: Separate polices cover CONFLICT OF INTEREST, SECONDARY EMPLOYMENT, AND POLITICAL ACTIVITY. 13 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: CONFLICT OF INTEREST POLICY NO: 207 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines for Town employees to identify, disclose, avoid and manage conflicts of interest as required by law. SCOPE: Employees are subject to the provisions of A.R.S. Section 38-501 through 38-532 regarding conflict of interest. The Arizona Legislature has provided a series of laws covering the subject of conflict of interest. The laws apply to all officials, officers and employees of the Town. The law allows an official, officer or employee (or relative of an official, officer or employee) to do business with or to obtain services from the Town so long as the officer, official or employee makes known their conflict of interest and refrains from participating in the decision in any way. The Town Attorney will assist any employee or official who has any questions regarding conflict of interest. At any time, an employee is responsible for notifying their supervisor of any potential of conflict of interest. It is the duty of the employee and/or supervisor, if there is any concern regarding the possible conflict of interest, to contact the Town Attorney and request a written opinion. PROCEDURE: While not exclusive, specific examples of conflict of interest are enumerated below for the guidance of employees. a. Interest in Appointments Employees should not canvass the Mayor or members of the Town Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to a Town job. This does not apply to positions filled directly by the Council. Conversely, the Mayor, members of the Town Council, Board or Commission members, directly or indirectly, should not canvass the Town Manager or Human Resources Director to obtain preferential treatment for any appointment to a Town job on behalf of relatives. b. Preferential Treatment to Individuals Granting any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen is prohibited. Disclosure of Confidential Information The Town maintains confidential materials of various kinds (i.e., financial records, personnel data, administrative/legal opinions, software programs, and nonpublic records) designated as confidential by the Town Manager or his/her designee. 14 All employees are expected to assume responsibility for safeguarding Town records, equipment, property, and other materials. Access to certain material is based upon job classification and a need -to -know basis. Appropriate confidentiality will always be maintained. ii. Representing Private Interest before Town Agencies or Courts No person whose salary is paid in whole or in part by the Town shall appear on behalf of private interests before any agency related to Town activities. They shall not represent private, business, and/or financial interests in any action or proceeding against the interest of the Town in any litigation to which the Town is a party. iii. Interest in Contract with the Town No employee of the Town shall have any interest in any contract made by them in their official capacity or by any committee, board, or commission of which he is a member, agent, or employee. iv. Disclosure of Interest An employee who has a financial or other private interest shall disclose conflict of interest in writing on the records of the Town or other appropriate authority, the nature and extent of such interest. Any employee who has, or whose relative has, a substantial interest in any contract, sale, purchase, or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale, purchase, or service. Any employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an employee in such decision. 15 GUIDELINES: Common sense and good judgment will dictate the proper course of action in most situations. However, remember that if there is a question in your mind of even a slight conflict of interest, others will tend to exaggerate it. The best policy is to resolve such questions by addressing them at the outset so they will not become embarrassing problems later. Such matters can easily be addressed by discussing them with your supervisor. Handling these matters in this manner should avoid any occasion for disciplinary action. However, depending upon the severity, any violation of this policy may result in disciplinary action up to and including termination. A. Employees and their relatives should not enter into any contract with any component of the Town for financial gain, apart from any employment contract, without full disclosure and satisfactory management of any potential conflict of interest in accordance with this policy to avoid an actual conflict of interest. B. Employees should not be involved in the decision to hire or in the supervision of any member of their immediate family. C. Employees should not participate in decisions regarding conduct of Town business with any private party by whom the employee or a relative is employed or is actively seeking employment. D. Employees must refuse any and all non-food gifts presented by any member of the public (i.e. citizens, developers, applicants, etc.). Employees may accept gifts of food (i.e. cookies, candy, donuts, muffins, etc.) as long as the item is placed in the break room or in any other area where it may be shared with all Town employees. Employees may not solicit or accept a meal (lunch, dinner, etc.) from any member of the public. If it is necessary for an employee to attend a business lunch or dinner, they will be reimbursed for their out-of-pocket expenses in accordance with the Finance Department's reimbursement procedures. This provision does not prohibit: Solicitation or acceptance by an employee of loans from banks or other financial institutions on customary terms to finance proper and usual activities of the employee. 2. Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars, and other items of nominal intrinsic value. E. No Town employee in their official capacity as an employee of the Town shall publicly endorse the product or service of a commercial vendor. Employees shall not knowingly permit any commercial vendor the use of the employee's name or photograph, as associated with the Town, in any manner, which gives the appearance of an endorsement or the promotion of such vendor's product or service. F. Employees may refer to the ICMA Code of Ethics, which is available from Human Resources. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: SOLICITATION POLICY NO: 208 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a policy concerning solicitation in the workplace. STATEMENT OF POLICY: Solicitation by an employee of another employee is prohibited during the working time of either person. Working time is defined as time when an employee's duties require that they be engaged in work tasks. Girl Scout cookie sales or containers asking for donations during the holiday season, etc. are examples. Distribution of printed materials or literature of any nature shall be limited to non - work areas at non -work times. No literature shall be posted anywhere on the premises without the authorization of Human Resources. Solicitation and/or distribution of materials on Town property by persons not employed by the Town is prohibited at all times. SCOPE: This policy applies to all Town employees. 17 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: POLITICAL ACTIVITY POLICY NO: 209 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To establish a policy governing the political activity of Town employees in conformity with A.R.S. § 9-500.14 and Town Code § 3-2-4. STATEMENT OF POLICY: All employees will remain free from any political activity in a Fountain Hills municipal election: No employee may solicit or attempt to solicit support for a candidate or political party involved in a Fountain Hills municipal election. 2. No employee may take any part in the campaign of a candidate participating in a Fountain Hills municipal election but may vote as a citizen. 3. An employee may exercise their rights as a citizen to vote and to express opinions as an individual citizen, but not as a representative of the Town. No paid employee will seek election to public office with the Town while still employed by the Town. Any employee desiring to hold such office will resign from their position upon filing for the office. Employment will terminate upon filing for the office of Town Council by any employee. Political activity on the national, state, or county level is unrestricted, except that no paid employee will use their position to sell, solicit or distribute any campaign material during working hours or in a uniform used by or identified with the Town government. No paid employee will use their position to introduce, guide or recommend any candidate for public office on Town property. SCOPE: This policy applies to all Town employees. PROCEDURE: Violation of any provision of this Policy shall be deemed sufficient cause for disciplinary action up to and including termination. Nothing contained in this Policy shall be interpreted or construed in a way that denies any employee their civil or political liberties as provided by law. This section does not prohibit an employee from voting as provided by law and are encouraged to do so. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: NEPOTISM AND PERSONAL RELATIONSHIPS POLICY NO: 210 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: The purpose of these guidelines is to clarify the Town's process for the hiring and retention of relatives of current employees and personal relationships between employees. In all cases, professional standards and expectations should be discussed during a credible selection process and if conflicts arise during employment, they should be dealt with promptly. STATEMENT OF POLICY: As explained in the Town's policy on conflicts of interests, favoritism or extended courtesies can create unwanted problems for an organization. For this reason, the Town desires to avoid situations where there is a romantic, personal or marital relationship between a supervisor and a subordinate, or between co-workers in the same department. The Town will not employ individuals in close personal relationships which may include, but are not limited to, spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws to work under the direct supervision of another such family member. No relative (spouse, child, grandchild, parent, grandparent, sibling, or in-law), of a Town Council member or the Town Manager, shall be employed by the Town during that individual's tenure. The Town believes that romantic, dating, or sexual relationships between employees who are in the same chain of command, has the potential to disrupt the work environment. Some of the possible adverse effects of such relationships may include the following: poor work performance or attitude; distraction from work duties; creation or suggestion of a sexually hostile or offensive work environment for the involved employees or others around them; and the possibility, appearance, and/or perception of favoritism or conflict of interest. For these reasons, and in furtherance of its policy against sexual harassment in the workplace, the Town forbids its supervisors to have a romantic, dating, or sexual relationship with any other employee who is under them in the chain of command. In regard to non -supervisory relationships, the Town will become involved and will take appropriate action if problems resulting from such relationships manifest themselves on the job. In all cases of employment with the Town, the Town reserves the right to transfer or reassign any employee at any time with/without cause or notice. Q Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: SECONDARY EMPLOYMENT POLICY NO: 211 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines for Town employees concerning outside employment. STATEMENT OF POLICY: The Town of Fountain Hills does not generally prohibit employees from engaging in secondary employment. However, each full-time employee's Town position should be considered the employee's primary employment. Therefore, the Town of Fountain Hills does prohibit secondary employment when it interferes with the employee's Town duties, involves a potential conflict of interest, or in any way compromises the integrity or credibility of the Town of Fountain Hills government in the community. SCOPE: Town of Fountain Hills' employees should avoid: A. Secondary employment with an entity that conducts business with the Town without full disclosure and satisfactory management of any potential conflict of interest. B. Secondary employment which cannot be accomplished outside of the employee's normal working hours or is otherwise incompatible with the performance of the employee's duties by placing the employee in a position of conflict between the employee's role with the Town and the employee's role in the outside employment. C. Performance of work for any governmental entity within the State of Arizona without the written consent of both employers. D. Secondary employment which exploits official position or confidential information, acquired in the performance of official duties for personal gain. E. Secondary employment which may be viewed by the public as work on behalf of the Town. Due to the importance of the public's perception of the Town government, all employees who engage in secondary employment must disclose such work on a "Secondary Employment Declaration" form (See Exhibit 209- A). Secondary employment is subject to review for conformance to this policy. Employees engaged in secondary employment determined not to be in conformance may be required to cease such employment. If there is any question regarding secondary employment or volunteer positions, it is recommended these be discussed in advance with supervision. Employees who hold positions classified as exempt are normally not permitted to engage in secondary employment. VOLUNTEER ACTIVITIES: Employees are encouraged to engage in volunteer activities, especially activities to improve community life. However, employees should evaluate their volunteer activities in the same manner as outside employment to identify any potential conflict with the employee's Town position and discuss these potential conflicts with Wo their supervisor on an individual basis. Employees should declare volunteer activities only if the employee believes there is some reason for concern consistent with the spirit of the policy. TOWN OF FOUNTAIN HILLS SECONDARY EMPLOYMENT DECLARATION Employee Name: Position: Department: In accordance with Town policy, I hereby declare the following secondary employment: Other Employer Name: Other Employer Address: Position/Title (if any): Hours of Work: Description of work performed: Employee Signature: Approved: Yes No Immediate Supervisor Signature Comments: Approved: Yes No Department Head Signature Comments: Approved: Yes No Town Manager Signature 21 Date: EXHIBIT 211-A Date Date Date Comments: 22 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: HARASSMENT POLICY NO: 212 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a policy prohibiting harassment in the workplace and provide a method by which claims of harassment may be investigated and resolved. STATEMENT OF POLICY: It is anticipated that Town employees will treat each other with courtesy and civility at all times, and harassment or intimidation of any form will not be tolerated. It is specifically unlawful, and therefore strictly forbidden, for any person to harass an employee based on sex, sexual orientation, race, color, ancestry, national origin, religion, age, disability, or any other legally protected characteristic. SCOPE: Harassment is defined as any conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating any intimidating, hostile, or offensive work environment, based on that individual's race, color, gender, sexual orientation, national origin, religion, age, or disability. Sexual harassment: Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing," "practical jokes," jokes about gender -specific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person. Sexual harassment may occur between members of the same or opposite gender. Other harassment: Other harassment consists of unwelcome comments or conduct having specific or reasonably implied references to race, color, national origin, religion, age, disability, or any other legally protected characteristic. Such harassment may include, without limitation, insulting comments, "kidding," "teasing," and "practical jokes," slurs, taunting, verbal abuse or epithets, degrading comments or jokes, jokes about certain traits, and insulting pictures, drawings, objects, cartoons, posters, pictures, or printed or other visual material. Unlawful harassment: Such harassment is unlawful when: Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 22 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. PROCEDURE: Every employee of the Town has an affirmative duty to maintain a work place free of harassment and intimidation. An employee should take complaints or reports of harassment directly to their supervisor, or, if their supervisor is the subject of the complaint, or if there is some other reason for doing so, to their supervisor's supervisor (See Exhibit 212-A). Department Heads or supervisors who receive complaints or reports of harassment must immediately inform the Human Resources Administrator of such complaints. The Human Resources Administrator will expedite an investigation into the allegations. Confidentiality of all parties involved in a harassment charge shall be respected except to the extent that it interferes with the Town's legal obligation to investigate allegations of misconduct and to take appropriate action. When an investigation has been conducted, all associated persons will normally be advised of the outcome of the investigation. The Town Manager shall take such disciplinary action as is warranted, up to and including termination of the offending parry. Any reprisal or retaliation for reporting harassment under this policy or participating in an investigation is strictly prohibited. All department heads, supervisors and employees must attend harassment prevention training when provided by the Town. 23 EXHIBIT 212-A EMPLOYMENT DISCRIMINATION AND/OR HARASSMENT 90'_. \_ _ 1.110 Name (please print) Home Street Address City, State, Zi Home Phone No. Work Phone No. If you are a current Town employee: Supervisor's Name: Department: Do you believe you have been discriminated or harassed on the basis of- Race £Race National Original Age Religion Other Sex Disability Color Retaliation Briefly describe the nature of your complaint: Please explain the problem as you see it and any ideas you have to solve the problem. Where possible, specify the date(s) of the incident(s) and name(s) involved. If additional space is needed, please attach additional pages. The Town of Fountain Hills will not tolerate employment discrimination or harassment upon an employee's or applicant's race, color, national origin, sex, sexual orientation, religion, disability or age. An employee or applicant asserting a good faith employment discrimination or harassment complaint and/or participating in an investigation of such a complaint will be protected from retaliation or discipline. Any employee found guilty of harassment or retaliation will be disciplined, up to and including termination. Signature: Date: 24 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: ABSENTEE REPORTING, PERSONAL PHONE CALLS, AND RECORD CHANGES POLICY NO: 213 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish procedures for absentee reporting, personal telephone calls, and record changes. PROCEDURE: 30Q111_14Do 7aZ17tta#10" Whenever an employee is unable to report for work for any reason, they must contact their immediate supervisor or designee telephonically or by email at least thirty (30) minutes prior to the start of their scheduled working hours or as soon as otherwise practicable. 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 their 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 the employee's immediate supervisor or designee to relay a message on behalf of the employee prior to the start of the employee's scheduled working hours. A 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 in very specific circumstances, may result in the employee being placed on leave without pay status for the duration of the absence. When an employee needs to leave work during the workday, the employee should notify their immediate supervisor or designee. In all cases, if the immediate supervisor or designee is not available, the employee should either contact their 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. 25 I l[I II7 & I ACIE I 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 213-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. 26 EXHIBIT 213-A Town of Fountain Hills PERSONAL INFORMATION CHANGE FORM Please PRINT CLEARLY and sign and date at the bottom of the form. Return to Human Resources, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Type of Change (check all that apply) Name Required to be brought to Human Resources 1. New tax forms (W-4 and A-4) 2. Copy of new Social Security Card reflecting the name change or a copy of the receipt from Social Security confirming an application for a new card. 3. I-9 (with two of the sections completed; Section 1 with the OLD name; Section III with the new name). Section II must be completed by a Human Resources representative in your presence. Emergency Contact Telephone Address Marital Status Change of Gender (check one) Male to Female Female to Male Employee Name (Example: Smith, Jane A.) New Name (Example: Jones, Jane S.) Social Security Number/Employee ID Employee Home Phone (with area code) Local Street Address City, State, Zip Code Does this address update also apply to W-2 mailings? (check one) Yes No Emergency Contact (Example: Jones, John B.) Emergency Contact Phone Number (with area code) Marital Status Employee Signature Married Divorced Separated Single 27 Date Widowed Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: DRESS CODE AND UNIFORMS POLICY NO: 214 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To provide guidelines for the appearance of Town employees when performing duties and conducting business for the Town. STATEMENT OF POLICY: All Town employees are expected to present a positive, professional, and appropriate image consistent with the duties and assignments of each employee. This policy represents the minimum standards which will be applied to all departments. Most departments have at least some uniqueness in terms of operating needs, such as customer expectations and safety. Therefore, departments may have more restrictive standards if such standards are approved in writing by the Town Manager. Department Heads and supervisors are responsible for determining and enforcing the dress code for their respective areas of responsibility. SCOPE: The Town recognizes the changing nature of fashion; however, the professional image of the Town is maintained, in part, by certain expected norms of professional appearance, of personal neatness, cleanliness, and good grooming which are applicable to all employees. Extravagance and extremes of style and attire are not in good taste in a public service environment. The Town reserves the right to advise any employee at any time that their grooming, attire, or appearance is unacceptable. All clothing which is worn on duty shall be neat, clean, properly pressed and well maintained. Casual apparel and footwear are not appropriate unless directly related to the job assignment, or a special event, or medical condition approved by the Town Manager. All employees shall maintain personal grooming habits which do not detract from their ability to perform their job or adversely affect the working conditions of fellow employees. POLICY: The Town's primary objective is to have employees project a professional image and also be able to take advantage of a `business casual' dress policy as an alternative to the professional attire of dresses, suits, ties, and dress shoes. Employees are expected to maintain an appearance that is appropriate to the work situation. All employees are responsible for complying with this policy. If a supervisor feels that an employee's apparel or grooming is not appropriate, the matter will be discussed with the employee. If a pattern of non-compliance develops, progressive discipline will be administered as appropriate, up to and including termination. The following information is intended to serve as a general overview of acceptable business casual wear as well as a listing of some of the more common items that are not appropriate for the office. Neither group is intended to be all inclusive. Rather, these items should help set the general parameters for proper casual business wear and allow you to make intelligent judgments about items that are not specifically addressed. A good rule of thumb is that if you are not sure if something is acceptable, choose something else or inquire first. Professional Attire Positions that involve frequent, direct public service contact, i.e. those where meeting the public is an inherent function of the position, and where such contact would normally occur daily, are subject to the following appearance standards: In general, male employees shall wear neat and clean dress slacks and dress shirts or conservative shirts. Neckties, suits and sport coats should be worn whenever the employee has contact with individuals similarly dressed. Footwear shall be maintained in a clean and polished manner and socks should be worn. (Sneakers and gym, jogging, and tennis shoes are inappropriate unless directly related to the job assignment, or a special event or medical condition approved by the Town Manager). In general, female employees shall wear neat and clean dresses or skirts of an appropriate business length, generally two (2) inches above the knee or lower, or may wear dress slacks, blouses and footwear compatible with clothing worn by counterparts in the business office environment. (Gym, jogging, sneakers, beach sandals, and tennis shoes are inappropriate unless directly related to the job assignment, or a special event or medical condition approved by the Town Manager). Field positions in Development Services and Community Services will be covered by departmental dress policies which may include a requirement to wear a Town provided uniform. Uniformed employees must wear neat and clean uniforms at all times. Business Casual The principal differences between professional dress and business casual are decreased formality, such as the absence of a tie, the substitution of a polo shirt for dress shirt, the substitution of a sweater for sports coat for men, and more informal skirts, dresses, pants and shoes for women. Business casual dress in some areas may necessarily be "dressier" than in others due to the nature and frequency of contacts with the general public or government officials. The objective of business casual dress is to be comfortable, while still maintaining a professional business environment. Casual business wear encompasses many looks, but it really means casual clothing that is appropriate for an office environment. It is clothing that allows you to feel comfortable at work, yet always looks neat and professional. Clothing such as casual slacks, polo shirts, sweaters, and casual shoes would be appropriate. In general, acceptable male attire consists of khaki or casual style slacks, collared shirts, whether polo style or button-down shirt. Socks and a belt must be worn. In general, acceptable female attire consists of khaki or casual style slacks, casual blouse, sleeveless blouse, or polo style shirt. Casual/Dress Down Thursday Dress -down days have become very popular as a strategy for improving morale among employees. Thursdays of each week will be considered a dress down day. Attire for dress down days will be "relaxed casual" and may include jeans, athletic or tennis shoes and sandals. There are times when traditional business attire is to be worn on casual days. Take your day's schedule into account when you are dressing. If you have a meeting scheduled with visitors, or if you are advised that others in the department will have visitors with whom you will come in contact, you will want to dress in professional/business casual attire. And, of course, professional attire is always acceptable if that is your preference. at Exceptions: Anytime scheduled meetings or other work commitments involve the general public, outside business representatives, or government employees outside the Town, good judgment in choice of attire is expected. This will normally mean wearing professional dress attire for that day. Individuals employed in areas where safety equipment or other uniform or dress considerations are in place due to occupational health and safety or other business related reasons, must adhere to those safety standards deemed appropriate by the department head. This may preclude the wearing of tennis shoes, for example. Under no circumstances may employees wear halter tops; strapless tops; spaghetti straps; tank tops, midriff/cropped tops; any garment with words or pictures that may be offensive, demeaning or discriminating to others; see through (sheer) or mesh clothing that shows undergarments; torn clothing, or clothing with holes in it; clothing designed specifically for sporting activities (i.e. as sweats, shorts, leggings, spandex, skorts, bib overalls, thongs, flip flops); sleepwear; faded clothing; clothing more appropriate for evening or leisure wear (i.e. miniskirts, low-cut tops, or any revealing or provocative clothing). All clothing must be clean, neat, and fit properly rather than being either excessively baggy or extremely tight. Work -Study Students Students (Interns) frequently work in support of regular department employees in return for educational credit and/or financial aid subsidies. Dress for these employees is casual but not controversial. Some consideration must be given to the fact that students have limited means and are usually working between classes. If safety clothing or equipment is deemed necessary by the department, such clothing will be furnished by the department. T-shirts bearing language or art which is likely to offend others, torn clothing, unkempt appearance, or revealing clothing which exposes parts of the body typically covered in that work setting should be avoided. Jewelrv. Tattoos. Facial Hair. and Hairstvles Earrings are acceptable; however, no more than two earrings may be worn on each ear while working. Rings through the nose, eyebrow, tongue, or body parts (other than the ear lobe) visible to the public may not be worn while working. All tattoos must be small in size or covered at all times and may not be offensive in nature. Facial hair is permitted as long as it is neat and well -trimmed. Hair should be clean, combed, and neatly trimmed or arranged. (Departmental policies for uniformed field positions may require tattoos to be covered at all times, may prohibit jewelry, and may prohibit facial hair). Job-related safety when operating potentially dangerous machinery with moving parts, or jobs with public health considerations such as serving or cooking food or resuscitation may nevertheless require appropriate adjustments. This is not an all-inclusive dress code policy. Any attire which causes a distraction from the normal business of Town employees or is a safety hazard will be addressed. The very nature of our business requires daily contact with many people from all walks of life. Therefore, projecting a professional image and appearance is very important. Employees will be requested to return home to change and return to work if not complying with the Town's appearance/grooming and footwear policies. Employees will be sent home on vacation leave (if available and with supervisory approval) or will not be compensated for this time out of the office. A documented verbal RK counseling should be given to the employee and the Town's dress and appearance standards should be reviewed. A second or subsequent deviation from acceptable grooming and attire standards will again result in the employee being sent home on vacation or unpaid leave. Such subsequent incidents will be cause for disciplinary action up to and including termination. Employees with religious needs related to this policy may be reasonably accommodated and should discuss those needs with their supervisor and/or Human Resources. 31 Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: VIOLENCE IN THE WORKPLACE POLICY NO: 215 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: The safety and security of all employees is of primary importance at the Town of Fountain Hills. STATEMENT OF POLICY: Threats, threatening and abusive behavior, or acts of violence against employees, visitors, citizens, or other individuals by anyone on Town property will not be tolerated. Violations of this policy will lead to corrective action up to, and including, termination and/or referral to appropriate law enforcement agencies for arrest and prosecution. The Town of Fountain Hills reserves the right to take any necessary legal action to protect its employees. SCOPE: This policy applies to all Town employees POLICY: Any person who makes threats, exhibits threatening behavior, or engages in violent acts on Town premises shall be removed from the premises as quickly as safety permits and shall remain off Town premises pending the outcome of an investigation initiated by the Town Manager or designee. Following investigation, the Town of Fountain Hills will initiate an immediate and appropriate response. This response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved. All employees have a duty to warn and are responsible for notifying management of any threat that they witness or receive or that they are told another person witnessed or received. Even without a specific threat, all employees should report any behavior they have witnessed that they regard potentially threatening or violent or which could endanger the health or safety of an employee when the behavior has been carried out on a Town -controlled site or is connected to Town employment or Town business. This includes, for example, threats or acts of violence, aggressive behavior, offensive acts, discussion of bringing weapons into the workplace, threatening or offensive comments or remarks, and the like. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. The organization understands the sensitivity of the information requested and has developed confidentiality procedures that recognize and respect the privacy of the reporting employee. 32 Town of Fountain Hills Personnel Policies SECTION: RECORDS POLICY: CONFIDENTIALITY AND EMPLOYEE RECORDS POLICY NO: 301 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines for release of information and access to employee records. SCOPE: Town employees have a right to expect that their personal information will be held in strictest confidence and that only authorized persons will have access to the information. Regardless of the position for which an employee was hired, they are entrusted with the responsibility to maintain fellow worker's rights to confidentiality. The release of any information to unauthorized individuals is a breach of this policy and will be cause for disciplinary action up to and including termination. Access to the personnel files of Town employees are controlled as follows: 1. The employee may examine their personnel file in the Human Resources Office at reasonable times upon reasonable notice. 2. The immediate supervisor or Department Head may examine, in the Human Resources Office upon reasonable notice, the personnel file of any employee under their supervision or being considered for a position under their supervision. 3. The Town Manager may examine any employee's personnel file at any time. 4. Any individual who has written authorization from the employee to review the personnel file may do so (e.g. officials of an agency to which the employee has applied). 5. An employee's personnel file may be examined upon request by an investigator of a state or federal law enforcement agency with a valid legal reason for such examination. 6. An employee's personnel file may be duly subpoenaed in a legal action. 7. The home addresses and telephone numbers of Town employees are not public information and will not be released without the written consent of the employee. Pursuant to A.R.S. §39-121 et. seq., any person may request to examine or be furnished copies of any public record. The Town of Fountain Hills' policy prohibits the disclosure of confidential personal information about an employee without the employee's written consent. The Human Resources Administrator will release an employee's personnel file for viewing for production to outside sources only after a review t has been performed on the file to ensure that any confidential information such as birth date, SSN, home address, home phone number, spouse/dependent and medical information is redacted to the extent legally required prior to viewing it. 33 Town of Fountain Hills Personnel Policies SECTION: RECORDS POLICY: PERSONNEL RECORD KEEPING POLICY NO: 302 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish procedures for the creation and maintenance of personnel records for the Town. STATEMENT OF POLICY: An official personnel file is established and maintained for each employee upon hire. These files are housed in the Human Resources office and are the property of the Town. Official personnel records include, but are not limited to: Application forms; performance appraisals; written corrective action forms or memoranda; employee status forms; training records; documents relating to certification/licensure; formal commendations; benefit forms; tax forms; and payroll records. Background/reference checks; interview notes; and medical records are maintained separately. EEOC self - identification forms and I-9 forms should also be maintained in a separate file. Employees may inspect their official personnel file at reasonable times upon reasonable notice in accordance with Policy 301. SCOPE: This policy applies to all employees and all personnel records. 34 Town of Fountain Hills Personnel Policies SECTION: RECORDS POLICY: PERFORMANCE EVALUATION POLICY NO: 303 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a system of periodic evaluation of the work performance of Town employees. STATEMENT OF POLICY: The performance evaluation is an essential and effective communication tool in the management of the Town's workforce. Performance management, of which the evaluation process is an integral part, is at the core of productivity and the quality of service provided for the citizens of the Town of Fountain Hills. The performance evaluation provides direction for individual and group staff development. SCOPE: An employee may be reviewed at any time, but a formal performance evaluation is done at least once annually. Introductory employees are reviewed prior to the end of their designated introductory period with a recommendation for regular status, introductory rejection, or extension of the introductory period. Every full-time Town employee will normally receive a formal written evaluation of work performance for the twelve (12) month period preceding the designated evaluation date of their current employment with the Town. Part-time employees will not receive a formal written evaluation of work performance until they have completed a minimum of 1040 hours. Performance evaluations will be made on the forms provided by the Human Resources office and will be completed and delivered to the Human Resources office no later than ten (10) working days after the evaluation due date. New employees will receive a performance evaluation prior to the completion of their designated introductory employment period. These reviews will take place regardless of whether the employee is eligible for a pay increase. A performance evaluation is not necessarily linked with a salary increase. Employee self -evaluations may be completed, but are not required and are strictly voluntary. Performance evaluations are completed by the employee's supervisor. All performance reviews will be reviewed and signed by the Supervisor, Department Head, and the Human Resources Administrator prior to the performance review conference taking place with the employee. The Employee Status Change form with the recommended salary increase, if any, must also be reviewed and signed by the Supervisor, Department Head, Human Resources Administrator, and Town Managerrp for to the performance review conference taking place with the employee. These signatures signify agreement with the contents of the performance evaluation, as well as format and thoroughness. After discussion, the employee signs the evaluation to confirm that an opportunity for review was provided. Refusal of the employee to sign does not invalidate the evaluation. The employee is given a copy of the evaluation and all original performance review forms are maintained in the employee's personnel file location in the Human Resources office. Supervisors are strongly encouraged to keep employees aware of their level of performance through the normal managerial coaching process so that the performance evaluation itself is merely a formalization of what both the employee and the supervisor already know about the employee's performance and about their development needs and desires. When an employee is away from work due to a leave of absence greater than thirty consecutive working days, the employee's review date will be extended accordingly. 35 Town of Fountain Hills Personnel Policies SECTION: RECORDS POLICY: JOB DESCRIPTIONS POLICY NO: 304 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a job evaluation program that provides a systematic and equitable method of evaluating all jobs within the Town of Fountain Hills. STATEMENT OF POLICY: A job description is a formal document describing the nature, scope, physical requirements, and responsibilities of a specific job within the organization. Job descriptions are used for purposes of training and development, annual performance appraisals, promotions, recruiting, and hiring. Job descriptions are prepared by the incumbent employee, supervisor, and the department director, with final review by the Town Manager and Human Resources, and approval by the Town Council. SCOPE: Human Resources or the Town Manager's designee is responsible for: 1. Administering the overall job description program; 2. Providing the necessary training, instructional materials, and assistance to employees, supervisors, and department directors; 3. Monitoring job descriptions for proper format; 4. Maintaining a central file of all current job descriptions; 5. Ensuring that all positions have a job description. Supervisors and department directors are responsible for reviewing and approving job descriptions for their areas; 6. Reviewing job descriptions on an ongoing basis to ensure their accuracy. All jobs within the organization must be evaluated and assigned a job grade and classification in accordance with Policy 601 and 701. All new positions must be evaluated and approved before the job can be posted. When the duties of a job change significantly, it may be necessary to reevaluate the job's classification. The Town Manager has the discretion to require employees to work outside their job description as deemed appropriate under the circumstances. The Town Manager may require workgroups to cross -train and redeploy across departments, divisions, or sections in order to ensure essential functions are completed. In some cases, contractors or part-time employees will be hired on a temporary basis to fulfill essential service requirements. In these instances, provisions will be made to allow for temporary access to Town resources (door badges, access to shared physical and digital files, etc.) as necessary. 36 Town of Fountain Hills Personnel Policies SECTION: HEALTH AND WELFARE POLICY: DRUG AND ALCOHOL ABUSE AND TESTING — ALL EMPLOYEES POLICY NO: 401 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: The Town is committed to maintaining a Drug Free Workplace that is safe, healthy and productive work environment for all employees free from the effects of substance abuse. Abuse of alcohol, drugs, or controlled substances impairs employee judgment, resulting in increased safety risks, injuries, and faulty decision making. SCOPE: This policy applies to all Town employees and all applicants who have received conditional offers of employment with the Town in a "safety sensitive" position. RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and documentation of the Drug and Alcohol Abuse and Testing — All Employees Policy for the Town of Fountain Hills. All Town personnel with supervisory responsibility will have knowledge of and be responsible for the communication, enforcement, and adherence to this policy. POLICY: To ensure a safe and productive work environment the Town prohibits the use, sale, dispensation, manufacture, distribution or possession of alcohol, drugs, controlled substances, medical marijuana, or drug paraphernalia on any Town premises or work sites. This prohibition includes Town -owned vehicles, or personal vehicles being used for Town business and/or parked on Town property. Additionally, the Town may take disciplinary action, including discharge, for the illegal (under federal or state law) off-duty use, sale, dispensation, manufacture, distribution, or possession of drugs and controlled substances and the illegal use or distribution of alcohol. No employee shall report to work or be at work with alcohol or with any detectable amount of prohibited drugs in the employee's system or otherwise be impaired. A detectable amount refers to the standards generally used in workplace drug and alcohol testing. Medical Marijuana. Subject to its designation of Safety -Sensitive Positions, the Town will not not make employment decisions relating to a medical marijuana cardholder, based solely on their status as a cardholder or solely upon a positive drug test for marijuana. However, cardholders may be disciplined or terminated if impaired while at work, or if the employee possesses or uses marijuana while at work. Signs of impairment include but are not limited to: red, bloodshot eyes; dilated pupils; poor concentration; impaired perception of time; loss of energy; impaired perception of distance; abnormal or erratic behavior; slow and deliberate responses; slow reflexes; incoherent speech; odor; and impaired balance or coordination. Additionally, if the Town would lose a monetary or licensing benefit under federal law or regulation, including the Drug-free Workplace Act, the Town will enforce its drug policy regardless of an employee's status as an Arizona medical marijuana registered cardholder. 37 When an employee must take prescription or over-the-counter drugs, the employee must ask the medical professional or pharmacist if the drug has any side effects which may impair the employee's ability to safely or productively perform the employee's job duties. If there is potential impairment of the employee's ability to work safely or productively, the employee must report this information to the supervisor. With input from the employee, the Town will determine if the employee should work in their regular job, be temporarily assigned to another job, or placed off work. Furthermore, if the Town has designated a position as safety -sensitive and the Town has a good faith belief that the employee is using any drug, whether legal, decriminalized, or prescribed by a physician, that could cause an impairment while working, or otherwise impact the employee's job performance or ability to perform job duties, then the Town may take appropriate action to exclude the employee from the safety -sensitive position. For instance, the Town may assign the employee to another job or place the employee off work. Any violation of this policy will result in disciplinary action up to and including termination. EMPLOYEE AND APPLICANT DRUG AND ALCOHOL TESTING To promote a safe and productive workplace, the Town will conduct the following types of Drug and Alcohol testing as described below: A. Post-Offer/Pre-Employment B. Reasonable Suspicion C. Post -accident D. Return-to-Duty/Follow-up Testing CATEGORIES OF EMPLOYEE SUBSTANCE TESTING A. Post-Offer/Pre-Employment Testing: All persons seeking employment with the Town in a position designated as "safety -sensitive" shall undergo post -offer drug testing on or around the time employment commences. Applicants will be informed that as a condition of employment they must pass a drug screening test. 2. Applicants who test positive will be notified that they have not met the standards for employment and will be informed they can have the confirmed positive test re -tested by a government certified lab selected by the applicant. B. Reasonable Suspicion Testing: An employee will be asked to submit to drug and alcohol testing when the Town reasonably suspects the employee is impaired or has used illegal drugs. Reasonable suspicion testing may result from one of the following examples, and is not limited to the following: a. Specific, personal, and articulable observations concerning the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, or irrational or unusual behavior. b. The employee's negligence or carelessness in operating equipment, machinery or production or manufacturing processes; disregard for the safety of the employee or others; involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, or any injury to the employee or others. c. Violation of a safety rule or other unsafe work incident which, after further investigation of the employee's behavior, leads the supervisor/manager to believe that the employee's functioning is impaired. d. Other physical, circumstantial, or contemporaneous indicators of impairment. 2. When a supervisor/manager has reasonable suspicion to request testing, the supervisor/manager will arrange to transport the employee to the collection site and will arrange for the employee's transport home. 3. The Town will place the employee on a leave pending the receipt of drug testing. If the results of the testing are negative, upon return to work, the employee shall be paid for the leave. However, if the results of the testing are positive, employee will not receive pay for the leave. C. Post -accident Testing: An employee must submit to a drug and alcohol test after an on-the-job accident, including workplace injuries. 1. An accident for purposes of this policy is defined as an incident or occurrence in which: a. A person dies or requires medical treatment. b. Property damage is estimated at greater than $250. c. The accident involves use of a Town vehicle. d. The accident involves an employee in a personal vehicle accident while on the job. 2. An employee who is involved in an accident must immediately report the accident to their supervisor/manager. 3. When a supervisor/manager observes or is notified of an accident as defined in #1 above, the supervisor/manager will initiate drug and alcohol testing. The supervisor/manager will order the employee to submit to a urine and/or breath test. The supervisor/manager will arrange to transport the employee to the collection site and will arrange for the employee's transport home. 4. The Town will place the employee on leave pending the receipt of drug testing. The employee shall be paid for the leave if the testing results are negative. The employee will not be paid for the leave if the results are positive. D. Return to Duty/Follow-up Testing If the Town elects to allow an employee to return to work following a positive test result, the employee must first pass a drug and alcohol test and subsequently submit to a program of unannounced testing for a period of not more than 12 months from the date of return to duty. M THE KINDS OF SUBSTANCES TESTED MAY INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING SUBSTANCES OR THEIR METABOLITES A. Marijuana B. Cocaine C. Opiates D. Phencyclidine (PCP) E. Amphetamines F. Alcohol INSPECTION AND SEARCHES The Town may conduct unannounced inspection for violations of this policy in the workplace, work sites, or Town premises. Employees are expected to cooperate during any inspection. VOLUNTARY TREATMENT The Town supports sound treatment efforts. Whenever practical, the Town will assist employees in overcoming drug and/or alcohol problems as long as this policy has not already been violated. If an employee seeks treatment for drug and/or alcohol use, the employee may be eligible to go into a drug and/or alcohol treatment program either through The Town medical insurance program or at their own expense. If the employee enters an appropriate treatment program, The Town may place the employee on unpaid status', but the employee will be required to use any accrued vacation time and sick leave" while participating in the program, so long as the employee is complying with the conditions of treatment. The Town can require a release to work and/or verification that the employee has successfully completed the entire rehabilitation, treatment, and/or counseling program treatment from the health care provider. More information regarding availability of treatment resources and possible insurance coverage for treatment services is available from the Human Resources Department. The employee may also be required to pass a retest, at the employee's expense, before returning to work upon completion of such rehabilitation, treatment, and/or counseling. The employee may also be subject to periodic retesting after return from leave. SAFEGUARDS/CONFIDENTIALITY All drug tests are performed by a government -certified outside laboratory. All government -certified outside laboratories strictly follow chain of custody guidelines to ensure the integrity of the testing process. If the results of the initial test are positive, that is, if the results exceed the permitted levels for any of the drugs tested or for alcohol, a second confirmatory test shall be performed. Only specimens that are confirmed positive on the second (confirmatory) test are reported as positive for review and analysis. Human Resources will contact the employee in the case of a positive test result. An applicant or employee who does not pass a drug test may request that the original sample be analyzed again at the individual's expense by a government certified laboratory. All requests for an independent analysis must be made in writing within 72 hours of notification of a confirmed positive test result. Each applicant or employee will have an opportunity to discuss the test results in a confidential setting. The Town will keep the test results confidential and will share the results only within the Town on a business need to know basis, in administrative law proceedings, and/or when required by law. iI Each applicant or employee upon their written request may be provided with a written copy of the positive test result. Upon written request within seven days of taking the test, an employee may access records relating to his drug and/or alcohol test. DISCIPLINARY ACTION A. Testing Positive Employees who test positive for drugs and/or alcohol are in violation of this policy. B. Refusal to Comply Employees who refuse required testing are in violation of this policy. C. Interference with Testing Employees who adulterate, tamper with, or otherwise interfere with accurate testing are in violation of this policy. D. Any employee who has been observed using or possessing illegal drugs, medical marijuana, or alcohol during work time, including lunch breaks, or on Town premises is in violation of this policy. Assistance The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes that early intervention and support improve the success of rehabilitation. To support its employees, the Town drug-free workplace policy: Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Offers all eligible employees and their family members assistance with alcohol and drug problems through the Employee Assistance Program (EAP). If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects your work performance or results in a violation of this policy. If you need assistance in seeking this help, you may contact the Employee Assistance Program (EAP). There is no adverse treatment against an employee for voluntarily undertaking rehabilitation (as opposed to being impaired in the workplace or failing a drug test which do have adverse consequences). Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. For an employee who is permitted to seek treatment after a failed drug test, the employee shall not be permitted to return to work until they have successfully completed the entire rehabilitation, treatment, and/or counselling program and only for so long as the employee successfully remains in any aftercare program recommended by the rehabilitation, treatment, and/or counselling program. The employee shall also be required to pass a retest, at the employee's expense, before returning to work upon completion of such !VI rehabilitation, treatment, and/or counselling. The employee may also be subject to periodic retesting after return from leave. Shared Responsibility A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to report to work unimpaired in a drug free state. In addition, employees are encouraged to: Be concerned about working in a safe environment. Support fellow workers in seeking help. Use the Employee Assistance Program. Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: Inform employees of the drug-free workplace policy. Observe employee performance. Investigate reports of dangerous practices. Document negative changes and problems in performance. Counsel employees as to expected performance improvement. Refer employees to the Employee Assistance Program. Clearly state consequences of policy violations. Communication Communicating the drug-free workplace policy to both supervisors and employees is critical to its success. To ensure all employees are aware of their role in supporting our drug-free workplace program: All employees will receive a written copy of the policy. The policy will be reviewed in orientation sessions with new employees. EXHIBIT 401-A DRUG & ALCOHOL ABUSE — ALL EMPLOYEES POLICY ACKNOWLEDGMENT I acknowledge that I have received a copy of the Drug & Alcohol Abuse — All Employees Policy of the Town of Fountain Hills. I further understand that it is my obligation to read and that compliance with the rules and provisions contained within the Policy is a condition of continued employment with the Town. I understand that this policy in no way implies, infers, or guarantees my continued employment for any definite term and that I may be non -selected for hire, disciplined, and/or discharged by the Town for other reasons than failing to follow the terms of the Policy. 31 Town of Fountain Hills Personnel Policies SECTION: HEALTH AND WELFARE POLICY: DRUG AND ALCOHOL ABUSE AND TESTING — EMPLOYEES REQUIRED TO MAINTAIN A VALID COMMERCIAL DRIVER'S LICENSE POLICY NO: 402 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To establish a drug-free workplace and a drug and alcohol testing program conducted in accordance with state and federal law, including Department of Transportation regulations applicable only to certain Town employees. SCOPE: This policy applies only to those Town employees and prospective Town employees whose positions require the possession of a valid commercial driver's license ("CDL"). For purposes of this policy, a Town employee is covered by DOT regulations as those regulations relate to the employee's fitness -for -duty and use of alcohol prior to going on duty, while on duty, or while operating or having physical control of a commercial motor vehicle. DOT testing for controlled substances under this policy requires that employees abstain from the use of controlled substances at any time or risk violating DOT regulations prohibiting the presence of controlled substances in their body. For purposes of this policy, the term "controlled substances" means marijuana, cocaine, amphetamines (including ecstasy and analogous drugs), opiates, and phencyclidine (PCP). Under this policy performing a safety sensitive function means all of the time after an employee begins to work or is required to be ready to work until the time the employee is relieved from work and all responsibility for performing work. Safety -sensitive functions include: (1) All time spent at Town facilities, property, or any other public property, waiting to be dispatched, unless the employee has been relieved from duty by the Town; (2) All time inspecting equipment as required by the law or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All time spent at the driving controls of a commercial motor vehicle in operation; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth; (5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. When an employee must take prescription or over -the counter drugs, the employee must ask the medical professional or pharmacist if the drug has any side effects which may impair the employee's ability to safely or productively perform the employee's job duties. If there is the potential impairment of the employee's ability to work safely or productively, the employee must report this information to the supervisor. With input from the employee, the Town will determine if the employee should work in his regular job, be temporarily assigned to another job or placed off work. RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and documentation of the Drug and Alcohol Abuse Policy for the Town of Fountain Hills. All Town personnel with supervisory responsibility will have knowledge of and be responsible for the communication, enforcement, and adherence to this policy. POLICY: The Town is committed to protecting the safety, health and well-being of all employees and other individuals in the workplace. The Town recognizes that alcohol abuse and drug use pose a significant threat to its goals. Therefore, the Town has established a drug-free workplace program that balances its respect for individuals with the need to maintain an alcohol and drug-free environment. The Town encourages employees to voluntarily seek help with drug and alcohol problems. In order to further these objections, the Town requires that all Town employees covered by this Policy comply with the following: 1. No employee shall unlawfully manufacture, use, possess, or distribute controlled substances. 2. No employee shall report for work, perform any safety -sensitive functions or, while in the employ of the Town, have at any time, any controlled substance present in their body. Presence of controlled substances will be determined by testing performed as described in this policy. 3. No employee shall perform safety -sensitive functions within 4 hours after consuming alcohol. 4. No employee shall consume alcohol while performing safety -sensitive functions. 5. No employee shall possess alcohol while on duty. 6. No employee shall report to work or perform safety -sensitive functions while having an alcohol concentration of .02 or greater. Employee alcohol concentration will be determined by testing performed as described in this policy. 7. No employee shall leave the scene of an accident, without a valid reason, before arranging to have both a controlled substance and alcohol test performed. 8. No employee shall consume alcohol after an accident unless 8 hours have expired, the employee has been tested or the Town has determined that the employee's performance could not have contributed to the accident, whichever occurs first. 9. No employee shall refuse to take a required test. Any violation of this policy will result in discipline up to and including termination under the Town's independent authority, as provided for by the DOT. An employee who tests positive for marijuana is in violation of this Policy, even if the employee is an Arizona medical marijuana registered cardholder. Be advised that a positive drug test for marijuana constitutes a violation of this Policy and may lead to your termination. For more information, please speak your supervisor and/or Human Resources. Employees who adulterate or otherwise interfere with accurate testing required pursuant to this policy are in violation of this policy. Any employee who has been observed using or possessing controlled substances or alcohol during work time, including lunch breaks, or on Town property, is in violation of this policy. M The Town will not hire applicants who test positive for controlled substances. The Town will provide to any employee who violates a DOT drug and alcohol regulation a listing of Substance Abuse Professionals readily available to the employee. Minimum Consequences of Violation as Mandated by D.O.T. If an employee tests positive for a controlled substance or has an alcohol concentration of .02 or greater, the employee will be removed from safety -sensitive functions. To be eligible to return to work after testing at an alcohol concentration of .02 to .039, the employee must be off-duty for at least 24 hours. Pursuant to the Town's independent authority, employee testing between 0.02 and 0.039 may be subjected to discipline up to and including termination. To be eligible to return to work after a positive controlled substance test or test indicating an alcohol concentration of .04 or greater, the employee must be evaluated by a Substance Abuse Professional (SAP). If the SAP determines that additional treatment is necessary, the employee must complete such treatment. In addition, the employee will be subject to follow-up testing. The above consequences are minimum requirements as set out by the D.O.T. Compliance with the above does not guarantee an employee will be returned to work following a violation of this policy. Employees will be subject to disciplinary action up to and including termination for violation of this policy, regardless of eligibility to return to work under the DOT regulations. Before an employee returns to duty requiring the performance of a safety -sensitive function after violating the alcohol or controlled substance provisions outlined by DOT, the employee shall undergo a return -to -duty test with a result indicating a verified negative result. PROCEDURES: TESTING: General For the purpose of ensuring compliance with the Federal Department of Transportation regulations and this policy, applicants for safety -sensitive positions and employees who perform safety -sensitive functions will be subject to controlled substance and alcohol screening under the circumstances described below. Applicants and employees are required to submit to testing in the following circumstances as a condition of their employment. Post-Offer/Pre-Employment Testing Applicants for Town positions that require possession of a valid commercial driver's license that are deemed by the Town to be "safety -sensitive" undergo a test for the presence of controlled substances post -offer and on or about the time employment commences. Under no circumstances may an employee perform a safety - sensitive function until a confirmed negative result is received. Applicants who refuse to submit to testing will not be hired. Testing for Current Emnlovees 1. Post -Accident Testing we Any employee involved in an accident in which a fatality occurs must immediately submit to a controlled substance and an alcohol test. Any employee who receives a citation for a moving traffic violation must immediately submit to a controlled substance test, and an alcohol test if, (a) the accident results in a fatality, or bodily injury to a person who must immediately receive medical treatment away from the scene, or (b) one or more of the vehicles involved is towed from the scene. An employee will not be allowed to return to work until a confirmed negative test result is received. The Town will place the employee on a paid leave pending the receipt the of drug testing results. 2. Reasonable Suspicion Testing An employee will be required to submit to controlled substance or alcohol test upon reasonable suspicion. Reasonable suspicion means that the actions, appearance or conduct of the employee on duty are indicative of the use and/or presence in the employee's body of a controlled substance or alcohol. Reasonable suspicion is based on specific, contemporaneous, articulable observations concerning the appearance behavior, speech or body odors of the employee. An employee will not be allowed to return to work until a confirmed negative test result is received. The Town will place the employee on a paid leave pending the receipt of drug testing results. 3. Random Testing Employees will be subject to controlled substance testing and alcohol testing at any time on a random basis as a term and condition of holding an employee position. Upon being notified of selection, the employee must immediately proceed to the testing site. Random testing will be spread reasonably throughout the year and will be unannounced to ensure that no employee receives advanced knowledge of the time of testing. All employees will have an equal chance of being selected each time a random selection is made number of controlled substances tests conducted annually shall equal or exceed 50 percent of the number of employee positions subject to testing. The number of alcohol tests conducted annually shall equal or exceed 10 percent of the number of employee positions subject to testing. An employee shall only be tested for alcohol while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. 4. Follow -Up and Return to Duty Any employee who has been required to or voluntarily undergoes rehabilitation for substance abuse must submit to a drug test and receive a confirmed negative test result and an alcohol test (with a result of less than .02) before returning to work. In addition, the employee will be subject to follow-up testing not to exceed 60 months following the employee's return to work. TESTING PROCEDURES 1. Controlled Substances WA Controlled substance screening shall be conducted in a laboratory certified by the Department of Health and Human Services (DHHS) and in accordance with the Procedures for Transportation Workplace Drug Testing Programs. All controlled substance screening includes split sampling which provides that a urine sample be split into two separate containers. Precautions shall be taken to ensure that the specimen is not adulterated or diluted during the collection procedure and that the information on the sample matches the information on the custody and control form. Dilute test results will be treated as follows: Dilute positives are treated as a verified positive test; Dilute negatives with the creatinine concentration equal to or greater than 2 mg,/dL but less than or equal to 5 mg/dL will be retested under direct observation. A second dilute negative result will be treated as a negative test result; Dilute negatives with the creatinine concentration greater than 5 mg/dL will be retested. A second dilute negative result will be treated as a negative test result unless the MRO directs the Town to retest under direct observation. The substance screen will test for the following drugs - marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP) and ecstasy. Any positive initial test will be confirmed by a gas chromatography/mass spectrometry (GC/MS) test. The Town shall employ a Medical Review Officer (MRO) who will receive the laboratory results of the testing procedure. The MRO shall be a licensed physician and have knowledge of substance abuse disorders and appropriate medical training to evaluate positive test results, medical history, and any other relevant biomedical information. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall also review all specimens which are found to be adulterated or substituted specimens. In the instances of an adulterated or substituted specimen, the MRO will provide the employee an opportunity to present a legitimate medical explanation. If no legitimate medical explanation is provided, the MRO will report the verified adulterated or substituted specimen to the Town. The Town will consider the verified adulterated or substituted specimen as a refusal to test and immediately remove the employee from performing safety sensitive functions. The employee may then be subjected to the disciplinary action under the Town's independent authority. The MRO will be the sole custodian of the individual test results. The Medical Review Officer will advise the Town only of whether the test results were negative or positive. After receiving notification of a verified positive test, an adulterated or substituted specimen, an employee may request that the split sample be analyzed.. Such a request must be made within 72 hours of notification of the verified positive test. If such a request is made, the sample will be tested at another DHHS certified laboratory, at the employee's expense. Upon written request within 7 days of a verified positive test, the employee may obtain copies of any records pertaining to their controlled substance tests. Each applicant or employee will have an opportunity to discuss the test results with a representative of the employer in a confidential setting. The Town will keep the test results confidential and will share the results only within the Town on a business need to know basis, in administrative law proceedings, and when required by law. M Alcohol Testing Alcohol testing shall be conducted by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). The employee will provide a breath sample. If an employee's alcohol concentration is greater than .02, a second, confirmation test will be performed. I;73Olif,111111111KIN 3uI110111111*111leM This provision regarding the refusal to submit to testing excludes applicants for employment. Refusal to submit to testing is a violation of this policy. Any Employee refusing to submit to testing will be referred to a Substance Abuse Professional and will face appropriate disciplinary action. The following behaviors constitute a refusal: Refusal to submit is defined as: a. refusal to appear for testing, b. failure to remain at the testing site until the testing process is complete, C. failure to provide a urine specimen, d. in instances of observed or monitored collection, failure to allow observation or monitoring, e. refusal to sign the testing form, f. failure to provide adequate breath, g. failure to take a second test as directed, h. otherwise fail to cooperate in the testing process, i. perform any actions which prevent the completion of the test, j. a test result reported by the MRO as a verified adulterated or substituted test, k. inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation, 1. failure to undergo a medical examination or evaluation when directed, In. tampering with, attempting to adulterate, adulteration or substitution of the specimen, or interference with the collection procedure, n. not reporting to the collection site in the time allotted, o. leaving the scene of an accident without a valid reason before the tests have been conducted. ASSISTANCE The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes that early intervention and support improve the success of rehabilitation. To support its employees, the Town drug-free workplace policy: Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Offers all eligible employees and their family members assistance with alcohol and drug problems through the Employee Assistance Program (EAP). If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects your work performance or results in a violation of this policy. If you need assistance in seeking this help, you may contact the Employee Assistance Program (EAP). No one will be discriminated against for undertaking rehabilitation. Me Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. Confidentiality All information received by the Town through the drug-free workplace program is confidential communication and will be maintained in separate confidential records. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Tested employees have the right to obtain their written test results if they request them. 50 �TAIN o � L'S7: 1989 that isp4 EXHIBIT 402-A ACKNOWLEDGMENT AND RECEIPT DRUG & ALCOHOL ABUSE — EMPLOYEES REQUIRED TO MAINTAIN A VALID COMMERCIAL DRIVER'S LICENSE POLICY I have received a copy of the Town's Drug and Alcohol Abuse and Testing — Employees Required to Maintain a Valid Commercial Driver's License Policy. I further acknowledge that I understand it is my obligation to read and that compliance with the rules and provisions contained within the Policy is a condition of continued employment with the Town. Employee's Printed Name Employee's Signature Date I understand that this policy in no way implies, infers, or guarantees my continued employment for any defmite term and that I may be non -selected for hire, disciplined, and/or discharged by the Town for other reasons than failing to follow the terms of the Policy. Employee 51 Date Town of Fountain Hills Personnel Policies SECTION: HEALTH & WELFARE POLICY: SMOKE-FREE WORKPLACE POLICY NO: 403 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish a policy concerning smoking in the workplace. STATEMENT OF POLICY: The Town of Fountain Hills strives to maintain a healthy environment for its employees and customers. Smoke is recognized as a carcinogen and is to be eliminated from work areas. All Town buildings and vehicles are designated as smoke-free. All Town buildings will be signed to state that smoking is not permitted. The Town Manager, Department Heads and supervisors will ensure that there is no smoking in Town buildings and vehicles. 52 Town of Fountain Hills Personnel Policies SECTION: HEALTH & WELFARE POLICY: WEAPONS POLICY NO: 404 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a policy concerning weapons in the workplace. STATEMENT OF POLICY: Despite some laws that allow people to carry firearms in public, except as provided below, the Town of Fountain Hills prohibits anyone from possessing or carrying weapons of any kind on Town property, in Town owned vehicles, or during working hours. This includes: Any form of weapon or explosive All firearms; and All illegal knives or knives with blades that are more than six (6) inches in length If an employee is unsure whether an item is covered by this policy, please contact Human Resources. Employees are responsible for making sure that any item they possess is not prohibited by this policy. Police officers, security guards, and other individuals who have been given consent by the organization to carry a weapon on the property will be allowed to do so. Pursuant to Arizona law, employees may have a firearm that is lawfully possessed stored in a locked vehicle so long as such firearm is not visible from outside of the vehicle. This policy does not apply to Town vehicles. No firearms or weapons of any kind may be transported or stored in Town vehicles. 53 Town of Fountain Hills Personnel Policies SECTION: HEALTH & WELFARE POLICY: ON-THE-JOB INJURY AND ILLNESS POLICY NO: 405 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish procedures to be followed when an employee is injured at the workplace. SCOPE: All employees. STATEMENT OF POLICY: The Town provides a comprehensive workers' compensation insurance program to its employees. This program does not cost the employee anything. The workers' compensation program covers injuries or illnesses that might happen during the course of employment that require medical, surgical, or hospital treatment. There are well-defined provisions that must be met to ensure that employees qualify for workers' compensation benefits. Workers' compensation covers only work-related injuries and illnesses. Generally, neither the Town nor its insurance carrier will pay workers' compensation benefits for any injuries that might happen if an employee voluntarily participates in an off-duty recreational, social, or athletic activity. PROCEDURE: Employees must tell their supervisors immediately about any work-related injury or illness, regardless of how minor it might seem at the time. Prompt reporting helps to make sure that employees qualify for coverage as quickly as possible and lets the Town investigate the matter promptly. 1. Work-related injury or illness should be reported in writing within 24 hours to the employee's supervisor. 2. A physician approved by Human Resources must treat the injured employee on a first visit. Medical attention should be sought from a medical facility providing occupational health services for the Town and the employee, or another person on behalf of the employee, should inform the medical facility that the employee is employed by the Town. 3. The employee should provide physicians' statements, including releases to return to work and modifications required, to Human Resources. An employee who fails to return to work after being released by an approved physician will be considered to have resigned and will be terminated. 4. An employee who is receiving workers' compensation benefits may use sick leave to make up the difference between the workers' compensation payments and current hourly rate of pay. If the employee has exhausted sick leave, then they may use vacation time to make up the difference between the workers' compensation payments and current hourly rate of pay. Employees shall not be permitted to utilize sick or vacation time in such a way that would compensate the employee with an amount greater than their current hourly rate of pay. If an employee uses sick or vacation time to make up the difference between compensation received through workers' compensation and the employee's current hourly rate, it shall be the responsibility of the supervisor to record the appropriate time on the biweekly time sheet. 54 Town of Fountain Hills Personnel Policies SECTION: HEALTH & WELFARE POLICY: TEMPORARY MODIFIED DUTY POLICY NO: 406 EFFECTIVE: October 7, 2004 REVISED: The Town of Fountain Hills is committed to providing work, when possible, for employees who have been restricted by a health care provider. Such work will be provided subject to availability. Work will be assigned due to the nature of the injury or illness and the limitations set forth by the treating physician. Every effort will be made to place employees in positions within their own departments, but if necessary, employees will be placed wherever an appropriate position is available. While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees who are placed outside their department will continue to have their salary charged to their regular department. Employees on temporary modified duty must furnish a written update of their medical condition to their supervisor and the Human Resources Administrator from the treating physician after each visit in order to remain in the reassigned job. Temporary modified duty assignments are limited to a period of 90 days, subject to review. It is not intended to accommodate employees with non -temporary disabilities. Being placed on a temporary modified duty assignment does not excuse an employee from following all rules and regulations. 55 Town of Fountain Hills Personnel Policies SECTION: HEALTH & WELFARE POLICY: DISABILITY & ACCOMMODATIONS POLICY NO: 407 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To define the Town's position on reasonable accommodations for qualified individuals with disabilities and for employees whose work requirements interfere with a religious belief. STATEMENT OF POLICY: The Town of Fountain Hills is committed to complying fully with the Americans with Disabilities Act, as amended, (ADA) and state law concerning the employment rights of qualified persons with disabilities. It is the policy of the Town to conduct all employment practices and activities on a non-discriminatory basis. The Town will make reasonable accommodation to the known physical or mental disabilities of qualified applicants or employees unless doing so would result in an undue hardship to the Town or cause a direct threat to health or safety. The Town will also make reasonable accommodations for employees whose work requirements interfere with a religious belief, unless doing so poses an undue hardship on the Town or causes a direct threat to health or safety. Examples of undue hardship would include if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. PROCEDURES: An applicant or employee who requests an accommodation should submit a Request for Accommodation Form (See Exhibit 407-A) to the ADA Coordinator. The applicant or employee may be required to provide medical documentation of their disability and of the effectiveness of the accommodation sought. The Town may also require a medical examination to assist in assessing the existence of a disability and the effectiveness of accommodations. The determination of whether an accommodation will be provided will be made by the ADA Coordinator, following consultation with the applicant or employee and the supervisor (See Exhibit 407-B) and with Town legal counsel if deemed necessary. An employee or applicant who fails to provide requested information or otherwise fails to engage in the interactive process of assessing the existence of a disability and the necessity, availability, and effectiveness of an accommodation will be deemed to have withdrawn any request for accommodation. Any employee who is not satisfied with the response to an accommodation request should let the ADA Coordinator know and should work together with the ADA Coordinator to identify reasonable accommodation. Implementation: The Human Resources Administrator is the ADA Coordinator and is responsible for implementing this policy. Specific responsibilities may be delegated to other management, administration, or supervisors. W, Medical Records: The Town will maintain any employee health information in a confidential file separate from the personnel file. The health file will be accessible only on a need -to -know basis. Supervisory employees and employees with any first aid or safety duties may be informed of any medical conditions that may require emergency treatment, and all such information shall be kept confidential by those informed. Medical Exams: Post -offer, fitness for duty, and other medical exams that serve a legitimate business interest may be required. In evaluating whether an employee or applicant is able to perform the essential functions of the job, an individualized analysis will be conducted based upon information reasonably available, including information from the employee or applicant, health care providers (if any were consulted), the employee's or applicant's personal physician or health care provider, if the employee or applicant provides such information to the Town, and any other pertinent information. Similarly, an individualized analysis will be conducted based on the same types of information to determine whether an employee or applicant would pose a direct threat in the job. 57 TOWN OF FOUNTAIN HILLS ADA Accommodation request EXHIBIT 407-A In order to complete this form, you will need to discuss the essential functions of your job with your supervisor. You may also contact Human Resources if you have questions or need information about the ADA or the process for requesting reasonable accommodation. Employee Information Name Job Title Department Division Telephone Email Supervisor's Name Supervisor's Telephone Describe how your condition affects your ability to perform a major life activity and whether you use any mitigating measures (medication, assistive technologies such as wheelchairs, etc.). Which major life activity(s) is/are most significantly affected? Examples of major life activities are: seeing, hearing, breathing, walking, smelling, care for yourself, thinking, concentrating or working. 2. Describe how your condition limits your ability to perform the essential functions of your job. Identify the essential functions affected and be specific about how the medical condition impairs your ability in each instance. 3. Describe the accommodation you are requesting. 4. Explain how the accommodations you are requesting will enable you to perform the essential functions of your job. Be Specific. 5. Will you be able to perform all of the essential functions of your job if you receive the requested accommodation? If not, describe the specific functions you will not be able to perform. 6. Do you need assistance to identify accommodations that will enable you to perform the essential functions of your job? If you do, explain what type of assistance you need. 7. Provide any information or suggestion you can on how the requested accommodations(s) can be provided. If known, include the names, addresses and telephone numbers of vendors and the model number and approximate cost of any equipment requested. Employee Name (Please print) Work Telephone Signature M Date TOWN OF FOUNTAIN HILLS RESPONSE TO REQUEST FOR ACCOMMODATION PURSUANT TO TOWN OF FOUNTAIN HILLS' DISABILITY ACCOMMODATION POLICY Employee's Name: Department: Position: Supervisor: Today's Date: I have considered your Request for Accommodation dated following determination: Your request will be granted effective implemented as follows: I have determined no accommodation is required because: EXHIBIT 407-B and have made the and will be Your requested accommodation is not reasonable and poses an undue hardship on the Town because: •1 Your requested accommodation will not be granted, but the following accommodation will be provided: Please note: The Town of Fountain Hills is committed to working with you to determine whether there is any reasonable accommodation that will enable you to perform your job and will not pose an undue hardship to the Town. Please let me know as soon as possible if you have an idea for a different form of accommodation or if anything about our accommodation process needs to be discussed further. Sincerely, ADA Coordinator Please note the Town of Fountain Hills is not obligated to offer an accommodation for every physical or medical condition, but only under certain circumstances and for conditions that constitute "disabilities" as defined in state and federal law. Nonetheless, the Town reserves the right, within its judgment, to offer accommodations to employees who may not have such a disability. Granting any accommodation should not be considered an expression of the Town's belief as to the existence or non-existence of an employee's disability. 61 Town of Fountain Hills Personnel Policies SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS POLICY: RECRUITMENT POLICY NO: 501 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines to fill vacant positions. SCOPE: Selection techniques used by the Town are intended to be impartial, practical, job-related, and consistent with business necessity. The examinations used may include, but are not necessarily limited to, oral, written, performance, physical/mental fitness, and training/experience evaluations. In addition, evaluation of past work performance, work samples, personal interviews, and background investigations may be used in the selection process. PROCEDURE: Recruitment for positions shall occur in the following order: 1. Permission shall be obtained by Department Heads from the Town Manager to initiate recruitment proceedings. 2. Recruitment shall be advertised as the Town Manager deems advisable. 3. All hiring decisions of the Town Manager shall be final. 4. All applications, resumes, interview forms, recruitment information and process information shall be retained by the Town in accordance with State of Arizona retention laws. Application Process Applicants are expected to submit a completed Town of Fountain Hills online application form. Failure to complete the online application form may result in disqualification. Completed applications become the property of the Town of Fountain Hills and are not returned to applicants. If an applicant needs an accommodation in order to submit a Town application form, they should notify Human Resources. Any application may be rejected for reasons including, but not limited to: 1. The applicant appears not to possess the qualifying experience and training required for the position. 2. The applicant has made any misstatement of any material fact. 3. The applicant has practiced any deception or fraud in their application. The Town Manager may abbreviate the recruitment process up to and including direct appointment, for positions that report directly to the Town Manager, only in circumstances where both the Human Resources Head and Town Manager approve of, and recommend the appointment. 62 Town of Fountain Hills Personnel Policies SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS POLICY: BACKGROUND CHECKS POLICY NO: 502 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a policy concerning background checks. STATEMENT OF POLICY: All employees applying for any position with the Town of Fountain Hills will be subject to reference checks with former employers and/or managers. Unless required by law, reference checks will not be shared with the potential employee. The position an individual applies for and the information they give during the interview process will determine which contingencies may apply to an offer of employment. Individuals, who claim to have certain educational credentials, either in writing or in an interview, are subject to verification. Any individual offered a position that has responsibility for initiating or affecting financial transactions may be required to submit to a credit check. These responsibilities could include, among other things, collecting or handling cash or checks, writing checks or approving them, access to a direct money stream, or being a fiduciary to the organization. Any employee subject to a credit check will be provided with written notices required under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. ("FCRA"). The Town will obtain the applicant or employee's consent, in writing, to the procurement of the report. If the report is used as the basis for adverse employment action, the employer must do the following. For purposes of this section, "adverse action" means any decision that "adversely affects" the applicant, including without limitation a denial of employment to an applicant. Any potential employees who will be driving a Town vehicle or driving their personal vehicles on Town business will be subject to an inspection of their Motor Vehicle Records annually. Depending on the job requirements, some employees may have to comply with the Department of Transportation requirements for a Commercial Driver's License. All potential employees are subject to a criminal background check. Only individuals in Human Resources, who are authorized to do so, may initiate or receive a criminal background check. Information gained from any of the above background checks will be held in confidence and shared with management individuals only on a need -to -know basis, unless the law otherwise requires. 63 Town of Fountain Hills Personnel Policies SECTION: CLASSIFICATION POLICY: EXEMPT/NON-EXEMPT EMPLOYEE CLASSIFICATIONS POLICY NO: 601 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines that ensure that all Town employees are classified in compliance with the Fair Labor Standards Act (FLSA) and state law. SCOPE: The Town of Fountain Hills takes appropriate action to ensure compliance with the FLSA and state law. All employees are identified as exempt from coverage or non-exempt from coverage as provided by law and in accordance with prescribed FLSA guidelines. EXEMPT — Employee positions with the Town that are not eligible for overtime pay. Exempt employees must be paid on a salary basis. This means exempt employees will regularly receive a predetermined amount of compensation each pay period on a weekly basis that shall ordinarily not be subject to reduction because of variations in the quality or quantity of work performed. The Town is committed to complying with salary basis requirements which allows properly authorized deductions. If an exempt Town employee believes an improper deduction has been made to their salary or that their salary has been improperly docked, they should immediately report this information to their supervisor and/or Human Resources. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed. NON-EXEMPT — Employee positions with the Town that are eligible for overtime pay. Positions within the Town may be changed from one category to another as the requirements of the law change or as the nature and scope of duties and responsibilities of a particular job change. Existing and newly established positions will be evaluated and assigned to the appropriate category by Human Resources. OVERTIME COMPENSATION The primary implication of assignment of a particular position to either exempt or non-exempt status pursuant to the Fair Labor Standards Act involves determination of eligibility for overtime compensation. 1. Non-exempt Overtime compensation for non-exempt employees is paid at the rate of one and one-half the regularly hourly wage. The rules for overtime are as follows: Overtime must be scheduled and approved by an employee's immediate supervisor. No overtime may be worked without such advance approval, and failure to obtain approval before working overtime may result in —1 discipline, up to and including dismissal. If you believe that an assigned task requires overtime hours for timely completion, it is your responsibility affirmatively to bring this to the attention of your supervisor. The Town generally compensates for overtime through the payment at a rate of one -and one-half hour for each hour of work for which overtime compensation would be required. Holiday time will be included as time worked in the computation of overtime. Sick time, vacation time, personal time, standby time, jury duty, military leave, bereavement leave, etc., are not counted toward hours worked during a week. Thus, for example, the circumstance may arise where an employee may be paid for more than (40) forty hours during any given workweek and not be entitled to receive overtime compensation. 2. Exempt Employees whose work meets established criteria may be classified as exempt. Situations in which exempt employees are required to work more than forty hours shall not normally result in additional compensation. Exempt Town employees generally need not use accrued leave for absences of four (4) consecutive hours or less in a workday. However, in order to promote public accountability, and notwithstanding any other provisions of these Personnel Policies or any other Town policy, all exempt (i.e., salaried) Town employees are required to use available accrued leave during absences of more than four (4) consecutive hours unless approval is given by the Town Manager, or from a designated Acting Town Manager. 65 Town of Fountain Hills Personnel Policies 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: All Town employees 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 consistently scheduled, for less than forty (40) hours per week, 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 whose 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. •: Town of Fountain Hills Personnel Policies SECTION: CLASSIFICATION POLICY: CALL-BACK PAY POLICY NO: 603 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish conditions under which Town employees are eligible to receive compensation for providing emergency type services during nonscheduled work hours. STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may receive compensation in the form of Call -Back Pay for hours worked outside of normally scheduled work hours. SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform emergency type services to protect public safety and property outside of non-scheduled work hours. PROCEDURE: 1. Eligibility a. Call Back Pay applies to FLSA non-exempt Town employees who are called back to work outside of their regularly scheduled hours for emergency type work. b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Call - Back Pay. 2. Assignment Call Back Pay does not apply when: a. The employee is still on the clock and additional work is assigned that will extend their regular workday, in which case normal overtime may apply. b. The employee works overtime hours that were planned in advance (i.e. scheduled overtime). c. The employee requests the opportunity to work additional hours outside of their normal scheduled shift, in which case normal overtime may apply. d. The employee's call-back hours overlap their regular work schedule as a result of the employee's request to leave work early, thereby substituting the time worked for their regularly scheduled shift. These hours are not considered call-back, but are compensated as regular hours worked. 3. Compensation a. An employee who is called back to work to perform services, will be compensated for a minimum of two (2) hours or for the amount of time worked, whichever is greater. 67 b. Travel time to and from the work site is not compensable under Call Back Pay status; only hours actually worked. c. An employee shall not be considered on more than one (1) Call -Back Pay status at any given time. d. Subsequent calls received to perform services within two (2) hours of the start time of the initial call, will be compensated as an extension of the initial call; not as a new call with another two (2) hour minimum. Example 1: First call received at 9:00 am First call completed at 9:30 am Second call received at 9:50 am Second call completed at 10:30 am In Example 1, the employee will be compensated for two (2) hours The second call was received within the two (2) hour window of the first call. Therefore, the second call will be compensated as an extension of the first call received. Example 2: First call received at 9:00 am First call completed at 9:30 am Second call received at 11:15 am Second call completed at 12:00 pm In Example 2, the employee will be compensated for four (4) hours. The second call was received two (2) hours and fifteen (15) minutes after the initial first call. Therefore, the second call will be compensated as a separate additional call with the two (2) hour minimum applicable to both calls. Example 3: First call received at 9:00 am First call completed at 9:30 am Second call received at 10:00 am Second call completed at 12:30 pm Third call received at 1:00 pm Third call completed at 2:00 pm In Example 3, the employee will be compensated for five (5) hours and thirty (30) minutes. The second call was received within the two (2) hour window of the first call. The second call will be compensated as an extension of the first call received. However, the third call was four (4) hours after the initial first call. The third call will be compensated as a separate additional call with the two (2) hour minimum applicable. Payment for call-back hours will be made on regularly scheduled pay days and will not be paid in advance. Town of Fountain Hills Personnel Policies SECTION: CLASSIFICATION POLICY: STAND-BY DUTY (ON-CALL) POLICY NO: 604 EFFECTIVE: April 20, 2009 REVISED: April 20, 2018 PURPOSE: To establish a Town -wide policy for Stand-by Duty that acknowledges and compensates employees for emergency type services during non-scheduled work hours for which an employee remains available to respond. STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may be required to be placed on stand-by for duty. SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform or coordinate emergency type services to protect public safety and property during non-scheduled work hours. PROCEDURE: 1. Eligibility: a. Stand-by Duty is restricted to those employees qualified to perform specialized emergency services. b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Stand- by Duty Pay. c. In cases of Town emergency or need, employees may be contacted to work during their off hours. Employees who are called in, and are not on Stand-by Duty status, are not eligible for Stand-by Duty Pay. These hours will be calculated under Call-back Pay status. 2. Assignment: a. The responsible Department Supervisor shall maintain a stand-by roster of qualified personnel (capable of performing specialized emergency services that may be required) to serve on Stand-by Duty. b. Stand-by duty shall be allocated fairly amongst qualified employees as follows: i. First — on a rotational basis, qualified employees who volunteer to be put on Stand -By Duty. ii. Second — If there is an insufficient number of qualified employees to volunteer, qualified staff members will be assigned to cover required hours on a rotational basis. c. Stand -By Duty shall be scheduled and assigned in advance. We d. While assigned to Stand -By Duty employees shall maintain a physical readiness to respond to emergency call situations and be capable of performing safety -sensitive functions. e. While assigned to Stand -By Duty employees shall maintain a physical proximity to the applicable Department building that allows for no more than a thirty (30) minute response time for call to duty. f. Employees while assigned to Stand -By Duty shall remain accessible at all times by pager and/or by telephone. g. Exchanging Stand -By Duty assignments — Employees may exchange stand-by weeks/days assignments with supervisory approval. h. Subject to meeting the above obligations, employees on stand-by are free to go about their normal day-to-day activities. 3. Compensation a. Stand-by Duty employees will be paid one (1) hour of pay for each regular scheduled workday and two (2) hours of pay for each non-scheduled workday while on-call. These hours begin after the completion of the workday and continue until resuming work the following workday. Employees are not eligible for on-call pay during hours that they are scheduled to work (including weekends and holidays). Employees are not eligible for on-call pay unless they have been formally scheduled for coverage. Typically, no more than one employee per service area should be scheduled for an on-call assignment. b. An employee on Stand -By Duty, who is called to perform services, will be compensated for a minimum of two (2) hours at 1.5 times their hourly rate. Of Town of Fountain Hills Personnel Policies SECTION: CLASSIFICATION POLICY: JOB SHARING POLICY NO: 605 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish conditions under which Town employees are eligible to work in a job share position. STATEMENT OF POLICY: In order to accommodate the needs of our employees, the Town of Fountain Hills will permit some employees in specific positions to job share. The supervisor and Human Resources will determine whether a specific job may be effectively performed by two individuals and whether both individuals can effectively work in a job sharing arrangement. SCOPE: Many positions within the Town, by their very nature, cannot be shared. For example, positions that require the supervision of other employees usually cannot be shared since it is an integral part of the position for the supervisor to establish a one-on-one coaching relationship to assist employees in their growth and development. PROCEDURE: If the supervisor identifies a position deemed conducive to job sharing, the supervisor should meet with the department director, then Human Resources in order to be aware of job share logistics and benefit eligibility consequences (See "Eligibility for Benefits" #901). Human Resources, the department director, supervisor and employees should be clear on: 1. The hours and days each employee must be present in the workplace; 2. The work equipment that will be necessary for the employees to job -share; 3. The performance expectations; 4. The reporting requirements for each job under the j ob-sharing arrangement; 5. Holiday compensation; and 6. Usage of leave. The Town of Fountain Hills reserves the right to revise or rescind this arrangement at its sole discretion. 71 Town of Fountain Hills Personnel Policies SECTION: WAGE AND SALARY ADMINISTRATION POLICY: WAGE AND SALARY ADMINISTRATION POLICY NO: 701 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a policy governing the creation and maintenance of a wage and salary plan for Town positions. STATEMENT OF POLICY: The Human Resources Administrator, with approval from the Town Manager, develops, maintains, and modifies, as necessary, a non-discriminatory, uniform and equitable wage and salary plan. SCOPE: The wage and salary plan applies to all Town positions that have been approved and budgeted by the Town Council, with the exception of Elected Officials. PROCEDURE: Town positions are allocated to a class, or group of positions having similar duties, levels of skill, and responsibilities based on the position descriptions developed within each department. The group of positions allocated to a common class is then assigned a single pay range within the Town's compensation plan. Department Heads shall be responsible for informing the Human Resources Administrator in writing of changes in a position's duties/responsibilities in their office or department that might possibly affect the classification of such a position. The Human Resources Administrator may initiate a classification review to update and modify classification specifications or any component of the classification as is deemed necessary. Reclassifications A reclassification may occur when a position or group of positions and/or classification have undergone a significant change in the type, difficulty, or degree of responsibility entailed in the work performed within that position. Such a situation may result in the assignment of classification to a higher, lower, or similar classification based on the type of changes which have occurred. A reclassification is only appropriate on a Town or department -wide basis. The concept of reclassification will not be used to circumvent promotions into a higher job classification. If any Department Head desires that a position be reviewed for a possible reclassification, they will forward a request to the Human Resources Administrator, including the following information: A memo stating what factors or duties of the position have changed, the reason for change, and the potential impact of the reclassification, if any, on other positions. 72 Upon receipt of the above documentation, the Human Resources Administrator shall review the information provided. Additional information and/or a position audit may also be required. Following the position review, the Human Resources Administrator shall evaluate the position and determine the proper class allocation A reclassification may result in one of four actions: (1) no change; (2) a change in classification with no change made to pay grade; (3) change in pay grade upward; (4) change in pay grade downward. If a classification action results in a change in pay grade, the corresponding change in the incumbent's salary will be to the new grade at their current pay rate or at entry level of the new grade, whichever is higher. If a classification results in a change of range upward, the requesting department will be responsible for funding the increase to include additional funds that are necessary in the budget request for subsequent increases. Requests for any additional funding in current or future budget years must be transmitted to the Finance Department for review and forwarding to the Town Manager for action by the Town Council as may be required. Effective dates for classification changes will follow conclusion of a classification review/study and shall not be made on a retroactive basis. Development of New Job Positions and/or Classifications The Town's position/classification system strives to be responsive to organizational and environmental changes. The Human Resources Department will assist with the revision of position/classification specifications and the development of new position/classification specifications within the broad class concept as necessary to meet the on-going operational requirements of the Town. Job Evaluation Job evaluation is a system used to determine the relationship of each job relative to all other jobs in the Town without regard to the incumbent in the position. The Town Manager is responsible for selecting the method of job evaluation. Pay Structure The Human Resources Administrator is responsible for establishing a pay structure, as approved by the Town Council, based upon job evaluation results. Each position is assigned a pay range and advancement within the pay range shall be contingent upon the available funds and budget requirements of the Town and based upon the employee's performance. Starting Pay Initial appointment to a position shall be made at the minimum salary level for the position unless the Town Manager determines that entry at a higher level is desirable for a particular applicant. This decision shall be based on the outstanding and unusual character of the applicant's experience, education, and ability over and above the normal minimum qualifications specified for the position. Promotions Employees may be promoted up to the starting salary range of the applicable position. If the employee is already being paid more than the starting salary range of the new position a promotional increase may be given at the discretion of the Town. All promotional appointments require written Town Manager approval. 73 Transfers/Demotions A transfer is defined as a change in the assignment of an employee from one position to another position in the same range of pay. An employee who is transferred will be compensated at the same rate as for their previous position. A demotion is defined as a move to a job in a lower salary grade. An employee who is demoted either voluntarily or as a disciplinary measure will be compensated at the equivalent rate on the new pay range. Equity Adjustments An equity adjustment is a discretionary adjustment to an employee's pay outside of the Town's normal salary programs (e.g., reclassifications, promotions, merits, COLAs, etc.) to remedy pay issues such as external pressure in high demand areas, internal salary compression, retention considerations, and other, similar issues. Equity adjustments are not granted to reward performance. Procedure: A. A request for an equity review may be initiated by a Department Director by submitting an Equity Review Request to Human Resources. The request shall include reasons why the request fits this adjustment category as opposed to other categories such as reclassification, promotion, COLA, and why the equity review is warranted. If a previous request was submitted within the past two years, the request shall identify specific conditions that have changed since the previous request. B. After receiving a request for an equity review, Human Resources will identify other positions performing similar work and compare the qualifications, experience and education of incumbents and evaluate the compensation to assure equity in pay and compliance with this policy. Such review shall be completed as soon as practicable. C. As part of the equity review, Human Resources will also take into consideration the employee's pay factors including, but not limited to: Merit and Cost of Living Increases for the position(s) being considered; Comparison of positions within the employee's Department; Relative value to the organization; Unique job responsibilities Pay for similar duties and responsibilities at comparable public entities within the State of Arizona. D. Human Resources shall make a recommendation as to whether an equity adjustment is appropriate based upon the information gathered. Any recommendation for an equity adjustment shall not go outside of the salary range for the position. E. An equity review that results in a pay increase may be retroactively applied, depending on factors including the Town's Annual Budget and fiscal year, but in no case shall such retroactive application extend beyond the beginning of the current fiscal year during which the equity review was completed. Any request for review that results in a decrease in pay shall be effective upon completion of the equity review. F. The Human Resources Department will submit a recommendation for equity adjustments to the Town Manager. 74 G. The Town Manager shall be responsible for making a final determination as to whether the equity adjustment will be made. This decision by the Town Manager is final and not appealable. H. The Department Director requesting such review and any employees impacted by the review shall be notified in writing of the determination. Merit Increases Such an increase is an award for employee performance that meets or exceeds standards set by the Department and evaluated on the Town performance appraisal form. Merit increases shall not be granted if the increase would cause the individual to exceed the maximum pay established in the Pay Plan (refer to annual budget). It shall be the responsibility of the Town Manager or Department Head to ensure that employees receive performance evaluations at the appropriate intervals for the purpose of merit increases. The evaluation is required regardless of a change in supervisory personnel. 1. The first merit increase eligibility date shall follow successful completion of an employee's original introductory period. 2. The date that an employee attains regular status in the class by successful completion of the introductory period becomes the employee's annual evaluation date, which shall be the date the employee shall be eligible for future annual merit consideration. 3. On the date that an employee successfully completes a promotional introductory period in a new class, the employee may be eligible for merit consideration and that date becomes the employee's new evaluation date. 4. Evaluation date and merit eligibility may also be affected by terms of demotion or reduction in classification due to layoff. 5. Absence of an employee on authorized leave without pay for more than 30 calendar days during a promotional introductory period shall result in extension of the promotional introductory period by an equivalent amount. 6. If the necessary documentation has not been completed in a timely fashion to allow for the granting of a merit increase on the first pay period falling on or after the evaluation date, the employee will receive the increase retroactive to the date upon which they were eligible. 7. Merit increases are dependent on the availability of funds as determined by the Town's Annual Budget. Cost of Living Adjustments Cost of living adjustments may be given with the approval of the Town Council. Cost of living adjustments are not automatic and are based upon the Town's ability to fund such increases. An employee whose job classification is in the Pay Plan is to be eligible for a cost of living adjustment for the fiscal year authorized by the Town Council. Cost of living adjustments shall not be granted if the increase would cause the individual to exceed the maximum pay established for their class. 75 Town of Fountain Hills Personnel Policies SECTION: WAGE AND SALARY ADMINISTRATION POLICY: PAY PERIOD AND WORKWEEK POLICY NO: 702 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To identify the Town's Pay Periods and established Workweek. STATEMENT OF POLICY: The pay for all Town employees is based in part on the Town's workweek PROCEDURE: Workweek The Town's Workweek begins on Monday at 12:00 AM and ends on Sunday at 11:59 PM. Pay Period Town employees are paid based upon the services rendered over two (2) Town Workweeks. Employees are paid bi-weekly, typically on Thursdays. New employees should be advised by their supervisor when they can expect to receive their first payroll check. Due to payroll processing time, all hours worked by employees through the Sunday prior to the payroll date will typically be included on the payroll check for that pay period. SCOPE: This Policy applies to all Town employees. 76 Town of Fountain Hills Personnel Policies SECTION: INTRODUCTORY PERIOD POLICY: INTRODUCTORY EMPLOYMENT PERIOD POLICY NO: 801 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 the Town of Fountain Hills Personnel Policies relating to notices required before demotion, suspension, or dismissal of a regular status employee shall not apply to employees in their introductory period of employment. Informal communication and feedback is encouraged throughout an introductory period so that the employee will have clear expectations and an opportunity to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the immediate supervisor and Department Head. At 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 formal introductory performance evaluations by the supervisor, 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 full-time employees, is defined as the first six (6) months. Introductory period for part-time employees is defined as the first 1,040 hours worked. PROCEDURE: Introductory Periods 1. Initial Introductory Period: All full- 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 consideration for a merit increase based on performance. Merit increases will only be awarded to as Town budget dollars are appropriated. All employees hired after July 1, 2017 are eligible to begin utilizing accrued Paid Sick Time on the 90`h calendar day after commencing employment with the Town, in accordance with the Arizona Fair Wages and Healthy Families Act. Full- and Part -Time, Regularly -Scheduled employees are eligible to begin utilizing accrued vacation or other leave as applicable, after satisfying their initial introductory period. 77 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. Demotion Introductory Period: A demotion is defined as the movement of an employee to a position in a lower salary grade than the one presently assigned to, and one for which the new duties and responsibilities are significantly decreased in nature and scope. Employees will be placed in an introductory period following the effective date of their demotion with a time frame as defined above. Employees shall be provided written notice of the introductory period. A demoted employee who successfully completes a demotion introductory period is not eligible for merit increase consideration at the conclusion of the period. The Regular Status of an employee serving a demotion introductory period shall not be affected. However, an employee demoted for disciplinary reasons, who unsuccessfully completes a demotion introductory period, shall be dismissed. Failure to meet the requirements of the position to which the employee is demoted or to successfully complete the demotion introductory period shall constitute a sufficient factual basis for further discipline, up to and including termination. 4. Lateral Transfer Introductory Period: A lateral transfer is defined as the movement of an employee to a position in the same salary grade as the one presently assigned. Employees will be placed in an introductory period following the effective date of their transfer with a time frame as defined above. Employees shall be provided written notice of the introductory period. A formal performance evaluation will be conducted documenting the conclusion of this introductory period and become part of the employee's official record in the Human Resources Department. A laterally transferred employee who successfully completes an introductory period is not eligible for merit increase consideration at the conclusion of the period. A laterally transferred employee whose performance falls below acceptable levels at the end of their introductory period may be returned to their former position or another similar position for which they qualify, if vacant. 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 introductory periods. 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 taken (e.g., vacation, personal, etc.) during the introductory period (with the exception of sick leave) or while drawing compensation under Workers' Compensation that is in excess of five (5) consecutive calendar days shall not be credited toward an employee's introductory period. Instead, the employee's introductory period shall be extended for a length of time equal to the length of leave 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. V& Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: ELIGIBILITY FOR BENEFITS POLICY NO: 901 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 An employee's eligibility to participate in the benefits program is determined by the following classifications: FULL-TIME REGULARLY -SCHEDULED employees are eligible for all benefits currently offered by the Town. PART-TIME REGULARLY SCHEDULED employees are eligible for some but not all of the benefits currently offered by the Town. PART-TIME NON -REGULARLY SCHEDULED, TEMPORARY, OR SEASONAL employees are currently only eligible for sick leave benefits (See Policy 903 "Sick Leave — Part -Time Non -Regularly Scheduled, Temporary, Seasonal and Other Employees") unless otherwise required by federal, state, or local law. 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"). 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 employee paychecks as applicable. :1 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: SICK LEAVE — FULL-TIME AND PART-TIME REGULARLY SCHEDULED EMPLOYEES POLICY NO: 902 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 paid -status hours. Part-time regularly scheduled employees are also eligible to earn proportional sick leave for paid -status hours. (See policies 602 "Employee Classifications" and 901 "Eligibility for Benefits"). PROCEDURE: Upon hire, all Full -Time Town employees and Part -Time, Regularly -Scheduled 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. Eligible part-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 is permitted during the initial introductory employment period with the Town. Accumulation of sick leave shall not exceed 1040 hours at any time. Time off in excess of hours accrued may be deducted first from vacation days if available, and thereafter will be uncompensated. 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 eligible part-time 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 actual hours worked as well as leave taken under the Town's Vacation, Sick Leave, Holiday, and other paid leave policies. 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: Regardless of age, a 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, A 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, A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision; A 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 (3) or more consecutive work days, the employee may be 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. 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 documentation) and not complying with the authorization requirements above. Employees will be permitted to use sick time in incremented units of one-half (1/2) hour or more, in any one day. Sick time shall not be advanced to an employee 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 Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. Upon retirement, Full- and Part -Time, Regularly -Scheduled employees with 10+ years of continuous service will 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. Sick leave will not be paid out under any other circumstances. Refer to Policy 901 "Eligibility for Benefits" and Policy 602 "Employee Classifications" for clarification on eligibility. 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. Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: SICK LEAVE — PART-TIME NON -REGULARLY -SCHEDULED, TEMPORARY, SEASONAL, AND OTHER EMPLOYEES POLICY NO: 903 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 the Arizona Fair Wages and Healthy Families Act and reflected in this 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. 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 —1 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, A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision. 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 workdays, the employee may be 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 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 Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. Employees may not exceed the 40 hours paid sick time in any given year. 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. :• Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: VACATION LEAVE POLICY NO: 904 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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, regularly scheduled employees accrue vacation leave at a proportional rate up to the maximum accrual rate of full-time employees (based on 40 hours per work week). Part-time, non -regularly scheduled, temporary, or seasonal employees do not earn vacation leave. (See "Eligibility for Benefits" Policy 901 and "Employee Classifications" Policy 602). The amount of vacation time employees are eligible to receive each year increases with the length of their employment. Vacation time begins 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 a proportional amount of vacation leave relative to the accrual of full-time employees (based on 40 hours per work week). ACCRUAL RATE MAXIMUMS & OVERALL MAXIMUMS — ELIGIBLE EMPLOYEES (Based on 40 Hours per Work Week): Length of Service Maximum Hours per Pay Overall Maximum Period / Year Start date through completion of 3 d year 4.00/104 208 4th year through completion of 7th year 5.00/130 260 8th year through completion of 10th year 6.00/156 312 11th year through completion of 15th year 7.00/182 364 16 + Years 8.00/208 416 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. :l 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. The "Overall Maximum" column in the table represents a fixed amount and will not vary with actual amount of hours worked. All vacation leave is to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or the supervisor's designee. It is the responsibility of the employee to schedule their vacation time in compliance with departmental workloads and needs. Requests for vacation time should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave, or may have their scheduled vacation leave postponed, when deemed necessary by the department director. When an employee is recalled from vacation leave, the employee's vacation leave will be rescheduled to the earliest convenient time. Employees will be permitted to use vacation leave in incremented units of one-half (1/2) hour or more, in any one day. Vacation time shall not be advanced to an employee nor may vacation time be transferred between employees. Vacation time 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 balance, the vacation time must be used before any unpaid time off is approved. Vacation hours must be used for sick leave if accrued sick leave hours have been exhausted. Vacation hours will not count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation, the employee will not be charged with vacation hours for the holiday, but will be paid for the holiday at the appropriate holiday rate. Separation of Employment Accrued but unused vacation leave hours will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leave accrued during the initial introductory employment period will not be compensated if separation occurs during the initial introductory period. Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: HOLIDAYS POLICY NO: 905 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To provide a policy for Town employees setting forth paid holidays and to implement a system to increase the flexibility for employees to utilize their holiday compensation. STATEMENT OF POLICY: The annual holiday leave bank for each Full -Time, employee is 80 hours. Part- time, regularly -scheduled employees are not subject to the holiday leave bank; however, these employees will receive Holiday compensation for the number of hours they were originally scheduled to work if a designated holiday falls on one of those days. Part -Time, Non -Regularly scheduled employees do not receive Holiday compensation unless they work on the designated Holiday. The Town of Fountain Hills observes holidays as identified below: 1. New Year's Day 2. Martin Luther King, Jr/Civil Rights Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 SCOPE: When any of the holidays listed above falls on a Sunday, the following Monday shall be observed as a holiday; if any such holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. For staff members on a seven-day standard workweek schedule, a holiday falling on a Saturday or Sunday is observed on that day. On any other day or part of a day during which the Town shall be closed by special proclamation of the Mayor, with the approval of the Town Council, employees shall be eligible for holiday pay if they are normally scheduled to work that day. ACCUMULATION OF HOLIDAY LEAVE: a. The annual holiday leave bank for each Full -Time, Regularly Scheduled employee is 80 hours. For purposes of this policy, the holiday will be defined as the 24 hour period (12:00 AM — 11:59 PM) on the designated holiday. Eligible part-time employees normally scheduled to work on a day that falls on a designated holiday shall be compensated with holiday pay for the number of hours they are normally at scheduled to work on such days. Temporary, seasonal and other non -regularly -scheduled employees are not eligible for holiday compensation unless they work on the designated holiday. b. The leave banks will be populated during the first payroll in January. New hires will receive a prorated number of hours based upon their hire date. USE OF HOLIDAY LEAVE: a. If a designated holiday falls on a scheduled work day, employees will be required to use their holiday leave to cover their scheduled work hours. Employees required to work on a designated holiday due to business need, or who are not scheduled to work on a designated holiday, will not be required to utilize their holiday leave. If an employee works a partial day, they shall utilize holiday bank hours to cover hours not worked. Any holiday leave hours not used for designated Town holidays shall be considered floating holiday leave. b. Floating holiday leave shall be approved to be used at such a time that is mutually agreeable to the employee and the employee's supervisor. Holiday leave will not be available for use on an unplanned or call-in basis. c. Holiday leave must be used in full day increments, unless you work a partial day on a designated holiday. A full day will be considered the number of hours scheduled for the day that the leave was taken (e.g. employee was scheduled to work ten hours on a holiday, ten hours of holiday pay would be utilized). In the event that the employee does not have enough holiday hours in her/his bank to cover a full day's absence, vacation hours will be used to make up the difference. d. In the event that a non-exempt employee does not have either holiday hours or vacation hours to cover a designated holiday, they will not be paid for that holiday. e. Holiday hours must be used by December 31 of each year or will be forfeited. There will be no "cash out" or carryover of holiday hours. f. All holiday hours not taken prior to the last day of employment with the Town shall be forfeited. HOLIDAY COMPENSATION: a. Holiday hours will count toward hours worked for purposes of overtime for hourly employees. b. In the event an employee is on paid leave when a holiday occurs, the employee shall receive no pay in addition to holiday pay. Therefore, the employee shall not be charged with applicable paid leave time (i.e. vacation or sick leave) for that day. c. An employee must be in an authorized paid status on the working day immediately preceding the holiday and the working day immediately following the holiday in order to receive pay for the particular holiday. d. Non-exempt employees required to work on a scheduled holiday will be paid holiday pay plus their regular rate of pay for each hour worked (equals 2X their regular hourly rate of pay). .1 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: PERSONAL LEAVE (OPTIONAL) POLICY NO: 906 EFFECTIVE: December 17, 2015 REVISED: April 20, 2018 PURPOSE: To provide for personal leave for Town employees. SCOPE: This policy applies to all Full -Time, Regularly -Scheduled Town employees. STATEMENT OF POLICY: Full -Time, Regularly -Scheduled Town employees hired before July 1st are eligible for thirty (30) hours of personal leave time during their first calendar year of employment and 30 hours each year thereafter. Full -Time, Regularly -Scheduled Town employees hired after July 1st but before October 1 are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and thirty (30) hours of personal leave time each year thereafter. Full -Time, Regularly -Scheduled Town employees hired on or after October 1 st do not receive any personal leave time within the balance of the calendar year, but are eligible to receive thirty (30) hours of personal leave time each year thereafter. Personal leave time must be scheduled in advance whenever possible and approved by the employee's supervisor. 91 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: FAMILY & MEDICAL LEAVE ACT (FMLA) POLICY NO: 907 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Town shall provide Family and Medical Leave in accordance with the federal Family and Medical Leave Act ("FMLA"), as summarized below. This policy is intended to summarize the material terms of the FMLA, and not to create an independent policy in addition to the FMLA. Any conflict between this policy and procedure and the terms of the FMLA is inadvertent and the terms of the FMLA shall govern. FMLA is available to employees with at least twelve (12) months of service and who have worked at least 1,250 hours within the preceding 12 -month period. If eligible, an employee may be able to take up to twelve (12) weeks of unpaid leave during the calendar year (based on a 12 -month rolling calendar) for the following reasons: The birth of a child or to care for a child within the first 12 months after birth: The placement of a child with the employee for adoption or foster care within the first 12 months of placement; To care for an immediate family member who has a serious health condition; or For a serious health condition that makes the employee unable to perform the functions of their position. Where the need for leave is foreseeable for the birth or placement of a child, or for planned medical treatment, the employee must provide at least thirty days' notice before the leave is to begin if possible, or such notice as is "practicable." Medical certification will be required if the leave request is for the employee's own serious health condition or to care for a family member's serious health condition. Failure to provide the requested medical certification in a timely manner may result in denial of the leave until it is provided. Because the Town wishes to ensure the well-being of all employees, any employees returning from FMLA for their own serious health condition will need to provide a Fitness for Duty statement signed by their treating physician. An employee failing to provide a Fitness for Duty statement will not be permitted to resume work until it is provided. Qualifying FMLA leave will not be counted as an absence under the organization's attendance policy. The Town of Fountain Hills will maintain health care benefits for the employee while on FMLA leave, but the employee is responsible for paying the normal monthly contribution. If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the Town for the cost of premiums paid for maintaining coverage during the leave period if not previously paid by the employee. All other benefits cease to accrue during the unpaid portion of the leave. Employees must use any accumulated sick, vacation, or personal time to the extent available during this leave period, unless such leave is covered under Workers' Compensation, in which case the employee may only use accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored 92 to their original or an equivalent position. If an employee fails to return at the end of the FMLA leave, the employee will be considered to have voluntarily resigned their position with the Town of Fountain Hills. If the employee and their spouse both work for the Town of Fountain Hills, they are both eligible for leave. In cases other than the employee's own serious health condition, the total leave period for the employee and the employee spouse may be limited to 12 weeks total (combined). It may be medically necessary for some employees to use intermittent FMLA leave. The organization will work with employees to arrange reduced work scheduled or leaves of absence in order to care for a family member's serious medical condition or their own serious medical condition. Leave because of the birth or adoption of a child must be completed within the 12 month period beginning on the date of birth or placement of the child. It may not be taken intermittently without special permission from Human Resources. All but "key" employees will be reinstated to their job, or a substantially equivalent position, at the expiration of leave and upon the presentation of a fitness for duty certificate (unless they would have lost their job in any event for any other reason, such as layoff). "Key" employees, who may be reinstated to their job, are salaried employees who are among the highest paid 10 percent of all the employees employed by the Town. Upon conclusion of 12 weeks, FMLA leave is no longer available. An employee may requests an extension of medical leave beyond the 12 -week period because of their own serious medical condition by submitting medical certification. The Town of Fountain Hills will review such requests on a case-by-case basis in order to determine whether it can reasonably accommodate such a request. 93 Exhibit 907-A Family and Medical Leave Request/Notification Employee Name (Last, First, MI) Security Number Department Work Telephone Dates of Leave Actual Anticipated From To Reason for Leave (check all that apply) Birth of my child or care for my newborn child or placement of my child for adoption or foster care. To care for my spouse, child or parent with a serious health condition. Intermittent Reduced Work Schedule Full-time Leave A serious health problem which makes me unable to work. Intermittent Reduced Work Schedule Full-time Leave Describe the medical necessity for intermittent or reduced work schedule. Describe when time off or what change in work schedule will be required. I hereby certify that all of the statements contained herein are true to the best of my knowledge. I understand that omissions or misuse of this law may cause rejection of my leave request and/or disciplinary action. Employee's Signature Date EMPLOYEE - DO NOT WRITE BELOW THIS LINE Eligibility Verification by the Supervisor On all requests for FMLA - Within 2 days verify with payroll and the Human Resources Office that the employee has been employed by the Town for 12 months, worked 1250 hours in the last year, and the number of hours of FMLA that have been taken in the preceding 12 months from the effective date of this request does not exceed 12 weeks. If ineligible, sign and return to employee. If eligible, sign and forward to appropriate authority for final signature. Eligible for weeks in accordance with this request. Ineligible Insufficient months of work FMLA entitlement exhausted for the 12 month period. within 12 months. Will be eligible: Verifying Authority Signature Insufficient hours of work weeks of FMLA have been taken Date Human Resources Office - I have reviewed medical documentation submitted and find the health condition described therein to meet the requirements for approval of FMLA. (Within 2 days forward the FMLA Request to the Town Manager for signature.) Personnel Liaison Signature Date Final Acknowledgement Approved Disapproved Town Manager's Signature Date Distribution: Original - Employee Medical File Copy — Employee 95 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: EXEMPT LEAVE POLICY NO: 908 EFFECTIVE: January 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish the Exempt Leave benefit for salaried employees in positions that are exempt under the Fair Labor Standards Act (exempt employees), to provide a definition of the Exempt Leave benefit, and describe how Exempt Leave should be administered, for eligible employees. SCOPE: Exempt Town employees are not entitled to overtime pay. POLICY: Overview: While hours may fluctuate, Exempt employees are expected to normally work a minimum of forty (40) hours per week. The job requirements of most exempt employees mean that they regularly work considerably more than 40 hours, and that the time worked frequently occurs during hours outside of the normal work schedule. It is not the Town's intent to replace time on an hour -for -hour basis, but to provide "Exempt Leave" to acknowledge these realities. Exempt Leave: Exempt Leave is scheduled, paid time taken off the job that is available to FLSA exempt employees who work beyond the normal workweek. Exempt Leave is a benefit provided in recognition of the many hours in excess of forty (40) hours per week, which may be required but are not directly compensated on an hourly basis. Exempt leave is in addition to other leave provided by the Town as a benefit to employees. Exempt Leave is awarded as time off, up to a maximum of forty (40) hours per payroll calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Exempt Leave is not accruable beyond the payroll calendar year. An Exempt Employee shall not be paid out any accrued unused Exempt Leave when the employee's employment with the Town ends. Exempt Leave shall not be carried over beyond the end of the last day of the last pay period of the payroll calendar year. Exempt Leave is a "use it or lose it" benefit based on the payroll calendar year. The full forty (40) hours are available to an eligible exempt employee as soon as they are appointed to an FLSA exempt position on a pro rata basis, depending on the time of the payroll calendar year the employee starts in said position. See table on the next page. Exempt Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the exempt employee to request to use their Exempt Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. we Exempt Leave Table Following are suggested guidelines Number of Hours of Exempt for approving the use of Exempt Leave leave during the first year of hire into a position eligible for Exempt Leave: Start Date on the Job Jan 1— February 28 40 March 1 — April 30 30 May 1 —June 30 25 July 1 — August 30 20 September 1 — October 30 10 The Town Manager may grant additional leave to employees throughout the year in recognition of commendable or outstanding performance in the form of "Merit Leave". Please see the Policy entitled "MERIT LEAVE". Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: MISCELLANEOUS LEAVE WITH PAY POLICY NO: 909 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 they are normally scheduled to work or if the employee is excused before serving four hours of jury duty, they are 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 part-time regularly scheduled employee, they will be granted a paid leave of absence, not to exceed three (3) consecutive working days, as determined by their regular work schedule. If employees need time in excess of three days, they may use accrued vacation or personal leave time with the approval of their supervisor and the Human Resources Administrator. W Immediate family for the purpose of such leave is defined as spouses, children, grandchildren, parents, grandparents, siblings and in-laws and all "step" relationships in these categories. Payment for bereavement leave is at the employee's straight time rate of pay. Vacation or personal days may be granted to attend the funerals of other close relatives or friends upon approval by the employee's supervisor. Time off without pay will only be considered if the employee does not have vacation 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 in his or her discretion. GSA Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: LEAVES OF ABSENCE WITHOUT PAY POLICY NO: 910 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 status. PROCEDURE: Leaves of absence request will be considered first under the Family and Medical Leave Act (FMLA) Policy (Policy 907). Should the request for leave fail to meet the criteria specified under the FMLA policy, only then will a non-FMLA leave without pay be considered. Generally, a leave without pay shall not normally exceed two (2) calendar weeks. A longer leave of absence may be granted if appropriate for legal reasons, such as ADA (which is not bound by the two week limitation) or other 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, 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. ADA leave as a reasonable accommodation 2. Education 3. Travel 4. Care of a disabled person 5. Temporary employment by another public agency within the United States, its territories or possessions 6. Religious activities (non -compensated) 7. 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. Except for ADA reasonable accommodation leave, the Town is not obligated to hold the employee's position open while the employee is on leave without pay and the employee's right to return to a position from such leave shall be conditioned on the availability of an appropriate position and sufficient funding. The position may be filled on a temporary or regular basis. 100 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: MERIT LEAVE POLICY NO: 911 EFFECTIVE: January 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish the Merit Leave benefit that can be awarded occasionally by the Town Manager for commendable or outstanding employee performance. To provide a definition of Merit Leave, and describe how it should be administered. SCOPE: All Town employees are eligible regardless of FLSA (Fair Labor Standards Act) status. Both "exempt" and "non-exempt" employees are eligible. STATEMENT OF POLICY: Merit Leave is scheduled, paid time taken off the job. The Town Manager may approve Merit Leave to Town employees (both exempt and non-exempt) for commendable or outstanding performance. Award of Merit Leave is generally limited to instances when the employee has demonstrated exceptional effort or achievement on a special project. No more than forty (40) hours of Merit Leave may be awarded to an employee in a calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Merit Leave must be used within twelve (12) months from when it was awarded and Merit Leave is not accruable beyond the payroll calendar year. Merit Leave is a "use it or lose it" benefit, and may not be carried over beyond twelve months after awarded. An employee shall not be paid out any accrued unused Merit Leave when the employee's employment with the Town ends. Merit Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the employee to request to use their Merit Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. 101 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: MILITARY LEAVE POLICY NO: 912 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To provide for military duty in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Arizona law. SCOPE: This policy applies to all Town employees. STATEMENT OF POLICY: The Town of Fountain Hills will grant a military leave of absence to employees who are absent from work because they are serving in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees must give their supervisors advance notice of upcoming military service, unless military necessity prevents advance notice or it is otherwise impossible or unreasonable. An employee's salary will not continue during military leave unless required by law. However, an employee may use any available accrued paid time off, such as vacation or sick leave, to help pay for the leave. Reservists in any branch of the Armed Forces and members of the National Guard will be granted time off for military training. Such time will not be considered vacation time. However, employees may also elect to have their training duty period be considered as vacation time to the extent they have such time available. Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible. If an employee is on military leave for up to 30 days, they must return to work on the first regularly scheduled work period after service ends (allowing for reasonable travel time). If an employee is on military leave for more than 30 days, they must apply for reinstatement in accordance with USERRA and applicable state laws. Employees returning from military leave (depending on the length of military service in accordance with USERRA) will be placed either in the position they would have attained if they had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, employees will be treated as if they had been continuously employed. Questions about military leave should be direct to the Human Resources Administrator. 102 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: HEALTH & WELFARE BENEFITS POLICY NO: 913 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 Once employees have met the appropriate eligibility requirements, they may be eligible to participate in the plans described below. This is merely a summary. More detailed information about each plan can be found in the plan documents maintained in Human Resources and the summary plan descriptions (SPDs). SPDs are the official documents regarding employee benefit plans and supersede all references to employee benefits in this manual. Medical Insurance First of the month following 30 days of continuous employment Dental Insurance First of the month following 30 days of continuous employment Life Insurance First of the month following 30 days of continuous employment Long Term Disability Insurance First of the month following 30 days of continuous employment Short Term Disability Insurance First of the month following 30 days of continuous employment Dependent Life Insurance First of the month following 30 days of continuous employment Flexible Spending Accounts First day of employment Employee Assistance Program First of the month following 30 days of continuous employment Retirement Plan (401A) First day of employment Deferred Compensation Plan (457) First day of employment 103 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: 401A RETIREMENT PLAN POLICY NO: 914 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Town of Fountain Hills does not deduct Social Security taxes from full-time benefited employees' paychecks. Instead, the Town has a mandatory 401A Retirement Plan. This plan is administered by a registered third party administrator. Eligible employees will contribute 11 % of their gross pay to their retirement account. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. The Town of Fountain Hills will also contribute 11% of the eligible employee's gross pay. The Town's contributions are subject to a vesting schedule as follows: Years of Vesting Service % Vested 1 YR. 20% 2 YR 40% 3 YR 60% 4 YR 80% 5 YR 100% Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 104 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: DEFERRED COMPENSATION POLICY NO: 915 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Town of Fountain Hills provides an optional deferred compensation plan for all employees. Employees become eligible on their first day of employment. This plan is administered by a registered third party administrator. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. There is no employer match of contributions. Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 105 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: EMPLOYEE ASSISTANCE PROGRAM POLICY NO: 916 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Employee Assistance Program (EAP) was established to provide professional, confidential assistance for any type of personal problem. The program is designed to encourage early intervention and awareness of such problems and to offer help at the earliest opportunity. Employees are responsible for their performance and for taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest indication of a recurrent problem. Utilization of the EAP is most times on a voluntary basis. If an employee is referred by a member of management as a condition of continued employment, utilization is mandatory. In the case of mandatory utilization, the only information the Town of Fountain Hills will receive is that the employee is in the program, cooperating, and making their appointments. The decision to seek or accept assistance through the EAP will not adversely affect an employee's job security or advancement opportunities. However, participation in the EAP in no way relieves the employee of the responsibility to meet acceptable work performance and attendance standards. All full-time employees and benefit -eligible dependents are eligible to receive assistance through the EAP. The EAP will not reveal any information that the individual discloses to the EAP except in the following circumstances: The employee consents in writing; The law requires disclosure; or It is believed that life or safety is threatened by nondisclosure. 106 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: TUITION REIMBURSEMENT POLICY NO: 917 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To provide a means of assistance for Town of Fountain Hills employees to obtain job related education. STATEMENT OF POLICY: The Town of Fountain Hills encourages employees to further their development and skills through continuing education. Employees who meet the eligibility requirements stated herein shall be reimbursed for approved courses, in an approved course of study by an accredited school, college, or university. For purposes of this policy, accredited refers to accreditation provided by a body recognized by the US Department of Education. The maximum amount of reimbursement is based on the IRS educational assistance "exclusion from wages" limit that has been set at $5,250 per year since 1999 (IRS publication 15-B Fringe Benefits) and is subject to availability of Town funds on a fiscal year basis. Town employees should contact Human Resources to obtain information regarding the maximum annual reimbursement amount they may be eligible to receive. The Town reserves the right to limit or expand reimbursements if this limit fluctuates. Reimbursable expenditures include tuition only. Administrative fees, laboratory and technical fees, required textbooks, incidental fees such as parking permits, supplies, recreation fees/activity fees are not covered under this plan. Tuition reimbursement is available to eligible employees pursuing advanced education in a field which is directly related to their duties performed for the Town. SCOPE: All Full -Time, Regularly -Scheduled Employees who have completed a minimum of twelve (12) months of paid continuous service. PROCEDURE: Definitions: "Allowable amount" is approved by the Finance Division based upon budgeted funding and the criteria set forth within this policy. The determination of the allowable amount is made prior to the beginning of each fiscal year. Funds in excess of those approved in the Town's budget cannot be expended without prior Town Manager approval. 2. "Fiscal Year" is defined as July 1st through June 30th. Eligibility Requirements - Individual courses as well as degree programs (undergraduate and graduate) may be considered for assistance under this program if they meet the following requirements: 107 1. The course must be related to the employee's current job or future career growth with the organization. If a degree program is approved, all courses necessary to obtain the degree are eligible for reimbursement even if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application must be submitted and approved prior to the beginning of each course under the degree program (see Reimbursement below). 2. Courses must be taken from an accredited school, college, or university. Accredited refers to accreditation provided by a body recognized by the US Department of Education. Work schedules are not reduced for participating employees. Courses must be taken outside of the employee's normal work hours. 4. All course homework must be completed during non-scheduled work hours. Reimbursement - To be eligible to receive reimbursement, the following must be satisfied: 1. A completed Tuition Reimbursement Application, including the Department Head's signature of approval, must be provided to the Human Resources no less than thirty (30) days prior to the first session of class. 2. The employee must be actively employed by the Town of Fountain Hills in a full-time, regularly - scheduled status at the time the course is completed and when the employee receives the final grade. The actual amount of reimbursement is dependent on funding availability and total dollar amount requested for reimbursement. Reimbursement will be made upon successful completion of the course (a grade of "C" or better or a "pass" for a pass/fail course). 4. Proof of satisfactory completion and detailed invoices must be submitted to the Human Resources. 5. Employees who receive financial assistance for their education from grants, scholarships, or other sources must disclose the source on the request for tuition reimbursement. If employees are receiving funding other than student loans for their education from another source, the Town will not provide reimbursement for that portion of the cost. The amount of reimbursement shall be reduced by any financial assistance the employee receives from any outside source. Approvals Required — All requests for Tuition Reimbursement require the approval of the employee's Department Head. All required approvals must be satisfied prior to registering for or enrolling in requested course(s). Requests received after registration or enrollment may not be eligible for reimbursement. Note: A new Tuition Reimbursement Application must be submitted and approved prior to taking courses for which the employee requests tuition reimbursement, including those that are taken as part of a previously approved degree program. 2. The Town Manager will review the request and approve or disapprove the reimbursement request based on the job -relevance of the request, potential benefit to the Town, and funds available. Note: A set funding amount is allocated to this program on a fiscal year basis. For that reason, funds are distributed on a "First Come — First Serve" basis at time of application. 1: Procedure: 1. All requests for tuition reimbursement must be submitted on a Tuition Reimbursement Application (see Exhibit 917-A). 2. All requests must include identification of the agency accrediting the college and a description of the course(s). Both of these may be photocopied from the school catalog or website. For degree programs, a copy of the requirements for the degree must be submitted, including a list of all required courses. As above, a photocopy from the school catalog or website will generally suffice. 3. Upon final approval or disapproval, a copy of the Application is returned to the requesting employee and Department Head. 4. Upon successful completion of the course, the employee shall re -submit their copy of the Application to Human Resources, along with proof of successful completion (grade report) and detailed invoices for reimbursement within thirty (30) days of completion of the class(s). Separation from Employment - It is anticipated that the employee and the Town of Fountain Hills will both benefit from employee development activities and the organization's financial investment in such activities. In order to remain eligible for tuition reimbursement, an employee must remain employed by the Town at the time the course(s) completes and a final grade is issued. If an employee's employment with the Town is terminated for any reason prior to such time, the employee will be no longer eligible for tuition reimbursement. Tuition reimbursement may be paid prior to completion of requested courses, but only on an exception basis. The employee must furnish an explanation of need that would justify payment in advance, and an affirmative endorsement by the individual's Department Head prior to consideration. Each request for exception will stand on its own merits. [6e EXHIBIT 917-A TUITION REIMBURSEMENT APPLICATION You must meet eligibility requirements and receive all required approvals before registering for or enrolling in course(s) to be approved for tuition reimbursement. (Refer to the Tuition Reimbursement Policy for details) SECTION I — PREAPPROVAL FOR TUITION REIMBURSEMENT DATE: EMPLOYEE NAME: JOB TITLE: DATE OF EMPLOYMENT: (ELIGIBILITY — Full -Time, Regularly -Scheduled, Post -Introductory employee who has completed 12 months of paid continuous service at the time of request) SCHOOL NAME: (ELIGIBILITY — Universities and colleges must be accredited by a body recognized by the US Dept of Education) DEGREE PROGRAM: ACADEMIC SEMESTER (Circle One): COURSE TITLE: MAJOR COURSE OF STUDY: Fall Winter Spring Summer COURSE START DATE: (ELIGIBILITY — Course must be related to the employee's current job or future career growth with the organization. If a degree program is approved, all courses necessary to obtain the degree will be eligible for reimbursement, even if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application must be submitted and approved prior to the beginning of each course under the degree program.) REQUIREMENT: You must attach identification of the agency accrediting the college and a description of the course(s). Both of these may be photocopied from the school catalog or website. For degree programs, a copy of the requirements for the degree must be submitted, including a list of all required courses. As above, a photocopy from the school catalog or website will generally suffice. REQUESTED AMOUNT: $ EMPLOYEE'S SIGNATURE: DEPT HEAD'S SIGNATURE: HUMAN RESOURCES SIGNATURE: TOWN MANAGER'S SIGNATURE: 110 DATE: DATE: DATE: DATE: SECTION II — TUITION REIMBURSEMENT REQUEST COMPLETION DATE OF ABOVE COURSE: GRADE RECEIVED: (ELIGIBILITY — A grade of "C" or higher ("pass" in a pass/fall system) must be attained to receive the reimbursement.) TUITION REIMBURSEMENT AMOUNT: $ REQUIREMENT: Upon successful completion of the course, employee shall resubmit their copy of Application, along with proof of successful completion (grade report) and detailed invoices (receipts) to Human Resource for reimbursement. SECTION III — HR ONLY APPROVED REIMBURSEMENT AMOUNT TO EMPLOYEE: $ HUMAN RESOURCES SIGNATURE: TOWN MANAGER'S SIGNATURE: 111 DATE: DATE: Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: TRAINING FUNDING POLICY NO: 918 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To maximize the return on investment for Town funded, job-related training outside the scope of the Tuition Reimbursement Policy. STATEMENT OF POLICY: The Town seeks to assist employees in obtaining job related training to enhance the personal skills of the employee in areas that are beneficial to Town operations. SCOPE: This guideline applies to all Town employees. Town employees who attend job-related training may, at the discretion of the Town Manager, have some or all of their expenses paid for through Town funds, including travel, accommodations, auto rental, attendance and required material fees, up to a maximum of $1,500 per fiscal year. PROCEDURE: Employees who attend a training event that costs $1,000 or more (minus wages, but inclusive of expenses incurred from travel, per diem, lodging, auto rental, attendance and material fees) will be required to sign an agreement stating that if they separate voluntarily from Town employment within one year following the conclusion of the training, an amount based upon the total will be withheld from the final paycheck according to the following schedule: Date of Separation Percentage Withheld Up to 90 days following conclusion 100% 91 to 180 days following conclusion 50% 181 to 365 days following conclusion 25% The original signed agreement will be forwarded to the Human Resources Office for inclusion in the employee's personnel file. Under special circumstances, the repayment requirement provision of this guideline may be waived at the discretion of the Town Manager. Nothing in this policy implies any type of contract with respect to continued employment, or limits the rights of the Town to terminate any individual in accordance with Town policy. 112 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: SERVICE AWARDS POLICY NO: 919 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Town of Fountain Hills has established a Service Award Program to honor employees at certain times during their years of service to the Town. All part-time and full-time employees are eligible. Awards will be issued to employees completing five (5) years of service. Additional service awards will be issued at five year intervals. Employees will be recognized for their years of service at a Staff Meeting. 113 Town of Fountain Hills Personnel Policies SECTION: TRAVELING ON OFFICIAL BUSINESS POLICY: TRAVEL TIME POLICY NO: 1001 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a set of uniform guidelines for the compensation of employees during periods of business related travel. STATEMENT OF POLICY: It shall be the policy of the Town of Fountain Hills to comply with applicable provisions of the Fair Labor Standards Act as it relates to the compensation of employees during periods of business-related travel. Commute Time An employee who travels from home before the regular workday and returns to their home at the end of the workday is engaged in ordinary home to work travel, which is not work time. If an employee who regularly works at a fixed location in one town is given a special one day assignment in another town or city and returns home the same day, the time spent in traveling to and returning from the other town or city is work time, except that the Town will deduct the time the employee would normally spend commuting to the regular work site. Travel During the Workday Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and will be counted as hours worked. The Town allows employees to attend conferences and general educational activities for personal growth and as a fringe benefit. Travel to and from professional conferences for career advancement, where the employee does not engage in an activity directly related to the employee's "principal activity" and where attendance is voluntary, is not compensable. Out -of -Town Travel Travel away from home that involves an overnight stay will be work time when it cuts across the employee's workday. The time will be hours worked on regular workdays during normal working hours and during corresponding hours on nonworking days. The Town will not count time spent in travel away from home outside working hours as a passenger on an airplane, train, boat, bus, or automobile as work time. 114 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: MEMBERSHIP IN PROFESSIONAL AND CIVIC ORGANIZATIONS POLICY NO: 1101 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 Membership in a professional organization is valuable to our employees as well as to our organization. The Town of Fountain Hills will pay the annual membership fee required for an employee to belong to job-related professional organizations that are approved in the annual budget. The Town of Fountain Hills will also pay the fees required for employees to maintain and/or obtain professional designations that are directly related to their jobs and that are approved in the annual budget. A department director must approve in writing any exceptions to these limits. The Town of Fountain Hills cannot pay for student memberships in professional organizations. If membership in a professional or civic organization or a professional designation is not job related but is beneficial to an employee and our organization, the employee may request that their dues be paid for by the Town of Fountain Hills. The employee should make a written request to their department director. The employee will be advised in writing whether any, or all of the dues, will be paid by the Town of Fountain Hills. The Town of Fountain Hills will also pay expenses associated with attending periodic job related meetings, conferences and seminars sponsored by professional organizations that are approved in the annual budget. 115 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: USE OF TOWN VEHICLES BY TOWN EMPLOYEES POLICY NO: 1102 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish guidelines for the appropriate use of Town vehicles. Each Town Department shall adopt this regulation or may adopt more stringent guidelines with the written permission of the Town Manager. STATEMENT OF POLICY: SCOPE: All personnel driving Town vehicles shall have a valid State of Arizona Driver's License with the appropriate license classification for the type of vehicle they are operating, acquire a complete knowledge and understanding of vehicular operations, and obtain all necessary approvals from Risk Management required to operate the vehicle. If a Town employee should lose their driver's license for any reason, that employee shall notify their supervisor at the beginning of the next working shift. The responsibility for assuring complete compliance with the provisions of this regulation rest with the Department Head, supervisors at all levels, and the individual employees involved. PROCEDURES: A. The use of Town vehicles shall be restricted to official business, subject to the following guidelines: 1. Transporting of passengers shall be limited to Town employees, persons in an advisory capacity to the Town, persons participating in approved Town programs, and other agency representatives on Town business. 2. Employees assigned a Town vehicle for use during their normal workday schedule may use the vehicle during normal work hours to either go home or to a restaurant for lunch if their personal vehicle is not readily available. Employees assigned a vehicle for use during their normal workday schedule are to exercise discretion in its use. Town vehicles may not be used for personal business. 3. Alcoholic beverages shall not be consumed or transported in Town vehicles nor shall Town employees have consumed any alcohol or any substance (as defined by the Town's Drug Free Work Environment Policy) before or while operating the vehicle. Under no circumstances shall any Town employee who registers a positive blood alcohol level be permitted to operate any Town vehicle or heavy equipment. 4. It is inappropriate for a Town vehicle to be parked in front of certain types of businesses, such as a liquor store or bar unless the vehicle is being used to conduct official Town business, such as an inspection. Considerable discretion should be exercised when using the vehicle for the purposes noted in this paragraph. B. Department Heads may assign Town vehicles for overnight use under the following circumstances: 116 1. To employees who are frequently required to use a Town vehicle at night, during the weekend, or if they have substantial emergency responsibilities. This does not include employees whose homes are outside Fountain Hills unless the Town's emergency response or other important Town business would be greatly facilitated. 2. In situations where the conduct of Town business can be facilitated by overnight use of a Town vehicle by an employee who normally does not keep a Town vehicle overnight. 3. To any number of employees rotating a specific assignment and vehicle at night or on weekends. 4. All employees making overnight trips with a Town vehicle must have prior approval of their Department Head as denoted on a Travel Authorization form. C. Town vehicles shall be operated in a responsible, safe manner, as outlined below: 1. Seat belts shall be worn by all employees and passengers using a Town vehicle and the vehicle shall not be operated until all vehicle occupants have buckled their seat belt. 2. Town vehicles shall be driven in compliance with motor vehicle laws. 3. Employees are personally responsible for the prompt and proper reporting to their supervisor, and payment, of fines for any citations received while using a Town vehicle. Under no circumstances are these citations to be paid for by the use of Town funds. All moving traffic citations shall be reported within three (3) working days to the appropriate Department Head. 4. All employees who operate a Town vehicle shall become familiar with policies and procedures relating to the reporting of accidents. Employees involved in an accident may be required to submit to a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted in accordance with Town regulations as outlined under the Drug Free Work Environment Policy and Town of Fountain Hills Personnel Rules. 5. Employees operating Town vehicles are responsible for keeping them clean and litter free. Employees assigned to a specific Town vehicle on a regular basis are also responsible for ensuring the vehicle is in good working order at all times. Any known defects or malfunctions of a Town vehicle are to be reported promptly to the Fleet Mechanic. 6. Routine maintenance and repair of Town vehicles will be supervised through the Fleet Mechanic employed by the Town of Fountain Hills. 7. Fuel cards shall remain in Town vehicles at all times and should be stored in the glove compartment. 8. Use of cell phones or texting while operating a Town vehicle is prohibited. 117 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: USE OF TOWN PREMISES, PROPERTY AND MATERIALS POLICY NO: 1103 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 Meetings held on the Town of Fountain Hills' premises must be for the purpose of conducting Town business. Meetings for other purposes are strictly forbidden. The use of business stationery and/or the Town's postage meter for personal correspondence is strictly forbidden. The personal use of its facsimile or copying machines also is forbidden without first receiving management approval and reimbursing the Town of Fountain Hills at the current prevailing rates. Sending or receiving personal mail at the Town of Fountain Hills' address is strongly discouraged because it adds to an already enormous mail volume. No product or materials, including that put in any trash container, is to be removed from the buildings except by authorized personnel. Anyone who removes product or materials without proper authority will be subject to discipline up to termination. 118 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: ACCEPTABLE USE OF INFORMATION SYSTEMS POLICY NO: 1104 EFFECTIVE: December 17, 2015 REVISED: April 20, 2018 OVERVIEW The Town is committed to protecting the integrity of its information systems The enterprise network and Internet/ Intranet/ Extranet -related systems, mobile communications and data, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of the Town. These systems are to be used for business purposes in serving the interests of the town, and our customers in the course of normal operations. Any and all functions performed by an employee while utilizing Town electronic equipment and resources is considered as public in nature and can in no way be considered personal or private. And thus, employees should understand that there is no expectation of privacy when using such resources. It is the responsibility of all computer users to know these guidelines, and to conduct their activities accordingly. PURPOSE This policy is intended to outline the acceptable use of computer equipment owned by the Town. These rules are in place to protect the Town, its employees and its citizens. Inappropriate use exposes the Town to risks including virus attacks, compromise of network systems and services, and legal issues. SCOPE This policy applies to employees, contractors, consultants, temporary employees, and other workers at the Town, including all personnel affiliated with third parties. This policy applies to all equipment that is owned or leased by the Town. POLICY General Use and Ownership Users should be aware that the data they create on the Town systems remains the property of the Town. Because of the need to protect the Town's network, management cannot guarantee the confidentiality of information stored on any device belonging to the Town. Employees should not engage in personal use of Town information systems in a manner that results in a detrimental impact on the Town. Employees should presume that personal use other than minimal amounts might result in a detrimental impact on the Town. The Information Technology Administrator shall have discretion to determine detrimental use. For security and network maintenance purposes, authorized individuals within the Town may monitor equipment, systems and network traffic at any time, per Information Technology Division's Audit Policy. 119 The Town reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy. Security and Proprietary Information Passwords must be kept secure and NOT be shared with other users. Authorized users are responsible for the security of their passwords and accounts. Application passwords should be changed quarterly, network passwords will expire every 75 days and must be changed. Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with the "Laptop Security Tips." Postings by employees from a Town e-mail address to any online venue must contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the Town, unless the posting is in the course of business duties. All hosts used by the employee that are connected to the Town Intemet/Intranet/Extranet, shall be continually executing approved virus -scanning software with a current virus database. Employees must use extreme caution when opening e-mail attachments received from unknown senders; such attachments may contain malicious programs (e.g. viruses, e-mail bombs, Trojan horse code, etc.). Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services). Under no circumstances is an employee of the Town authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the Town -owned resources. The lists below are by no means exhaustive, but instead are an attempt to provide a framework for activities that fall into the category of unacceptable use. 1. System and Network Activities The following activities are strictly prohibited: The installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Town. The installation of "freeware" software applications without the prior authorization of the Information Technology Division. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. Users should consult the IT Helpdesk prior to export of any material that is in question. Knowingly introducing malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. Using a Town information systems asset to obtain and/or transmit material could create a hostile and offensive workplace or a sexually charged workplace in violation of applicable law. Viewing or transmitting sexually oriented materials. Making fraudulent offers of products, items, or services originating from any Town account. Causing security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a 120 server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. Port scanning or security scanning is expressly prohibited unless prior notification is made to, and permission has been granted by, the Information Technology Division. Executing any form of network monitoring that will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty. Circumventing user authentication or security of any host, network or account. Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. 2. E-mail and Communications Activities The following is a summarized list of prohibited uses. Please see the IntranetAnternet and E-mail for more detailed information. Any form of harassment via e-mail, voicemail, telephone or paging, whether through language, frequency, or size of messages. Sending email that are unprofessional, use foul language, sarcasm or other language that is not proper business etiquette. Mass mailing of e-mail "junk mail", jokes or non -Town -business-related advertising material to individuals who did not specifically request such material (e-mail spam). Solicitation of e-mail for any other e-mail address, other than that of the poster's account, with the intent to harass or to collect replies. E-mail posting the same or similar non -business-related messages to large numbers of Usenet newsgroups (newsgroup spam). Unauthorized use, or forging, of e-mail header information. Use of the Town's information systems to engage in threatening, intimidating or harassing conduct including but not limited to constituting the alleged harassment that constitute threats, intimidation or any other kind of act that interferes with the individual's ability to function as an employee of the Town. Sending an email using another person's log-in/identity without authorization. Confidential Files The files of confidential employees will be preserved to contain confidential information, and will not be accessed by IT or anyone else until permission to do so has been granted by a person having authority to do so. Examples of confidential employees are Human Resources and the Town Attorney. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee violates this policy, Information Technology will inform the employee's supervisor, or someone higher in rank, in writing and the department director or other authorized individual may authorize the Information Technology Administrator to remove the employee's access to the Town's computer network resources and/or to take appropriate remedial action. 121 Any employee who fails to abide by this policy may be subject to disciplinary action up to and including ternlination. 122 Laptop & Personal Electronic Device Security Tips Never leave your laptop or personal electronic device in open view in your vehicle; remove it or secure it in the trunk or other secure location! Do not leave the device stored in the trunk for any great length of time; exposure to either extreme cold or heat can damage the machine. Always use your laptop or personal electronic device in a cool, dry place. Never leave your laptop or personal electronic device unattended in a public place. Don't forget to secure all other products associated with your laptop: batteries, power cords, cables, external drives, LCD projectors, etc. Never put your laptop or personal electronic device on the airport security x-ray machine belt before you have a clear path to the end of the belt. Check your device's battery and make sure it's fully charged. If you take your machine through an airport, the security checkpoint personnel may ask you to turn it on to prove it isn't a suspicious device. Back up all irreplaceable information daily. Remember, it's not just the loss of the device, it is also the loss of the hard work and important information. 123 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: INTRANET/INTERNET AND EMAIL POLICY NO: 1105 EFFECTIVE: December 17, 2015 REVISED: April 20, 2018 OVERVIEW Electronic mail (e-mail) is a fast and efficient way to communicate internally within an organization using an internal e-mail system and Intranet and externally using the Internet. The Internet is also a powerful research tool that can greatly expand the amount of information gathered on a subject and reduce the amount of time it takes to conduct research activities. It is the policy of the Town to encourage the proper use of e-mail and the Internet to communicate inside and outside our organization. Furthermore, it is the Town's policy to encourage using the Internet as a research tool. Employees should use good judgment and common sense when using e- mail, the Internet, and the Intranet and understand the Town's policy outlined below. PURPOSE The purpose of this policy is to ensure that use of the Intranet, Internet and e-mail technologies among employees of the Town is consistent with Town policies, guidelines, operating procedures for use of specific Town resources, all applicable laws, and the individual employee's job responsibilities. SCOPE This policy applies: To all Intranet/Internet and e-mail services provided, owned, or funded in part or in whole by the Town; To all users and holders of Town Intranet/Intemet and e-mail systems or accounts, regardless of intended use; To all Town Intranet/Internet and e-mail Official Records and/or Public Records in the possession of or generated by Town employees and other users of e-mail services provided by the Town; and Equally to transmission and receipt of data including e-mail headers, summaries, and addresses associated with e-mail records and attached files or text. This policy does not apply to: Printed copies of e-mail, but other laws and policy may apply to such documents. Under Arizona public records laws and other state laws, information appearing in this format may need to be retained as Official Records or treated as State Publications under A.R.S. § 35-103. 124 WIN I 11TRO Dy VA 101101 Ilia By W.1 IUDOLVA WOMW Intranet/Internet Access Unauthorized access into the Intranet/Internet using Town equipment or Town Intranet/Internet accounts, or another employee's Intranet/Intemet account, or through other means, is in violation of policy. Obtaining e-mail access Unless otherwise directed by the employee's immediate supervisor or designated representative, employees are automatically given an e-mail account upon receipt of a LAN account. Removing Internet or e-mail access The department director must submit a request to the IT HELPDESK to remove or disable an employee's Internet and/or e-mail account. By request, the department director can be given access to the files in the disabled account for a period of 30 days after notification to disable. LAN and e-mail accounts of employees who have separated from the Town will be deleted 30 days after separation of employment to disable the account unless otherwise directed by a department director. Email will be forwarded to a designated address for a period of up to one year. Access and usage limits The Town's Internet access method has a finite capacity and is subject to periods of heavy use. Therefore, employees may be requested to limit access when system capacity is being exceeded. Employees must abstain from personal use of Internet or e-mail services for any reason during the time when employees should otherwise be engaged in Town business and performance of their job duties. Investigative access The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. Electronic mail messages are public information. Request for e-mail messages, calendars, or records may be treated like any other public record in the possession of the Town. E-mail contents may be subject to subpoena in legal matters and may be subject to public records request. Management reserves the right to retrieve and/or review e-mail messages to monitor or prevent misuse of the system. Procedures to request access to an employee's e-mail files: 1. Action by department director: a) Submit a request to Human Resources for investigative access on the employee's account. 2. Action by Human Resources: a) Consult with the Town Manger about the investigative access request. 125 b) Coordinate with the Information Technology Administrator. ACCEPTABLE USE OF THE INTRANET/INTERNET AND E-MAIL The definition of acceptable use of the Internet is any use that is related to Town business or the performance of work related duties. Research and general information access on behalf of the Town Authorized employees may use Internet and e-mail technologies to conduct official Town business, gain technical or analytical advice as part of their jobs, communicate or exchange files and/or data with employees, citizens, clients, vendors and contractors as part of their jobs. Databases can be accessed for information as needed as long as they do not require some form of subscription to participate. Access to subscription -based Internet services must be initiated using existing Town policies for purchased services. Participation in News/Discussion Groups Users may participate in news/discussion groups based around a topic in which the Town has an interest. Users may participate in news/discussion groups, listservs or web sites created by professional organizations of which the Town or the user in their professional capacity is a member. Disclaimer: Postings by employees from a Town e-mail address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of Town, unless posting is in the course of business duties. Limited Personal Use The Town's Intranet/Internet and e-mail resources are intended for business use in performing the duties of an employee's job. Limited personal use may be permitted, according to the following guiding principles: It is incidental, occasional and of short or moderate duration. It does not interfere with any employee's job activities. It does not result in incremental expense to the Town. Examples of "incremental expense" include, but are not limited to: a) If the Town were paying for a limited bandwidth connection to the Internet, and an employee's personal use incurred additional charges; and b) Long-distance telephone, cellular phone or fax charges. The employee has their supervisor's prior approval for said personal use, which approval shall only be given when consistent with the requirements of this policy. 126 It does not solicit for or promote commercial ventures, religious or political causes, outside organizations or other non job related solicitations. It does not violate the other "unacceptable uses" or other specific limitations outlined in this policy. It will not create a real or perceived conflict of interest. UNACCEPTABLE USES OF THE INTRANET/INTERNET AND E-MAIL Activities of law enforcement or Town Attorney's office related to criminal investigations, or personal investigations by any department in general, would not constitute a prohibited or inappropriate use. The following are unacceptable uses of the Intranet/Internet and e-mail technologies. All issues raised in the Town of Fountain Hills Code of Ethics are applicable. The unacceptable uses shall include, but are not limited to: Appropriate Email Email should be business -like Be truthful and accurate Avoid sensational and exaggerated language Focus on the facts Comply with the "New York Times Rule" — the writer would not be concerned or embarrassed if the email were published on the front page of a newspaper Inappropriate e-mail and Intranet/Internet content Communication of material that is offensive or derogatory, slanderous and/or defaming towards any individual, corporation, agency or organization and disparagement of any trade or product. Communication that is derogatory or discriminatory in any way toward persons for reasons of their race, religion, gender, age, disability, lifestyle, political affiliations, social status or any other personal characteristic. Communication describing or picturing specified anatomical areas of the human body and communication describing or picturing sexual activities. Sexually oriented content or materials. Non -IT purchase of software or computer equipment for Town business Users must not download any software packages and/or upgrades from the Internet, and must comply with the Town of Fountain Hills software policy. The Information Technology Division purchases all software and/or computer equipment (e.g. microcomputers, printers, modems, hubs, speakers, subwoofers, keyboards, mouse, etc.). Departments 127 should always submit a request via e-mail to purchase software and/or computer equipment to the IT Helpdesk. Non -Town business solicitations and subscriptions Employees shall refrain from any type of postings or subscriptions, whether on a Web site, to a news group or via e-mail, that constitutes a solicitation of any type (i.e. religious, political, personal gain, or in support of illegal activities). Employees shall refrain from using the Town's e-mail or Internet resources for personal for-profit business activities or schemes to generate income or result in personal financial gain. Advertising Employees shall refrain from any type of postings, whether on a web site, to a news group or via e-mail, that are for the purpose of advertising. Distributing chain and spam e-mail Distribution of chain mails, "Ponzi" or other "pyramid" schemes of any type or other communication that is any way in violation of public law or Town policy is prohibited. Users should not in any way participate in the further dissemination or re -distribution of e-mail "spam" e- mails, communications with long mailing lists of other recipients, or other inappropriate e-mail communications. Upon receipt of any of these items, a user should immediately delete it from their e-mail in box and trash, and completely refrain from sending it on to other persons in or outside the Town. Performing copyright infringements and other illegal actions Any use of the Internet that violates copyright laws is prohibited. Infringing on third party copyrights or other intellectual property rights, license agreements or other contracts; for example, illegally installing or making available copyrighted software. E-mail shall not be used to send (upload) or receive (download) copyrighted materials, and any other unauthorized materials, without prior written authorization of the originator. Users will refrain from the posting of any materials that violate federal or state laws. Use of the Intranet/Internet or e-mail in support of illegal activities is prohibited. Unauthorized attempts to break into any computer whether in the Town or another organization. Causing disruption of service and performance Use of the Intranet/Internet or e-mail must not disrupt the operation of the Town network or the networks of other users. Hacking or modifications to the Intranet/Intemet and e-mail software in a manner that restricts the ability of the Town to monitor its resources is prohibited. 128 One or more files totaling 30mb or more in size should not be attached to internal e-mail messages. Users instead should utilize the network share drives to distribute the files to other users. Using the Intranet/Internet and e-mail for political purposes The Town's Intranet/Internet and e-mail resources are not to be used for political purposes. For Misrepresentation The use of aliases while using the Intranet/Intemet is prohibited. Anonymous messages are not to be sent. No employee shall attempt to obscure the origin of any message. The misrepresentation of an employee's job title, job description, or position in the Town is prohibited. The release of untrue or distorted information regarding Town business is prohibited. Execute real-time utilization of Intranet/Internet resources for non -Town -business-related services The accessing, viewing, downloading, or any other method for retrieving non -Town business information or services that utilizes the Internet resource in real-time is prohibited. This includes, but is not limited to, streaming audio or video (such as Pandora, XMRadio, Hulu, or NetFlix), streaming wallpaper or screen savers. INTRANETANTERNET AND E-MAIL PRIVILEGE RESPONSIBILITY Use and compliance Access to the Intranet/Internet and e-mail is a privilege. Employees are expected to use the Intranet/Intemet and e-mail in a professional manner that reflects positively upon themselves and the Town. Employees and their immediate supervisors are jointly responsible to ensure compliance with this policy. Employees are responsible for text, graphic or audio content they place, send or receive over the Intranet/Internet and e-mail. It is recognized that some unsolicited electronic mail may be received or random access to an undesirable Internet site may occur. In those instances, the individual will not be held responsible for that content or undesired site access. Account Employees shall not "loan" their access to the Intranet/Internet to other employees who have not been authorized use of the Internet and e-mail technologies. Employees will be held responsible for all actions taken using their access permissions. Employees shall not intercept or disclose messages, or assist in the interception or disclosure of messages unless otherwise authorized. Information Technology, under the authorization of Town Attorney may intercept or disclose messages when misuse of the Town system is suspected. 129 USER'S RESPONSIBILITIES REGARDING RECEIPT OF OFFENSIVE MATERIAL Generally, the same policies of appropriate behavior apply in network usage, as apply in the workplace. If you believe that you are the victim of harassment, do not delete the message. Immediately notify your immediate supervisor or department director and Information Technology. Confidential Disclosure Public Records and Privacy E-mail from an internal system and/or the Internet, is NOT private nor can the security of e-mail be guaranteed. Caution shall be used when conveying confidential or sensitive information, as part of normal business transactions, when confidentiality cannot be maintained. This includes documents such as performance reviews, disciplinary and/or corrective actions, attorney -client -privileged information, personnel information, and health or medical information. All e-mail messages (whether created or received) are the property of the Town and may be considered to be public records pursuant to the Arizona Public Records Law. If there is concern about potential public disclosure or internal disclosure, e-mail should not be used. The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. When communicating with legal counsel or seeking legal advice, consideration should always be given to the fact that e-mail may contain information that may not be entirely confidential. It is advisable to check with the Town Attorney's Office as to whether such request should be made by e-mail or through written communication. All requests for public records disclosure of data shall be routed to the Town Clerk. E-mail messages may be recoverable Deleting e-mail messages from a computer does not guarantee it has been erased from the system. Further, email constituting a public record must be maintained. Employees should use good judgment when creating e-mail and always assume that it is discoverable. Monitoring and auditing The Town owns the network providing access to Internet and e-mail technologies. The electronic records created by use of the system may be considered public records under Arizona Revised Statutes and the law governing retention of public records. The Town reserves the right to monitor all electronic records, at any time, to insure compliance with state law and this policy. Retention of E -Mail All e-mail messages that are not subject to a specific retention schedule are stored by Information Technology for 1095 days and may be required to be stored longer in the event of litigation. 130 Any messages that are permanent records are required to be copied or moved to the appropriate file location. Information Technology is not responsible for backup or restoration of any e-mail items saved outside of the e-mail system by individual users. Records retention schedules can be found on the Arizona Secretary of State's Arizona State Library, Archives & Public Records website — www.azlibrM.gov. Virus Exposure Use of the Internet and e-mail risks exposure to viruses that can cause serious damage to Town computer resources. Material downloaded from the Internet must be virus checked before use. Inbound and outbound attachments to e-mail will be scanned for viruses. Plug -Ins and Helper Programs Plug -ins and Helper programs should be used prudently and only if its purpose is to enhance the browser to provide services that are within the "acceptable uses" and it does not violate the "unacceptable uses" or other specific limitations outlined in this policy. Enforcement The Town, through the Town Manager, its department directors and Information Technology Division, reserves the right to review an employee's use of Town provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found violating this policy, the department director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 131 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: SOFTWARE/HARDWARE POLICY NO: 1106 EFFECTIVE: December 17, 2015 REVISED: April 20, 2018 PURPOSE It is the policy of the Town to respect all software copyrights and to adhere to the terms of all software licenses to which the Town is a party. The Town users may not duplicate any licensed software or related documentation for use either on Town premises or elsewhere unless the Town is expressly authorized in writing to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Town to both civil and criminal penalties under the United States Copyright Act. The purpose of this policy is to prevent copyright infringement and to protect the integrity of Town's computer environment. SCOPE This policy applies to employees, contractors, consultants, temporary employees, volunteers and other workers at the Town. This policy applies to all software that is owned or leased by the Town. Contractors with the Town shall become aware of the requirements of this policy. POLICY Budgeting for Software/Hardware Some software and hardware needs are limited to specific departments. Departments are responsible for requesting new software or hardware specific to the department's needs through the Information Technology Division. When requesting such software or hardware, departments must work with the IT Department to ensure technology costs, compatibility, licensing, support, and integration issues are addressed. Approval for Purchase of Software/Hardware To purchase software or hardware, users must obtain the approval of their supervisors and the Information Technology Division, then submit a request to the IT Helpdesk to acquire the software/hardware. Acquisition of Software/Hardware All software or hardware acquired for the Town must be purchased through the Information Technology Division. Software or hardware may not be purchased through user corporate credit cards or petty cash. Software and hardware acquisition channels are restricted to ensure that the Town has a complete record of all software that has been purchased for Town computers and can register, support, and upgrade such software accordingly. 132 Freeware software or mobile apps downloaded from the Internet must be authorized by the Information Technology Division. License Agreements Software may only be used in compliance with applicable license (including "shrink-wrap" agreements) and purchasing agreements. Ownership of Software All software acquired for or on behalf of the Town or developed by Town employees or contract personnel on behalf of the Town is and shall be deemed Town Property. All such software must be used in compliance with applicable purchase and license agreements. Storage of Software Media/Licenses All software media and original license agreements are kept and stored by the Information Technology Division. Software media that must be accessed for support of an application (e.g. clip art, GIS data, etc.) will be kept with the workstation licensed for its use. Use and distribution of these types of media must be in compliance with the software licensing agreement. IT will monitor the license term length and will notify users of any necessary actions Duplication of software Users are not authorized to produce backup or duplicate copies of any software for any purpose. Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software may be a violation of federal and state law and is strictly prohibited. The Information Technology Division creates all authorized duplicate media and retains the master copy. The software inventory registry will be updated with this information. Registration The IT Helpdesk is responsible for completing the registration documentation and returning it to the software publisher All software that is Town Property must first be delivered to the IT Helpdesk to complete registration and inventory requirements. All software must be registered in the name of the Town. Because of personnel turnover, software will never be registered in the name of the individual user. Information Technology maintains a register of all software and will keep a library of software licenses. The register will contain: the title and publisher of the software; the date and source of software acquisition; 133 the location of each installation as well as the serial number of the hardware on which each copy of the software is installed; the name of the authorized user(s); the existence and location of the media and any back-up copies; the software product's serial number and/or key codes. Installation of Software No software, including freeware, may be installed on any Town -owned or leased computer without prior approval by the Information Technology Division and without being registered to the Town. After the registration requirements above have been met, the software will be installed with the authorization of, assistance of, or performance by, Information Technology support personnel. Manuals, tutorials and other user materials will be provided to the user. Once installed on the hard drive, the original media (USB drives, CD-ROM, DVD, etc) will be kept in a safe storage area maintained by the IT Helpdesk. Users may not give software to anyone, including contractors, customers and others. Town users may use software on local area networks or on multiple machines only in accordance with applicable license agreements. Town computers are Town -owned assets and must be kept both software legal and virus free. Only software purchased through the procedures outlined above may be used on Town machines. Installation of personal non -business related software on Town computers is not authorized. The Town will remove any unauthorized software that puts the Town at risk or liability. Removable Media Drives & USB Drives To protect the Town's network and computers, restrictions have been placed on external drives including USB hard drives and flash drives, and the following guidelines should be followed to enhance security. In addition, files written to or copied from such devices may be logged and audited to ensure compliance with policy. Software may not be executed from external and USB hard drives and flash drives. Confidential files or files with sensitive data should be encrypted when saved on removable drives to protect the contents in the event the device is lost or stolen. Any removable or USB drive should be scanned for malicious code and viruses prior to use. Support Software compatible with installed operating system, client, application and system configuration standards for workstations and/or file servers will be supported by the Information Technology Helpdesk. 134 Uninstalling Software Unauthorized removal of software from Town computers is prohibited. Software removals should not be performed without the authorization of, assistance of, or performance by, Information Technology support personnel. IT reserves the right to uninstall or remove any software found to be causing a negative impact on the workstation, the Town's enterprise network, or any Internet/Intranet/Extranet-related systems. User Responsibilities Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with software that they cause to be acquired, copied, transmitted, or used or seeks to acquire, copy, transmit, or use. IT will provide all necessary copies of such licenses. If a computer must be reconfigured or replaced and it contains software that has been licensed specifically for that computer, the user should notify Information Technology of such installation to ensure the software is reinstalled, tested and documentation of the installation location is updated. Shareware Software It is the policy of the Town to pay shareware authors the fee they specify for use of their products. Registration of shareware products will be handled the same way as outlined above. Software Games The installation of computer games on Town computers is prohibited unless there is a Town business or service justification. Games packaged with the operating system installation (e.g. FreeCell, Minesweeper, Pinball, and Solitaire) are included in the workstation image and are exceptions. However, IT reserves the right to remove these games. Software Games that impact network resources are strictly forbidden. Screensavers and Wallpaper Screensaver and wallpaper software are permissible only after the Software Policy procedures to purchase (commercial and/or shareware), license, register and install have been applied. Decompiling software No User shall decompile, disassemble, or reverse -engineer any software. Transfer of Software No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available Town -owned software or an interest therein to any unauthorized individual or entity. 135 Audits The Information Technology Division will conduct audits of all PCs, including portables, to ensure that the Town is in compliance with all software licenses. Audits will be conducted using an auditing software product or through manual inspection. Enforcement A Town user who makes, acquires, or uses unauthorized copies of software will be subject to disciplinary action up to and including termination. The Town does not condone the illegal duplication of software and will not tolerate it. Any doubts concerning whether any employee may copy or use a given software program should be addressed with IT Helpdesk. Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the Information Technology Division. The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found violating the sections of this policy, the Department Director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 136 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: AUDIT OF INFORMATION SYSTEMS POLICY NO: 1107 EFFECTIVE: December 17, 2015 REVISED: December 17, 2015 PURPOSE To provide the authority for members of Town' Information Technology team to conduct a security audit on any computer or communication system (hardware or software) at the Town. Audits may be conducted to: Ensure integrity, confidentiality and availability of information and resources Investigate possible security incidents Monitor user or system activity Enforce information system policies SCOPE This audit policy covers any equipment owned, leased or otherwise possessed by the Town, including, but not limited to all of the following devices: 1. hand-held devices (Whone, Wad, etc.) 2. computers (desktop and laptops) Communication devices, including but not limited to: 1. telephone and voicemail system 2. network hardware (routers, printers, firewalls, etc.) 3. other wireless devices, including pagers Employees should be aware that loading Town programs or property on their own personal devices may result in public record information being on those devices and creating a Town interest in those devices to the extent such information is present. The use of personally -owned information and communication devices for Town business is discouraged unless a department head and the Information Technology Administrator determines there is a necessary business use for such equipment. 137 POLICY When requested, and for the purpose of performing an audit, any access needed will be provided to members of Town' Information Technology team. This access may include: User level and/or system level access to any computing or communications device Access to information (electronic, hardcopy, etc.) that may be produced, transmitted or stored on Town equipment or premises Access to work areas (labs, offices, cubicles, storage areas, etc.) Access to interactively monitor and log traffic on Town networks. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found to be violating the sections of this policy, the department director together with the Information Technology Administrator, may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 138 Town of Fountain Hills Personnel Policies SECTION: OTHER WORK PLACE POLICIES POLICY: TOWN FURNITURE AND WALLS POLICY NO: 1108 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 All employees are asked to contribute to a professional looking work environment. Our customers, residents and businesses deserve impressive public facilities. Employees are asked to: Check with department directors before hanging items on walls. Appropriate items could include artwork, diplomas, awards, plaques, Town related items, etc. Frame all pictures or items for display Do not tape, magnetize or tack any items to walls, cubicles or their supports, overheads or furniture. An exception could be if clipped with a magnet, out of view, and is not unsightly or destructive to furniture. This would include any quick reference material such as phone number lists, referral lists, etc. which should be displayed in the most professional manner available. Refrain from displaying items that may cause others to be uncomfortable or may find to be offensive. Employees may not post material on bulletin boards without the approval of Human Resources or Information Technology Divisions. 139 Town of Fountain Hills Personnel Policies SECTION: SUPERVISION AND DISCIPLINE POLICY: SUPERVISION AND DISCIPLINE POLICY NO: 1201 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish the employee discipline process. PROCEDURES: Each employee shall generally be supervised by the individual to whom they are 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 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 them 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 oneself, other employees, the public, or Town property in the performance of duties or responsibilities; or the employee has violated safety rules or practices. The employee has been abusive in attitude, language, behavior, bullying, 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. 140 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. The employee has reported to work under the influence of alcohol or drugs or otherwise violated the Town's procedures regarding drug free workplace. 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 211, Secondary Employment). 15. The employee has been inexcusably absent, has failed to receive prior approval for any paid or unpaid absence other than those absences taken pursuant to the Town's Sick Leave Policies, 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 (absenteeism or tardiness shall not include work time missed as a result of leave taken pursuant to the Town's Sick Leave Policies, Policy No. 902 and No. 903. 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 their 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. 22. The employee has used or attempted to use political influence in securing a promotion, leave of absence, transfer, or an increase in pay. 141 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, sexual orientation, national origin, age, disability or any other category identified in the nondiscrimination policy or otherwise protected by law. 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. 27. The employee has committed a material violation of the rules of this Manual. 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 or the Department Director 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 or Department Director 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 or Department Director 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 or Department Director 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. 142 Demotion An employee whose ability to perform the required duties action may be demoted upon approval of the Town Manager within three days before the effective date of the demotion. Suspension Without Pay falls below standard or who merits disciplinary . Written notice shall be given to the employee The Town Manager may suspend an employee from any position at any time without pay for a disciplinary purpose. A supervisor or Department Director may recommend suspension of a subordinate employee to the Town Manager for his/her approval. No supervisor or Department Director may suspend a subordinate for any period of time without the approval of the Town Manager. A suspended employee receives written notification on a "Record of Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of Counseling/Disciplinary Action" form, listing the specific charge(s), period of suspension, and administrative review and appeal rights, if any. The employee is given a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Suspension of Exempt Employees An exempt employee (those exempt from the provisions of the Fair Labor Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one or more full days except for infractions of safety rules "of major significance." Suspensions for exempt employees must occur within the same workweek. Safety rules of major significance are those (rules) and supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities, employees or the public. Administrative Leave With Pay: The Town Manager may place an employee on Administrative Leave With Pay at any time as a non -disciplinary measure to permit an investigation into matters concerning a possible disciplinary action. No supervisor or Department Director 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, NO B. If the employee's presence would be detrimental to the public interest or the continued efficient operation of the Town. The Town Manager must approve administrative leave. An employee placed on Administrative Leave with Pay receives written notification on a "Record of Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of Counseling/Disciplinary Action" form, listing the nature of the investigation, period of leave, and administrative review and appeal rights, if any. The employee is provided a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Dismissal Employees may be dismissed with cause by the Town Manager by written notice which shall state the cause for dismissal, the effective date, and the employee's appeal rights, if any. Only employees who have successfully completed the introductory period have appeal rights. 143 Due Process: Prior to an involuntary termination, or a suspension without pay an employee who has successfully completed their Introductory period will be provided with a written notice from their supervisor and/or Department Director 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 within ten (10) calendar days to their supervisor and/or Department Director contesting the proposed action. 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 information as to the reason for the adverse action. If, after considering the employee's response, 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. Employees who are not directly supervised by the Town Manager shall generally have the Town Manager as their hearing officer. In cases involving an employee working with the Town Manager as their direct supervisor, the hearing officer shall be the Presiding Judge of the Fountain Hills Municipal Court. The Town Manager or the Presiding Judge may appoint the town of Fountain Hills Human Resources head, another manager, or Judge from another Arizona city or town to serve as the hearing officer 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) basic 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, their supervisor and/or department director, and the applicable appointment authority (Town manager or Presiding Judge). 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 administrative or judicial forum. 144 TOWN OF FOUNTAIN HILLS RECORD OF COUNSELING/DISCIPLINARY ACTION FORM Employee Name: PART I: ALLEGED OFFENSE State unsatisfactory incident, performance, or violation committed and specific rule violated. Personnel Rules and Regulations, Section . If used for counseling interview or oral reprimand, state what was discussed and agreed upon, if appropriate; no employee response required. PART II: EMPLOYEE RESPONSE Employee's Signature 145 Date PART III: TYPE OF ACTION RECOMMENDED [ ] No Action [ ] Disciplinary Suspension Hours [ ] Oral Reprimand [ ] Disciplinary Pay Reduction [ ] Written Reprimand [ ] Involuntary Demotion [ ] Administrative Leave [ ] Dismissal — Written Notice STATEMENT OF FINAL ACTION: State what was determined from an investigation and indicate the recommended resolution. Please note that it is necessary to complete the "Counseling/Disciplinary Action Form." Employee's Signature Date I hereby certify that I understand my due process rights and that I have read this disciplinary action form and acknowledge its receipt. I understand that my signature does not necessarily indicate agreement. Employee's Signature 146 Date TOWN OF FOUNTAIN HILLS COUNSELING/DISCIPLINARY ACTION FORM Employee Name (Please Print): Title: Supervisor's Signature: Department Head's Signature: Department/Division: Town Manager's Signature (if required): Date: Date: Personnel Rules and Regulations Violated (Section/Item) Date: Oral Reprimand - The non -written notification to an employee of job performance deficiency or misconduct and notification of the Town's level of expectations. Supervisor or Department Director should document the date and nature of the reprimand on the "Record of Counseling/Disciplinary Action" form. Date of Oral Reprimand: Written Reprimand - The official notification to an employee that there is cause for dissatisfaction with the employee's job performance or that there is misconduct. Date of Written Reprimand: Administrative Leave - The non -disciplinary suspension of an employee with pay to permit an investigation into matters concerning possible disciplinary action. Must be approved by Town Manager. Duration: From: To: Total Hours: Disciplinary Suspension of 40 hours or less - The temporary separation of an employee from Town service without compensation. Must be approved by the Town Manager. Exempt employees may not be suspended without pay for disciplinary sanctions for a period of time less than one or more full days per the Fair Labor Standards Act. Duration: From: To: Total Hours: Disciplinary Suspension of Greater Than 40 Hours - The temporary separation of an employee from Town service without compensation must be approved by the Town Manager. 147 Duration: From: To: Total Hours: Disciplinary Pay Reduction - The reduction of an employee's salary will be at the discretion of the Town. The reduction may be permanent or temporary and must be approved by the Town Manager. This disciplinary action does not apply to exempt employees per the Fair Labor Standards Act. Temporary Pay Reduction: From: To: Old Hourly Rate: $ New Hourly Rate: $ Permanent Pay Reduction: Effective Date: Old Hourly Rate: $ New Hourly Rate: $ Involuntary Demotion - The movement of an employee from one class to another class at a lower rate of pay. The demotion may be permanent or temporary and must be approved by the Town Manager. Old Classification: Old Range: Old Hourly Rate of Pay:$ Effective Date: New Classification: New Range: New Hourly Rate of Pay: $ Dismissal - The discharge for cause of an employee from Town service. Must be approved by the Town Manager. Effective Date: Employees may appeal disciplinary action through the grievance procedure. An employee serving an initial introductory period, may not appeal. I hereby certify that I understand my grievance rights and that I have read this disciplinary action form and acknowledge its receipt. I understand that my signature does not necessarily indicate agreement. Employee's Signature Date COPY: Employee Department Head Human Resources (Copies of all disciplinary actions must be forwarded to the Human Resources Office) Town of Fountain Hills Personnel Policies SECTION: SEPARATION FROM SERVICE POLICY: SEPARATION FROM EMPLOYMENT POLICY NO: 1301 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a process the Town will follow for all terminations of employment, whether voluntary or involuntary. STATEMENT OF POLICY: All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be required to make proper disposition and accounting for all funds and property (s)he was responsible for and to repay any amounts owed to the Town before final payment will be made to the employee. All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be afforded an opportunity to participate in an exit interview. However, participation is entirely voluntary on the part of the terminating employee. SCOPE: All employees. PROCEDURE: 1. Voluntary Resignation a. If termination is the result of a voluntary resignation, the employee is to document their intent to resign their position by submitting a letter of resignation to their supervisor bearing the current date, the last day of work, and the employee's signature. A "Voluntary Resignation and Retirement Notice" (See Exhibit 1301-A) may be used for notification purposes. b. Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for Department Heads, could result in separation with prejudice and denial of rehire. Waiver of required notice may be granted by the Town Manager (in writing). c. The effective date of termination is the last day the employee actually works. Exception: The effective date of termination due to expiration of a leave of absence is the last day of the approved leave. d. Group benefits such as medical, dental and life insurance terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed (e.g., pro -rating insurance). Contact Human Resources for further detail. e. The Town, acting through the Town Manager, reserves the discretionary right, upon receiving the ten day resignation notice, to immediately accept such resignation and provide the employee with two (2) weeks of regular pay pay in lieu of notice. f. All documentation is to be promptly forwarded to Human Resources. We g. Arizona law requires final payment to voluntarily tenninated employees to take place no later than their next regularly scheduled pay date. 2. Involuntary Termination a. An employee, regardless of employment status, may be terminated by the Town Manager at any time during their initial Introductory Period. b. Introductory, seasonal, and temporary employees may be terminated at -will. c. The Due Process in Policy 1201 will apply for other terminations. d. Group benefits such as medical, dental, and life insurance, terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed (e.g., pro -rating insurance). Contact Human Resources for further detail. e. Arizona law requires final payment to involuntarily terminated employees to take place on the earlier of the next regular payday or within seven (7) working days. In regard to all departures with employment from the Town, amounts payable to the employee shall be paid only after offset for any advances or monies owed to the Town by the employee. This includes, without limitation, the cost to replace any Town equipment that the employee fails to return. 3. Notice An Employee is encouraged to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23- 1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign. Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition. 150 EXHIBIT 1301-A VOLUNTARY RESIGNATION and RETIREMENT NOTICE Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for Department Heads, could result in separation with prejudice and denial of rehire. I, Print Name [VOLUNTARY RESIGNATION voluntarily resign my position of Job Title with the Town of Fountain Hills. My last day of work will be: Last day worked is termination date Reason for resignation: (Check one) To accept another job To attend school To stay at home Moving out of area Dissatisfied with job Other (explain) TIREMENT RESIGNATIO Print Name Job Title work/retirement will be: , submit notice of retirement from my position of with the Town of Fountain Hills. My last day of Last day worked is termination date Arizona State Law requires final payment of voluntary resignations no later than the next regularly scheduled pay date. My mailing address with the Town of Fountain Hills is current: Yes No If no, please provide current or forwarding mailing address: Mailing Address City State Zip Employee's Signature Resignation Accepted Supervisor's Signature 151 Date Date Town of Fountain Hills Personnel Policies SECTION: SEPARATION FROM SERVICE POLICY: REFERENCES POLICY NO: 1302 EFFECTIVE: October 7, 2004 REVISED: All inquiries regarding employees who are currently employed or who have been previously employed by the Town of Fountain Hills are to be referred to Human Resources. Supervisors and/or coworkers should refrain from writing letters of reference. All requests for letters of reference are to be referred to Human Resources. When Human Resources receives inquiries regarding previously employed employees, they will refer to the signed Employee Authorization to Release Reference Information Form in the employee's personnel file and release only the information authorized. When Human Resources receives inquiries regarding currently employed employees, they will only provide information limited to dates of employment and job title. The only exception to the above statement is that Human Resources may release salary information to credit institutions when the request for salary information is made in writing and the employee authorizes release of the information. 152 Town of Fountain Hills Personnel Policies SECTION: SEPARATION FROM SERVICE POLICY: REDUCTION IN WORKFORCE POLICY NO: 1303 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To establish a systematic process which the Town will follow in the event the Town Manager deems it necessary to reduce positions due to reorganization, lack of work, funds, or other budgetary limitations, and ensure business operations remain sound and employees are treated objectively. STATEMENT OF POLICY: A Reduction in Workforce (RIWF) is an extremely difficult business decision for an organization. It is the Town of Fountain Hills' intent to treat all impacted employees with dignity and respect, and to assist employees through the RIWF process. The Town Manager, with input from Department Heads, shall determine the number and classifications of employees to be laid off. In addition, the Town Manager and the Human Resources Administrator shall determine the specific procedures to be followed and the benefits that may be offered to affected employees. Employees affected by a Reduction in Workforce shall have the opportunity to continue their medical, dental, and vision insurance coverage (if applicable) in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions. SCOPE: All employees. PROCEDURE: In selecting employees who will remain with the organization, only job-related criteria will be used. The criteria used will be determined based on the reason for the reduction in force and the determination of the department's needs. Job related criteria may include, but are not limited to, the employee's current performance (as noted by the most current performance review), competencies, skills, responsibilities, experience, leadership, education and training, personal commitment, and salary. Seniority will be used only in the case of a tie. Severance Full-time employees who are laid off may be provided a severance package as determined by the Town Manager. Grievance Rights Grieving a Reduction in Workforce action is specifically excluded from the grievance procedure. 153 Town of Fountain Hills Personnel Policies SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: PROBLEM SOLVING POLICY NO: 1401 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: To effectively and professionally address work-related issues or concerns. STATEMENT OF POLICY: The Town will treat all employees fairly, with respect, and as members of the team. This includes you, your fellow workers, supervisors, management, elected officials, Board and Commission members, our customers, and the Fountain Hills community. In order for this to happen, the following procedure needs to be followed. DISCUSSION: This policy establishes the policies and procedures for the administration of the Town's Problem Solving process. This process does not replace the Grievance procedures in Policy 1402 or any other complaint or reporting procedures established in policy. Rather, this process has been established to advise employees of the proper avenues to use in communicating work-related issues or concerns. Examples of issues or concerns include, but are not limited to, any issues that impact an employee's work unit or impact an employee's ability to do their job. Employees need to remember that they may not take work-related employment issues and concerns to the Mayor and Town Council. Taking employment issues and concerns to the Mayor and Town Council disrupts chain -of -command of employees under the jurisdiction of the Town Manager (Ord. 230-97); and any such issues or concerns will be referred back to staff. This process does not prohibit staff from discussing Town projects and/or business with Council that would normally be brought to their attention. Town of Fountain Hills employees who have work-related issues or concerns should address them within a timely manner. Matters raised within five working days will be considered timely. Employees are to use the following process to resolve such matters. For matters involving harassment, discrimination, or legal violations, Policy 212, ("Harassment") is to be followed. PROCEDURE: Employees are to go to their first-line supervisor in a timely manner with any work-related issue or concern unless it involves harassment or discrimination, in which case they should follow the procedures set forth in Policy 212, ("Harassment"). For legal violations involving their supervisor, employees should go to their supervisor's superior, the Human Resources Administrator, or the Town Manager. Employees may have a regular employee of the Town as a silent witness at meetings in which work issues or concerns are discussed. 2. If the work-related issue or concern has not been resolved at the first-line supervisor level within five working days after the meeting in step 1 (above), employees should go to the next higher level of management. Both the employee and supervisor should document the reasons as to why the concern or issue was not resolved at the first-line level. 154 3. Only after employees have worked their way through their respective Department Head should they take their work-related issue or concern to the Human Resources Administrator or Town Manager. 4. Employees are required to exhaust all internal avenues before taking their work-related issue or concern outside this procedure. 5. The Mayor and Town Council, as well as those outside of the organization, are not in an employee's chain -of -command and therefore are not in a position to address work-related issues or concerns. There will be times in every employee's career when decisions are made that they do not agree with. That is natural; however, employees are expected to abide by decisions made under this grievance system whether agreed with or not. Failure to follow this process will have a negative effect on Town organization and will therefore be considered a violation of the Town's Personnel Rules. No employee will be subject to any form of retaliation or discipline for using this process. Any employee found guilty of retaliation will be disciplined. 155 Town of Fountain Hills Personnel Policies SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: GRIEVANCES POLICY NO: 1402 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 PURPOSE: 1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 2. To afford employees a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. 3. To provide that grievances shall be settled at the lowest possible level. 4. To provide that appeals shall be conducted informally. STATEMENT OF POLICY: The Town of Fountain Hills, in keeping with its policy of maintaining satisfactory working conditions, will provide a means to insure fair handling of employee complaints and grievances. Any employee whose state of mind is so affected by a grievance that they will not endeavor to, or cannot do the proper thing in the course of performing their regular duties, should immediately pursue the prescribed procedures for grievances. SCOPE: Covered Employees defined in Policy 1403 ("Covered/Uncovered Positions") shall have the right to file a grievance under this rule regarding a decision affecting their employment over which their immediate supervisor has partial or complete jurisdiction, with the exception of suspensions, demotions, or dismissals, which shall be appealed directly to the Town Manager. A. This procedure may be used to review the following types of problems, which are intended as examples and not strict limitations: 1. Work Hours 2. Assigned Duties 3. Working Conditions 4. Application of Town policies, as they relate to the employee (e.g. discipline) B. This procedure shall not be used for problems concerning: 1. Due Process related to involuntary termination 2. Compensation 3. Classification 4. Matters covered by state or federal law 5. Performance evaluation 156 PROCEDURE: A. Informal Grievance Procedure 1. An employee who has a problem or complaint should first try to get it settled through discussion with their immediate supervisor without undue delay. 2. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, they will have the right to discuss it with their supervisor's immediate department director. If the employee's supervisor does not have a department director, the employee shall discuss the matter with Human Resources. In some circumstances, Human Resources will determine that the matter should be referred to the Town Manager, or his designee, at this stage. 3. Every effort should be made to find an acceptable solution by informal means at the lowest level of supervision. If an employee fails to follow this informal procedure, the grievance will be denied and they will not be permitted to proceed to the formal grievance procedure outlined below. B. Formal Grievance Procedure Levels of review through the chain of command are listed below: 1. If the employee has properly followed the informal grievance procedure and the matter is not resolved, the employee is eligible to elevate the grievance to this level. Initially, the employee must reduce the grievance to writing citing the article and section of the Personnel Policies alleged to have been violated, if applicable, the date of the violation that forms the basis for the grievance, the nature of the grievance and the relief requested. 2. The written grievance will be presented to the employee's immediate supervisor, within twenty (20) calendar days of the occurrence, and no later than ten (10) calendar days after the informal grievance procedure has been fully exhausted. The supervisor will render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. 3. If the employee does not agree with their supervisor's decision, or if no answer has been received within fifteen (15) calendar days, and the employee wishes to continue in the process, the employee may present the grievance in writing to their supervisor's immediate department director, or in the absence of a department director, to Human Resources. 4. Failure of the employee to take further action within five (5) calendar days after receipt of the written decision of their supervisor or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of the grievance. Further Level(s) of Review as Appropriate 1. The second level supervisor receiving the grievance will review it, render his/her decision, and comments in writing, and return them to the employee within fifteen (15) calendar days after receiving the grievance. 2. If the employee does not agree with the decision, or if no answer has been received within fifteen (15) calendar days, and the employee wishes to continue in the process, they may present the grievance in writing to the Town Manager — through the Human Resources Administrator. 157 3. Failure of the employee to take further action within five (5) calendar days after receipt of the decision, or within a total of twenty (20) calendar days of referral to their second level supervisor if no decision is rendered, will constitute a withdrawal of the grievance. Town Manager — Final Step 1. Upon receiving the grievance, the Town Manager or his/her designated representative should discuss the grievance with the employee and with other appropriate persons. 2. The Town Manager or designee may, but is not required, to designate an external fact-finding committee to advise him/her concerning the grievance. 3. The Town Manager or designee will render a final decision. The Town Manager's or designee's decision may not be appealed. 158 TOWN OF FOUNTAIN HILLS EMPLOYEE GRIEVANCE FORM Step 1: In accordance with Town of Fountain Hills Personnel Policy 1402, the employee is responsible for instituting the first step of the grievance procedure without undue delay after becoming aware of, or being reasonably expected to be aware of, a violation of the Town of Fountain Hills' Personnel Rules and Regulations. The employee and the supervisor should make a good faith effort to informally resolve the grievance at Step 1 of the grievance process. Step 2: I have informally discussed this situation with the appropriate supervisory staff, but have been unable to reach an acceptable resolution. I therefore submit a formal grievance to my immediate supervisor in accordance with Town of Fountain Hills Personnel Policy 1402. Grievant's Name: Job Title: Submitted to: At Step II Date: HISTORY AND FACTS OF GRIEVANCE: Provide as much specific information as possible, including all pertinent names, dates and places. Indicate specifically which section of the Personnel Rules and Regulations you believe was violated, if applicable. Attach additional sheets and supporting documentation if necessary. REMEDY SOUGHT: State specifically what action(s) you are requesting to resolve your complaint. Grievant's Signature: 159 Date: Step II — Supervisor's Response: Grievance response must be returned to the aggrieved employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary. Step II — Supervisor's Signature Date: GRIEVANT'S ANSWER TO STEP II RESPONSE: I accept resolution at Step II: Yes No Submitted to: I At Step III I Date: If answer is no, grievance must be submitted to Step III within five (5) calendar days of receipt of Step II response. Give specific reasons why the Step II response is unsatisfactory, and what further action(s) you are requesting to resolve your complaint. Grievant's Signature: Date: Step III — Department Head's Response: Grievance response must be returned to the aggrieved employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary. Step III — Department Head's Signature: 160 Date: GRIEVANT'S ANSWER TO STEP III RESPONSE: I ACCEPT RESOLUTION AT Step III: Yes No Submitted to: I At final step I Date: If answer is no, grievant may submit the grievance within five (5) calendar days of receipt of Step III, the grievance may be submitted to the Town Manager at the Final Step. Give specific reasons why the Step III response is unsatisfactory, and what further action(s) you are requesting to resolve your complaint. GRIEVANT'S SIGNATURE: DATE: Final step — Town Manager's Response: The Town Manager's grievance response will be returned to the aggrieved employee within a reasonable amount of time to fully review the complaint. The Town Manager may respond using the grievance form OR by separate letter which will be attached to the grievance form. TOWN MANAGER'S FINAL DECISION: As per Town of Fountain Hills Personnel Policy 1402 ("Grievances"), the decision of the Town Manager is final and is not subject to appeal. TOWN MANAGER'S SIGNATURE: 161 DATE: Town of Fountain Hills Personnel Policies SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: COVERED/UNCOVERED POSITIONS POLICY NO: 1403 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To distinguish covered and uncovered positions with respect to the Town's merit system in accordance with Town Code § 3-2-1 STATEMENT OF POLICY: The merit system regulating the conditions of employment and removal of employees of the Town (including grievance procedures established in Policy 1402) shall not apply to: elected officials; officers subject to appointment and removal by the council; consultants hired on a contract basis; contract employees; non -permanent or temporary employees; volunteer workers who receive no regular compensation from the Town; and members of boards, committees and commissions established by the Council. PHOENIX 77018-1 440207v2 162 I11T ?'Ili' �lr��Alk 0 o t is A Amended and Restated August 1, 2014 March 20, 2018 TOWN OF FOUNTAIN HILLS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 480-816-5100 I. II. TABLE OF CONTENTS Page No. ABOUT THE ORGANIZATION.....................................................................................1 MISSIONSTATEMENT................................................................................................2 GENERAL INFORMATION (101) General Provisions and Purpose..................................................................3 (102) Loyalty Oath.........................................................................................4 (103) Equal Employment.................................................................................6 CONDITIONS OF EMPLOYMENT (201) Proof of Right to Work in the United States....................................................7 (202) Temporary Assignments.............................................................................8 (203) Temporary Staffing................................................................................................9 204 Identification Badges & Building Access ...................................................910 (2.03205) Basic Work Week and Hours of Work ......................................................911 (204206) Code of Conduct..................................................................... 19 ........................ 12 (2fl5207) Conflict of Interest ............................................... ,'................................................. (206208) Solicitation................................................................................... 14.. 17 (207209) Political Activity ................................................. , 5 ........................................................ (2QQ 10) Nepotism and Personal Relationships ...... ......................................................................................... 1-6— 19 9-94(al 1) Secondary Employment........................................................................20 (212) Harassment..........................................................................................123 (21 assmeRt..........................................................................................................................19 {14(213) Absentee Reporting, Personal Telephone Calls, and RecordChanges .................................................. ...... ............................................ 2-1-25 (2- 214) Dress Code and Uniforms.........................................................................2^ .... 28 (2- 215) Violence in the Workplace.......................................24....................................... 32 RECORDS (301) Confidentiality and Employee Records ..................................................2933 (302) Personnel Record Keeping................................................................3834 (303) Performance Evaluation..........................................� .........................35 (304) Job Descriptions...................................................vaz .........................36 IV. HEALTH & WELFARE (401) Drug and Alcohol Abuse and Testing — All Employees ............................3337 (402) Drug and Alcohol Abuse and Testing — Employees Required to Maintain a........ Valid Commercial Driver's License...................................................................44 403 Smoke -Free Workplace.....................................................................4053 (403404) Weapons.............................................................4-1 ...................54 (404405) On -the -Job Injury and Illness.....................................42 ...................55 (405406) Temporary Modified Duty.........................................4-3 ..................56 (406407) Disability ^ eeofn oda & Accommodations ........................................44................................................................................57 V. RECRUITMENT AND ANNOUNCEMENT OF POSITIONS (501) Recruitment..................................................................................5963 (502) E ;eyn;eRt Applieat+e^s ......................................... ......... ....52 (393) Background Checks................................................x.........................64 VI. CLASSIFICATION (60 1) €L&AExempt/Non-Exempt Employee Classifications ......................54 ......65 (602) Employee Classifications...........................................5b .......................67 (603) Call -Back Pay........................................................&7........................68 (604) Stand -By Duty On -Call .......................................................159 .......70 (605) Job Sharing........................................................... 6-1 ........................ 72 VII. WAGE AND SALARY ADMINISTRATION (701) Wage and Salary Administration .................................. x ........................ 73 (702) Pay Period and Workweek............................................................6577 VIIL INTRODUCTORY PERIOD (801) Introductory Employment Period ..................................66.......................78 IX. FRINGE BENEFITS & LEAVES (901 (902) Eligibility for Benefits......................................................................7081 (903902) Sick Leave — Full -Time and Part -Time Regularly Scheduled Employees .....82 (903) Sick Leave — Part -Time Non -Regularly _ Scheduled, Temporary Seasonal, and Other Employees.......................................................................85 (904) Vacation Leave........................................................71......................87 (904905) Holidays................................................................73 ...............89 (9057) Sircrt c„-a,,v,o _ rP„adiil_T; �nt-n aa.a iDa-,r+_T;.rrr,e Regularly srhedaled- €m^leyees ..........................�� (906) "o„rt�aryLea................. ......................................................................................................78 (9906) Personal Leave (Optional)............................................79 ...............91 9-; (907) Family & Medical Leave Act (FMLA)................................................ 92 (908) Exempt Leave .......................................... ..96 (909) Miscellaneous Leave with Pay ................................................................98 (910) Leaves of Absence without Pay ....................................... .100 (911) Merit Leave...........................................................................................101 (912,) Military Leave ...................................... ..........................................102 (913) Health & Welfare Benefits..................................................................103 9( 14j401A Retirement Plan...................................................................89104 (989915) Deferred Compensation............................................................4105 (98 916) Employee Assistance Program.......................................42................................................. (911) M0sse1lanes 1_; I-e-PoVe withPay ............................................................................................83 (912) LeavesA#�set�Ee�nr+thE)UtP ay..........................................................................................155 (943917) Tuition Reimbursement ® ..................................................96107 ( 44918) Training Funding...................................................................9-�1 12 (916) COBRA ...................................................................................................................................96 (917) Service 1�,+a.rds...........................................................x-7919) Service Awards................................... X. TRAVELING ON OFFICIAL BUSINESS (1001) Travel Time............................................................... .............. XI.OTHER WORKPLACE POLICIES (1101) Membership in Professional and Civic Organizations ...............4-04 ..........115 (1102) Use of Town Vehicles by Town Employees.......................................4:e5116 (1103) Use of Town Premises, Property and Materials ..................................397118 (1104) Acceptable Use of Information Systems ..........................................393119 (1105) Intranet/Internet and Email ........................................................123 (1106) Software/Hardware.......................................................................9131 (1107) Audit of Information Systems ................................................. 1,5 ... 136 (1108) Town Furniture and Walls ............................................477 ..............13 8 I #UEXII. SUPERVISION AND DISCIPLINE (1201) Supervision and Discipline..........................................................1139 I XALXIII. SEPARATION FROM SERVICE (1301) Separation from Employment ......................................................139148 (1302) References...............................................................141...............151 (1303) Reduction in Workforce ................................................ .............152 I #XIV. PROBLEM SOLVING AND GRIEVANCE PROCEDURES (1401) Problem Solving......................................................................4-43153 (1402) G-ieva ee Pr-eee tir-esGrievances 4:45155 (1403) Covered/Uncovered Positions .............................................. ..............161 ABOUT THE ORGANIZATION The Town of Fountain Hills (or the "Town" municipal government provides a variety of services such as zoning ordinances and the Town code. Major departments include Administration, Community Services, the Court, Development Services, law enforcement (contracted with the Maricopa County Sheriff's Office), and fire and emergency medical service (contracted with Rural Metro). The Town is operated with a seven -member Town Council handling policy decisions for Fountain Hills. The Town Manager is responsible for all personnel and administrative matters at Town Hall. The Town of Fountain Hills has an unrelenting commitment to excellence and equitable treatment to its employees and customers. Town of Fountain Hills MISSION STATEMENT The Town of Fountain Hills' purpose is to serve the best interests of the community by: providing for its safety and well _being; respecting its special, small-town character and quality of life; providing superior public services; sustaining the public trust through open and responsive government; and maintaining the stewardship and preservation of its financial and natural resources. To serve and respect, and provide trust and stewardship. 2 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: GENERAL INFORMATION POLICY: GENERAL PROVISIONS AND PURPOSE POLICY NO: 101 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: To establish Town of Fountain Hills pe -serene' pelieies and ^reed tir-esPersonnel Policies and describe overall content and relationships to other regulations. STATEMENT OF POLICY: The Town Council enacts these policies in order to further the following goals: 1. To provide a uniform system of personnel administration throughout the Town service. 2. To assist managers in the development of sound management practices and procedures, and to snake effective and consistent use of human resources throughout the Town. 3. To promote communication between department heads, supervisory staff, and employees. 4. To ensure, protect, and clarify the rights and responsibilities of Town employees. SCOPE: These personnel policies shall apply to all Town employees unless otherwise noted. Elected officials; officers subject to appointment and removal by the Council; consultants hired on a contract basis; contract employees; volunteer workers who receive no regular compensation from the Town; and members of boards, committees and commissions established by the Council may be subject to separate rules. In the event of conflict between these policies and any Town ordinance, or state or federal law, the terms and conditions of those ordinances or laws shall prevail. In all other cases these policies shall apply. In the event of the amendment of any ordinance, rule, or law incorporated in these policies or upon which these policies rely, these policies shall be deemed amended in conformance with those changes. The Town Manager shall have the authority to make such amendments, as mandated by local, county, state or federal ordinance, regulation or law, and shall also have the authority to make non -substantive amendments. Amendments shall be reported to the Town Council. The Town of Fountain Hills specifically reserves the right to repeal, modify or amend these policies at any time, with or without notice. None of these provisions shall be deemed to create a vested or contractual right in any employee, or limit the power of the Town Manager to repeal or modify these policies. These policies are not to be interpreted as promises or specific treatment. The Town may terminate an employee for any reason or no reason during the introductory period; as long as the termination is not based on discrimination. In addition, the Town may terminate an employee for cause after the introductory period. Likewise, the employee may terminate employment at any time. No individual supervisor, manager or officer can make a contrary agreement. 3 Town of Fountain Hills Personnel Policies and u,.oeed ms SECTION: GENERAL INFORMATION POLICY: LOYALTY OATH POLICY NO: 102 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: The purpose of this procedure is to document and ensure compliance with the loyalty oath requirements of State law. STATEMENT OF POLICY: All Town employees are required to sign a loyalty oath and such document must be submitted with new hire paperwork and filed in the employee's official personnel file. (See Exhibit 102-A - Loyalty Oath). Arizona Revised Statutes §38-231 requires in part that an officer or employee within the meaning of the section who fails to take and subscribe the oath or affirmation provided within the time limits prescribed shall not be entitled to any compensation unless and until such officer or employee does so take and subscribe to the form of oath or affirmation set forth. C! EXHIBIT 102-A LOYALTY OATH A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices. B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section. C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer's or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment. D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens, are exempted from any compliance with this section. E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation: State of Arizona, County of I, (type or print name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of (name of office) according to the best of my ability, so help me God (or so I do affirm). (signature of officer or employee) F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution. 5 Town of Fountain Hills Personnel Policies and PFOee UFeS SECTION: GENERAL INFORMATION POLICY: EQUAL EMPLOYMENT POLICY NO: 103 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To define the Town of Fountain Hills' position regarding nondiscrimination in all matters pertaining to employment throughout the organization. STATEMENT OF POLICY: The Town provides equal opportunity for all applicants and employees. The Town does not discriminate on the basis of race, color, religion, gender, national origin, ancestry, marital status, sexual orientation, age, physical or mental disability, medical condition, -or veteran status or any other status protected by law. The Town also makes reasonable accommodations for the disabled and for employee's religious observances and practices to the extent provided by law. It is the responsibility of every employee to cooperate with the spirit and intent of this policy. SCOPE: This policy applies to all applicants and employees throughout every aspect of the employment relationship including, but not limited to: recruitment, selection, placement, training, compensation, benefits, promotion, transfer, discipline, termination, and social and recreational programs. G Town of Fountain Hills Personnel Policies and PFOee uFes SECTION: CONDITIONS OF EMPLOYMENT POLICY: PROOF OF RIGHT TO WORK IN THE UNITED STATES POLICY NO: 201 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish procedures to comply with federal law regulating eligibility to work in the United States. STATEMENT OF POLICY: The Town of Fountain Hills requires all new hires to provide documentation of eligibility to work in the United States no later than three working days after the employee commences work. Employment is contingent upon satisfactory completion of the verification requirement. SCOPE: This policy applies to all Town employees. PROCEDURE: When an offer of employment is made to an applicant, the applicant shall be informed that proof of identity and eligibility to work in the United States will be required upon hire. A list of acceptable documents will also be described and/or mailed to the candidate. All new employees hired by the Town will be required to complete Section 1 of INS Form I-9 at the time of hire. In addition to completing the 1-9 form, all new employees must also be cleared by the Department of Homeland Security (DHS) as being eligible to work in the United States through the E -Verify Program required by the Legal Arizona Workers Act (A.R.S. §23-211 et. seq.). It is completed by a representative from Human Resources inputting into a secure DHS web site the information provided by the new employee from the completed I-9 form and their social security number. Typically, DHS will respond within seconds whether the person is cleared to work or if they have issues that must be cleared up with either the Social Security Administration or DHS. These forms will be maintained by the Human Resources Office. The Department Director, or designee, will ensure that the Human Resources Office verifies the candidate's documents no later than three working days after the commencement of employment. 7 Town of Fountain Hills Personnel Policies and ftoe„aums SECTION: CONDITIONS OF EMPLOYMENT POLICY: TEMPORARY ASSIGNMENTS POLICY NO: 202 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To clarify the circumstances by which the Town may utilize temporary assignments or temporarily staff a position. STATEMENT OF POLICY: "Acting" Assignments — Town employees may be temporarily assigned to perform all of the duties and assume all of the responsibilities of another position. "Increased Work Duties" Assignments — From time to time, Town employees may be temporarily assigned by the Town Manager to perform some or all of the duties and assume some or all of the responsibilities of a position or other positions. SCOPE: This policy applies to all Town Employees and all Town Departments. PROCEDURE: Temporary Assignments shall be administered in the following manner: 1. "Acting" Assignments — When the Town Manager identifies or otherwise determines that a Town Department is in need of an "Acting" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best -suited to meet the Department's needs. During such temnorary assignments. the Town emnlovee shall be designated as havina an "Acting" nositon. Changes in compensation during an "Acting' assignment shall be determined by the Town Manager. Temporary assignments do not become "Acting" assignments unless and until such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks. "Acting' assignments should generally not last longer than nine (9) months, unless extended in writing by the Town Manager. 2. "Increased Work Duties" Assignment When the Town Manager identifies or otherwise determines that a Town Department is in need of an "Increased Work Duties" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best - suited to meet the Department's needs. Changes in compensation during an "Increased Work Duties" assignment shall be determined by the Town Manager. Temporary assignments ("Increased Work Duties") do not become assignments for purposes of changes in compensation unless and until such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks. A temporary assignment (increase in work duties) can be in place of or in addition to an employee's regular duties. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: TEMPORARY STAFFING POLICY NO: 203 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To clarify the circumstances by which the Town may porarily staff a position. STATEMENT OF POLICY: From time to time, Town Departments may be in need of staffing to meet needs and/or fulfill responsibilities the Department may otherwise be incapable of performing with its current staffing. In such cases, the Town may determine that the Department's needs warrant additional staff in order to meet its needs and/or fulfill its obligations. SCOPE: This policy applies to all Town Employees and all Town Departments. PROCEDURE: Temporary staffing shall be administered in the following manner: Town Departments in need of temporary staffing (usually periods of no greater than one year), may obtain such staffing from outside agencies, temporary employees, or through the use of temporary Town employees. Town Departments in need of temporary staffing shall consult with Human Resources before initiating any temporary staffing in order to discuss, among other things, the potential implications of the temporary staffing_ Outside agencies may be used for temporary staffingwith ith approval of Human Resources and Finance. Generally, agencies on a previously pproved statewide contract are to be used. Town of Fountain Hills Personnel Policies SECTION: CONDITIONS OF EMPLOYMENT POLICY: IDENTIFICATION BADGES AND BUILDING ACCESS POLICY NO: 2-2204 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To protect the safety and maintain the security of all employees. STATEMENT OF POLICY: Every employee is required to wear a picture identification badge at all times while on Town premises. Failure to do so will subject the employee to corrective action. SCOPE: This policy applies to all Town employees. PROCEDURE: Human Resources will arrange for all new employees to receive an ID badge during orientation on their first day of employment. Loss or damage of the ID badge should be reported to Information Technology immediately in order for the badge to be deactivated in the system. The badge is the property of the Town of Fountain Hills and must be returned upon termination of employment. Because employee ID badges are also the means by which employees enter and leave the premises, employees must not loan their badges to anyone, including other employees, nor should employees allow anyone to enter the premises that the employee does not know to be an employee of the Town of Fountain Hills without first signing the Visitor Log and obtaining a Visitors Pass. Failure to observe these safety regulations could endanger the safety and security of all other employees and could subject the employee to corrective action up to and including termination. Ift Town of Fountain Hills Personnel Policies and PFOee UFeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: BASIC WORK WEEK AND HOURS OF WORK POLICY NO: 28205 EFFECTIVE: October 7, 2004 REVISED: August 1, 2012April 20, 2018 PURPOSE: To set forth a basic policy for the Town of Fountain Hills regarding attendance and hours of work. SCOPE: The standard wo ekworkweek for full-time employees is forty (40) hours. General office hours are from 7:00 a.m. to 6:00 p.m., Monday through Thursday. The standard weg&weekworkweek shall be seven (7) consecutive days commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. Any work shift in progress at midnight Sunday shall be included as part of the work period in which that shift commenced. With approval of the Department Director, modifications to this provision may be arranged in any manner consistent with departmental operations and to provide essential Town services, subject to any applicable federal or state statutory or constitutional limitations relating to hours of work. The Town Manager shall approve any modifications prior to implementation. Workday and workweek lengths for exempt employees are determined primarily by their current workloads and the organization's needs. Hours of attendance shall be maintained on official Town payroll documents as specified by the Human Resources office. Any falsification of individual time records or payroll documents by any Town employee will result in disciplinary action up to and including termination. PROCEDURE: All non-exempt employees are required to fill out time sheets daily in a complete and accurate manner. Exempt employees are required to fill out time sheets for the purpose of paying vacation days, sick days, or personal days during the pay period. Non-exempt employee time sheets shall be reviewed by each supervisor and approval designated by signature. Corrections or changes to the time sheet shall be made by placing a line through the error, inserting the correct information and initialing the changes. The supervisor must approve any corrections on the time sheet and initial same. REST PERIODS: Town employees who work at least eight (8) hours in a day are allowed two (2) fifteen - minute rest periods per day or shift, but will not exceed fifteen minutes in any consecutive four-hour period. The supervisor schedules all rest periods so that work areas are covered. Rest periods are counted as time worked and cannot be combined or "banked" to provide an extended lunch or rest period or shorten the workday. Overtime pay is not granted for rest periods not taken or for work performed during a rest period. MEAL PERIODS: All Town employees who work a minimum of eight (8) hours per day will receive a minimum of a one-half (1/2) hour unpaid meal period. The supervisor schedules all meal periods so that work areas are covered. Unpaid meal periods may be scheduled for employees working less than eight (8) hours with approval of the supervisor and employee. An employee must be completely relieved from duty in order for the time to be a "bona fide meal period". Skipped meal periods cannot be used to make up time or to shorten the workday without approval of the supervisor 11 Town of Fountain Hills Personnel Policies and Procedures SECTION: CONDITIONS OF EMPLOYMENT POLICY: CODE OF CONDUCT POLICY NO: 2-04206 EFFECTIVE: October 7, 2004 REVISED: August 1, 2014April 20, 2018 PURPOSE: To establish a code of conduct for the basic guidance of Town employees concerning matters affecting their work. STATEMENT OF POLICY: A Town government that upholds high standards of integrity and impartiality is a cornerstone of the democratic way of governing ourselves. Town employees must manage business and personal affairs so as to avoid situations that might lead to conflict, or the appearance of conflict, between self- interest and public duty. PERFORMANCE OF DUTIES: A. Employees should perform official duties diligently during working hours. B. Employees should always perform their duties with courtesy and respect for the public and for co-workers and without bias or prejudice, manifest by words or conduct, based upon race, color, religion, national origin, gender, age, sexual orientation, disability, or political affiliation. C. Employees should seek to maintain and improve their personal and professional growth and development and that of their co-workers through cooperation and participation in educational programs relevant to their duties and through any licensing or certification required for their position. D. Employees should perform their duties impartially in a manner consistent with law and the public interest, un -swayed by kinship, position, partisan interests, public clamor or fear of criticism or reprisal. E. All duties shall be performed with honesty and truthfulness without falsification in any manner. F. Employees should conform their conduct at all times to the policies and procedures established by the Town. ABUSE OF POSITION: A. No employee should use or attempt to use h�s�their official position to secure unwarranted privileges or exemptions. B. No employee or a member of the employee's immediate family should accept, solicit, or agree to accept any gift, favor or anything of value with the understanding that the official actions, decisions or judgment of any employee will be influenced. 12 C. No employee shall request or accept any fee or compensation, beyond that received by the employee in his op-hertheir official capacity, for advice or assistance given in the course of his-��their public employment. D. Each employee should use the public resources, property and funds under the employee's control and responsibility for the public purpose intended by law and not for any private purpose. CONFIDENTIALITY: As public servants, Town employees should carry out their duties in a manner that will withstand public scrutiny. Nevertheless, some employees handle confidential Town -related or employee -related documents while others handle sensitive matters, such as health records, private employee information such as addresses, phone numbers and social security numbers and investigations. Consequently, employees should maintain the confidentiality of matters they handle, assuring information about these activities is made public only upon appropriate authorization. If there is a question regarding confidentiality of speeifie ineidents, Human Resources and/or the Town Manager shall be contacted for clarification. NOTE: Separate polices cover CONFLICT OF INTEREST, SECONDARY EMPLOYMENT, AND POLITICAL ACTIVITY. 13 Town of Fountain Hills Personnel Policies and PFOee UFeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: CONFLICT OF INTEREST POLICY NO: 205207 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish guidelines for Town employees to identify, disclose, avoid and manage conflicts of interest as required by law. SCOPE: , itive eF negative nianneF, by an ;;r*4nR Af the TAWA Individuals revered by this peliezy Fnay include, but • Employees are subject to the provisions of A.R.S. Section 38-501 through 38-532 regarding conflict of interest. The Arizona Legislature has provided a series of laws covering the subject of conflict of interest. The laws appy to all officials, officers and employees of the Town. The law allows an official, officer or employee (or relative of an official, officer or employee) to do business with or to obtain services from the Town so long as the officer, official or employee makes known their conflict of interest and refrains from participating in the decision in any way. The Town Attorney will assist any employee or official who has any questions regarding conflict of interest. At any time, an employee is responsible for notifying their supervisor of any potential of conflict of interest. It is the duty of the employee and/or supervisor, if there is any concern regarding the possible conflict of interest, to contact the Town Attorney and request a written opinion. PROCEDURE: While not exclusive, specific examples of conflict of interest are enumerated below for the guidance of employees. a. Interest in Appointments Emnlovees should not canvass the Mavor or members of the Town Council. directiv or indirectly. in order to obtain preferential consideration in connection with any appointment to a Town job. This does not apply to positions filled directly by the Council. Conversely, the Mayor, members of the Town Council, Board or Commission members, directly or indirectly, should not canvass the Town Manager or Human Resources Director to obtain preferential treatment for any appointment to a Town job on behalf of relatives. b. Preferential Treatment to Individuals Granting any special consideration, treatment, or advantagey citizen beyond that which is available to every other citizen is prohibited. i. Disclosure of Confidential Information 14 The Town maintains confidential materials of various kinds (i.e., financial records, personnel data, administrative/legal opinions, software programs, and nonpublic records) designated as confidential by the Town Manager or his/her designee. All employees are expected to assume responsibility for safeguarding Town records, equipment, property, and other materials. Access to certain material is based upon job classification and a need -to -know basis. Appropriate confidentiality will always be maintained. ii. Representing Private Interest before Town Agencies or Courts No person whose salary is paid in whole or in part by the Town shall appear on behalf of private interests before any agency related to Town activities. They shall not represent private, business, and/or financial interests in any action or proceeding against the interest of the Town in any litigation to which the Town is a MAY-. pokey.4, Any emplayee who beeemes a -war -e of a potential eanfliet of interest shall iw.-flediately advise his of her- stipeFvisE)r. if the potential eenfliet of interest involves the r-epei4ing employee, the employee and . ser- shall disetiss the m4ter- and agree tipen the appr-epr-iate eOtir-se Of aetiOR aeeE)r-diRg tE) this iii. Interest in Contract with the Town -2, Any "estion as to whether- a potential eenfliet E)f inter -est e*ists shall be resolved by addr- i g - empleyee's finaneial interest and the emplayee's "ties with the Town. No employee of the Town shall have any interest in any contract made by them in their official capacity or by any committee, board, or commission of which he is a member, agent, or employee. 3, An employee detefmined to have a potential eenfliet of interest shall be dis"alified fr-E)M all�, eansider-ation E)f the matter, The employee shall w4ai-n 4afn eemmunieating about the matter- with anyone ifwolved in the aetion in order- to avoid the appear -a -nee of impropriety. iv. Disclosure oflnterest 4 placed in the employee's official p pl fil., An employee who has a financial or other private interest shall disclose conflict of interest in writing on the records of the Town or other appropriate authority, the nature and extent of such interest. -5, Any eFnp!E)yep- ioyhee lkne-�.A.dngly fails te disr-de-se and- hand—le a eenfliet A -f inte—rest as Seat fewth an this policy shall be subject to .diseiplinaFy action up to -;;nd- . rI--d-.*ng t.,ffninatieF Anv emnlovee who has. or whose relative has. a substantial interest in anv contract. sale. purchase. or service to such public agency shall make known that interest in the official records of such public aizencv and shall refrain from voting upon or otherwise narticipatin2 in anv manner as an officer or employee in such contract, sale, purchase, or service. Any employee who has, or whose relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participatingin n any manner as an employee in such decision. 15 16 GUIDELINES: Common sense and good judgment will dictate the proper course of action in most situations. However, remember that if there is a question in your mind of even a slight conflict of interest, others will tend to exaggerate it. The best policy is to resolve such questions by addressing them at the outset so they will not become embarrassing problems later. Such matters can easily be addressed by discussing them with your supervisor. Handling these matters in this manner should avoid any occasion for disciplinary action. However, depending upon the severity, any violation of this policy may result in disciplinary action up to and including termination. A. Employees and their relatives should not enter into any contract with any component of the Town for financial gain, apart from any employment contract, without full disclosure and satisfactory management of any potential conflict of interest in accordance with this policy to avoid an actual conflict of interest. B. Employees should not be involved in the decision to hire or in the supervision of any member of their immediate family. C. Employees should not participate in decisions regarding conduct of Town business with any private party by whom the employee or a relative is employed or is actively seeking employment. D. Employees must refuse any and all non-food gifts presented by any member of the public (i.e. citizens, developers, applicants, etc.). Employees may accept gifts of food (i.e. cookies, candy, donuts, muffins, etc.) as long as the item is placed in the break room or in any other area where it may be shared with all Town employees. Employees may not solicit or accept a meal (lunch, dinner, etc.) from any member of the public. If it is necessary for an employee to attend a business lunch or dinner, he/shethey will be reimbursed for his/ -her -their out-of-pocket expenses in accordance with the Finance Department's reimbursement procedures. This provision does not prohibit: Solicitation or acceptance by an employee of loans from banks or other financial institutions on customary terms to finance proper and usual activities of the employee. 2. Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars, and other items of nominal intrinsic value. E. No Town employee in their official capacity as an employee of the Town shall publicly endorse the product or service of a commercial vendor. Employees shall not knowingly permit any commercial vendor the use of the employee's name or photograph, as associated with the Town, in any manner, which gives the appearance of an endorsement or the promotion of such vendor's product or service. F. Employees may refer to the ICMA Code of Ethics, which is available from Human Resources. 17 Town of Fountain Hills Personnel Policies and PFoeeduFes SECTION: CONDITIONS OF EMPLOYMENT POLICY: SOLICITATION POLICY NO: 2-"208 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish a policy concerning solicitation in the workplace. STATEMENT OF POLICY: Solicitation by an employee of another employee is prohibited during the working time of either person. Working time is defined as time when an employee's duties require that he4hethey be engaged in work tasks. Girl Scout cookie sales or containers asking for donations during the holiday season, etc. are examples. Distribution of printed materials or literature of any nature shall be limited to non -work areas at non -work times. No literature shall be posted anywhere on the premises without the authorization of Human Resources. Solicitation and/or distribution of materials on eompaffyTown property by persons not employed by the Town of Fountain Hills areis prohibited at all times. SCOPE: This policy applies to all Town employees. IV Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: POLITICAL ACTIVITY POLICY NO: 20-7209 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To establish a policy governing the political activity of Town employees in conformity with A.R.S. § 9-500.14 and Town Code § 3-2-4. STATEMENT OF POLICY: All employees will remain free from any political activity in a Fountain Hills municipal election: 1. No employee may solicit or attempt to solicit support for a candidate or political party involved in a Fountain Hills municipal election f em any e . leveeor-appointed 44eia . 2. No employee may take any part in the campaign of a candidate participating in a Fountain Hills municipal election but may vote as a citizen. 3. An employee may exercise their rights as a citizen to vote and to express opinions as an individual citizen, but not as a representative of the tTown. No paid employee will seek election to public office with the tTown while still employed by the toA Town. Any employee desiring to hold such office will resign from their position upon filing for the office. Employment will terminate upon filing for the office of Town Council by any employ. NePolitical activity on the national, state, or county level is unrestricted, except that no paid employee will use their position to sell, solicit or distribute any campaign material during working hours or in a uniform used by or identified with the tTown government. No paid employee will use their position to introduce, guide or recommend any candidate for public office on gown property. SCOPE: This policy applies to all Town employees. PROCEDURE: Violation of any provision of this Policy shall be deemed sufficient cause for disciplinary action up to and including termination. Nothing contained in this Policy shall be interpreted or construed in a way that denies any employee leis-er leftheir civil or political liberties as provided by law. This section does not prohibit an employee from voting as provided bylaw and are encouraged to do so. 19 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: NEPOTISM AND PERSONAL RELATIONSHIPS POLICY NO: 285210 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: The purpose of these guidelines is to clarify the Town's process for the hiring and retention of relatives of current employees and personal relationships between employees. In all cases, professional standards and expectations should be discussed during a credible selection process and if conflicts arise during employment, they should be dealt with promptly. STATEMENT OF POLICY: As explained in the Town's policy on conflicts of interests, favoritism or extended courtesies can create unwanted problems for an organization. For this reason, the Town desires to avoid situations where there is a romantic, personal or marital relationship between a supervisor and a subordinate, or between co-workers in the same department. The Town will not employ individuals in close personal relationships which may include, but are not limited to, spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws to work under the direct supervision of another such family member. No relative (spouse, child, grandchild, parent, grandparent, sibling, or in-law), of a Town Council member or the Town Manager, shall be employed by the Towne F,,�� during that individual's tenure. The Town believes that romantic. datine. or sexual relationships between emplovees who are in the same chain of command, has the potential to disrupt the work environment. Some of the possible adverse effects of such relationships may include the following: poor work performance or attitude; distraction from work duties; creation or suggestion of a sexually hostile or offensive work environment for the involved employees others around them; and the possibility, appearance, and/or perception of favoritism or conflict of interest. For these reasons, and in furtherance of its policyagainst sexual harassment in the workplace, the Town forbids its supervisors to have a romantic. dating. or sexual relationship with anv other emnlovee who is under them in the chain of command. In regard to non -supervisory relationships, the Town will become involved and will take appropriate action if problems resulting from such relationships manifest themselves on the job. In all cases of employment with the Town, the Town reserves the right to transfer or reassign any employee at any time with/without cause or notice. W Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: SECONDARY EMPLOYMENT POLICY NO: 283211 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish guidelines for Town employees concerning outside employment. STATEMENT OF POLICY: The Town of Fountain Hills does not generally prohibit employees from engaging in secondary employment. However, each full-time employee's Town position should be considered the employee's primary employment. Therefore, the Town of Fountain Hills does prohibit secondary employment when it interferes with the employee's Town duties, involves a potential conflict of interest, or in any way compromises the integrity or credibility of the Town of Fountain Hills government in the community. SCOPE: Town of Fountain Hills' employees should avoid: A. Secondary employment with an entity that conducts business with the Town without full disclosure and satisfactory management of any potential conflict of interest. B. Secondary employment which cannot be accomplished outside of the employee's normal working hours or is otherwise incompatible with the performance of the employee's duties by placing the employee in a position of conflict between the employee's role with the Town and the employee's role in the outside employment. C. Performance of work for any governmental entity within the State of Arizona without the written consent of both employers. D. Secondary employment which exploits official position or confidential information, acquired in the performance of official duties for personal gain. E. Secondary employment which may be viewed by the public as work on behalf of the Town. Due to the importance of the public's perception of the Town government, all employees who engage in secondary employment must disclose such work on a "Secondary Employment Declaration" form (See Exhibit 209- A). Secondary employment is subject to review for conformance to this policy. Employees engaged in secondary employment determined not to be in conformance may be required to cease such employment. If there is any question regarding secondary employment or volunteer positions, it is recommended these be discussed in advance with supervision. Employees who hold positions classified as exempt are normally permitted to engage in secondary employment. VOLUNTEER ACTIVITIES: Employees are encouraged to engage in volunteer activities, especially activities to improve community life. However, employees should evaluate their volunteer activities in the same manner as outside employment to identify any potential conflict with the employee's Town position and discuss these potential conflicts with 21 their supervisor on an individual basis. Employees should declare volunteer activities only if the employee believes there is some reason for concern consistent with the spirit of the policy. TOWN OF FOUNTAIN HILLS SECONDARY EMPLOYMENT DECLARATION Employee Name: Position: Department: In accordance with Town policy, I hereby declare the following secondary employment: Other Employer Name: Other Employer Address: Position/Title (if any): Hours of Work: Description of work performed: Employee Signature: Approved: Yes No Immediate Supervisor Signature Comments: Approved: Yes No Department Head Signature Comments: Approved: Yes No Town Manager Signature 22 Date: EXHIBIT 301211-A Date Date Date Comments: 23 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: HARASSMENT POLICY NO: 24-0212 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish a policy prohibiting harassment in the workplace and provide a method by which claims of harassment may be investigated and resolved. STATEMENT OF POLICY: ---melceme seal-ad-vanees; ^lu ,;n^ DepaFtm^^* Heads, supeWiSOFs and ernpleyees.lt is anticipated that Town employees will treat each other with courtesy and civility at all times, and harassment or intimidation of any form will not be tolerated. It is specifically unlawful, and therefore strictly forbidden, for any_person to harass an employee based on sex, sexual orientation, race. color, ancestrv. national oriain. religion. age. disabilitv. or anv other legally protected characteristic. SCOPE: Harassment is :defined as any conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating anv intimidatine. hostile. or offensive work environment. based on that individual's race. color. Bender. sexual orientation, national origin, reli ig on, age, or disabili Sexual harassment: TSexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical miseen&et of a sexual aatufe nsfitt e sexual h ..,,ssment when: conduct of a sexual nature. Sexual harassment may include explicit sexual nronositions. sexual innuendo. suBBestive comments. sexuallv oriented "kidding" or "teasing," "practical jokes," jokes abouten�pecific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and physical contact such as patting, pinching. or brushing against another person. Sexual harassment may occur between members of the same or opposite gender. Other harassment: Other harassment consists of unwelcome comments or conduct having specific or reasonablv implied references to race, color, national origin, religion, age, disability, or any other legally protected characteristic. Such harassment may include, without limitation, insulting comments, "kidding," "teasing," and "practical jokes," slurs, taunting, verbal abuse or epithets, degrading comments or jokes, jokes about certain traits, and insulting pictures, drawings, objects, cartoons, posters, pictures, or printed or other visual material. Unlawful harassment: Such harassment is unlawful when: 1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. PROCEDURE: Every employee of the Town has an affirmative duty to maintain a work place free of harassment and intimidation. An employee should take complaints or reports of harassment directly to their supervisor, or, if their supervisor is the subject of the complaint, or if there is some other reason for doing so, to their supervisor's supervisor (See Exhibit 2-4-0212-A). Department Heads or supervisors who receive complaints or reports of harassment must immediately inform the Human Resources Administrator of such complaints. The Human Resources Administrator will expedite an investigation into the allegations. Confidentiality of all parties involved in a harassment charge shall be respected except to the extent that it interferes with the Town's legal obligation to investigate allegations of misconduct and to take appropriate action. When an investigation has been conducted, all associated persons will normally be advised of the outcome of the investigation. The Town Manager shall take such disciplinary action as is warranted, up to and including termination of the offending party. The Town shall not eendene repfisal in any fefm against the aggfievedperson or ,.,,,-.-ei.ef ating itnessesAn�reprisal or retaliation for reporting harassment under this policy or participating in an investigation is strictly prohibited. All department heads, supervisors and employees must attend harassment prevention training when provided by the Town. 25 EXHIBIT 2"212-A EMPLOYMENT DISCRIMINATION AND/OR HARASSMENT 90'_. \_ _ 1.110 Name (please print) Home Street Address City, State, Zi Home Phone No. Work Phone No. If you are a current Town employee: Supervisor's Name: Department: Do you believe you have been discriminated or harassed on the basis of: Race National Original Age Religion Other Sex Disability Color Retaliation Briefly describe the nature of your complaint: Please explain the problem as you see it and any ideas you have to solve the problem. Where possible, specify the date(s) of the incident(s) and name(s) involved. If additional space is needed, please attach additional pages. The Town of Fountain Hills will not tolerate employment discrimination or harassment upon an employee's or applicant's race, color, national origin, sex, sexual orientation, religion, disability or age. An employee or applicant asserting a good faith employment discrimination or harassment complaint and/or participating in an investigation of such a complaint will be protected from retaliation or discipline. Any employee found guilty of harassment or retaliation will be disciplined, up to and including termination. Signature: Date: 26 Town of Fountain Hills Personnel Policies and u,.oeed Fes SECTION: CONDITIONS OF EMPLOYMENT POLICY: ABSENTEE REPORTING, PERSONAL PHONE CALLS, AND RECORD CHANGES POLICY NO: 2-1213 EFFECTIVE: July 1, 2017 REVISED: june 15,20 PApril 20, 2018 PURPOSE: To establish procedures for absentee reporting, personal telephone calls, and record changes. PROCEDURE: I:I: 11WN1_01Do73Z1771_Y10" Whenever an employee is unable to report for work for any reason, he-of—,hethey must contact he their immediate supervisor or designee telephonically or by email at least thirty (30) minutes prior to the start of his oF4wftheir scheduled working hours or as soon as otherwise practicable. 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 �their 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 the employee's immediate supervisor or designee to relay a message on behalf of the employee prior to the start of the employee's scheduled working hours. A 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 in very specific circumstances, may result in the employee being placed on leave without pay status for the duration of the absence. When an employee needs to leave work during the workday, the employee should notify his or- heheir immediate supervisor or designee. In all cases, if the immediate supervisor or designee is not available, the employee should either contact his er hertheir 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. 27 I l[I II7 & I ACIE I 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 2-4213-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. EXHIBIT 244213-A Town of Fountain Hills PERSONAL INFORMATION CHANGE FORM Please PRINT CLEARLY and sign and date at the bottom of the form. Return to Human Resources, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Type of Change (check all that apply) Name Required to be brought to Human Resources 1. New tax forms (W-4 and A-4) 2. Copy of new Social Security Card reflecting the name change or a copy of the receipt from Social Security confirming an application for a new card. 3. I-9 (with two of the sections completed; Section 1 with the OLD name; Section III with the new name). Section II must be completed by a Human Resources representative in your presence. Emergency Contact Telephone Address Marital Status Change of Gender (check one) Male to Female Female to Male Employee Name (Example: Smith, Jane A.) New Name (Example: Jones, Jane S.) Social Security Number/Employee ID Employee Home Phone (with area code) Local Street Address City, State, Zip Code Does this address update also apply to W-2 mailings? (check one) Yes No Emergency Contact (Example: Jones, John B.) Emergency Contact Phone Number (with area code) Marital Status Employee Signature Married Divorced Separated Single at Date Widowed Town of Fountain Hills Personnel Policies and PFOee UFeS SECTION: CONDITIONS OF EMPLOYMENT POLICY: DRESS CODE AND UNIFORMS POLICY NO: 242214 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To provide guidelines for the appearance of Town employees when performing duties and conducting business for the Town. STATEMENT OF POLICY: All Town employees are expected to present a positive, professional, and appropriate image consistent with the duties and assignments of each employee. This policy represents the minimum standards which will be applied to all departments. Most departments have at least some uniqueness in terms of operating needs, such as customer expectations and safety. Therefore, departments may have more restrictive standards if such standards are approved in writing by the Town Manager. Department Heads and supervisors are responsible for determining and enforcing the dress code for their respective areas of responsibility. SCOPE: The Town recognizes the changing nature of fashion; however, the professional image of the Town is maintained, in part, by certain expected norms of professional appearance, of personal neatness, cleanliness, and good grooming which are applicable to all employees. Extravagance and extremes of style and attire are not in good taste in a public service environment. The Town reserves the right to advise any employee at any time that their grooming, attire, or appearance is unacceptable. All clothing which is worn on duty shall be neat, clean, properly pressed and well maintained. Casual apparel and footwear are not appropriate unless directly related to the job assignment, or a special event, or medical condition approved by the Town Manager. All employees shall maintain personal grooming habits which do not detract from their ability to perform their job or adversely affect the working conditions of fellow employees. POLICY: The Town's primary objective is to have employees project a professional image and also be able to take advantage of a `business casual' dress policy as an alternative to the professional attire of dresses, suits, ties, and dress shoes. Employees are expected to maintain an appearance that is appropriate to the work situation. All employees are responsible for complying with this policy. If a supervisor feels that an employee's apparel or grooming is not appropriate, the matter will be discussed with the employee. If a pattern of non-compliance develops, progressive discipline will be administered as appropriate, up to and including termination. The following information is intended to serve as a general overview of acceptable business casual wear as well as a listing of some of the more common items that are not appropriate for the office. Neither group is intended to be all inclusive. Rather, these items should help set the general parameters for proper casual business wear and allow you to make intelligent judgments about items that are not specifically addressed. A good rule of thumb is that if you are not sure if something is acceptable, choose something else or inquire first. NK Professional Attire Positions that involve frequent, direct public service contact, i.e. those where meeting the public is an inherent function of the position, and where such contact would normally occur daily, are subject to the following appearance standards: In general, male employees shall wear neat and clean dress slacks and dress shirts or conservative shirts. Neckties, suits and sport coats should be worn whenever the employee has contact with individuals similarly dressed. Footwear shall be maintained in a clean and polished manner and socks should be worn. (Sneakers and gym, jogging, and tennis shoes are inappropriate unless directly related to the job assignment, or a special event or medical condition approved by the Town Manager). In general, female employees shall wear neat and clean dresses or skirts of an appropriate business length, generally two (2) inches above the knee or lower, or may wear dress slacks, blouses and footwear compatible with clothing worn by counterparts in the business office environment. (Gym, jogging, sneakers, beach sandals, and tennis shoes are inappropriate unless directly related to the job assignment, or a special event or medical condition approved by the Town Manager). Field positions in Development Services and Community Services will be covered by departmental dress policies which may include a requirement to wear a Town provided uniform. Uniformed employees must wear neat and clean uniforms at all times. Business Casual The principal differences between professional dress and business casual are decreased formality, such as the absence of a tie, the substitution of a polo shirt for dress shirt, the substitution of a sweater for sports coat for men, and more informal skirts, dresses, pants and shoes for women. Business casual dress in some areas may necessarily be "dressier" than in others due to the nature and frequency of contacts with the general public or government officials. The objective of business casual dress is to be comfortable, while still maintaining a professional business environment. Casual business wear encompasses many looks, but it really means casual clothing that is appropriate for an office environment. It is clothing that allows you to feel comfortable at work, yet always looks neat and professional. Clothing such as casual slacks, polo shirts, sweaters, and casual shoes would be appropriate. In general, acceptable male attire consists of khaki or casual style slacks, collared shirts, whether polo style or button-down shirt. Socks and a belt must be worn. In general, acceptable female attire consists of khaki or casual style slacks, casual blouse, sleeveless blouse, or polo style shirt. Casual/Dress Down Thursday Dress -down days have become very popular as a strategy for improving morale among employees. Thursdays of each week will be considered a dress down day. Attire for dress down days will be "relaxed casual" and may include jeans, athletic or tennis shoes and sandals. There are times when traditional business attire is to be worn on casual days. Take your day's schedule into account when you are dressing. If you have a meeting scheduled with visitors, or if you are advised that others in the department will have visitors with whom you will come in contact, you will want to dress in professional/business casual attire. And, of course, professional attire is always acceptable if that is your preference. 31 Exceptions: Anytime scheduled meetings or other work commitments involve the general public, outside business representatives, or government employees outside the Town, good judgment in choice of attire is expected. This will normally mean wearing professional dress attire for that day. Individuals employed in areas where safety equipment or other uniform or dress considerations are in place due to occupational health and safety or other business related reasons, must adhere to those safety standards deemed appropriate by the department head. This may preclude the wearing of tennis shoes, for example. Under no circumstances may employees wear halter tops; strapless tops; spaghetti straps; tank tops, midriff/cropped tops; any garment with words or pictures that may be offensive, demeaning or discriminating to others; see through (sheer) or mesh clothing that shows undergarments; torn clothing, or clothing with holes in it; clothing designed specifically for sporting activities (i.e. as sweats, shorts, leggings, spandex, skorts, bib overalls, thongs, flip flops); sleepwear; faded clothing; clothing more appropriate for evening or leisure wear (i.e. miniskirts, low-cut tops, or any revealing or provocative clothing). All clothing must be clean, neat, and fit properly (This eliminates sty"jqftr than being either excessively baggy Vidor extremely tight elo . Work -Study Students Students (Interns) frequently work in support of regular department employees in return for educational credit and/or financial aid subsidies. Dress for these employees is casual but not controversial. Some consideration must be given to the fact that students have limited means and are usually working between classes. If safety clothing or equipment is deemed necessary by the department, such clothing will be furnished by the department. T-shirts bearing language or art which is likely to offend others, torn clothing, unkempt appearance, or revealing clothing which exposes parts of the body typically covered in that work setting should be avoided. Jewelrv. Tattoos. Facial Hair. and Hairstvles Earrings are acceptable; however, no more than two earrings may be worn on each ear while working. Rings through the nose, eyebrow, tongue, or body parts (other than the ear lobe) visible to the public may not be worn while working. All tattoos must be small in size or covered at all times and may not be offensive in nature. Facial hair is permitted as long as it is neat and well -trimmed. Hair should be clean, combed, and neatly trimmed or arranged. (Departmental policies for uniformed field positions may require tattoos to be covered at all times, may prohibit jewelry, and may prohibit facial hair). Job-related safety when operating potentially dangerous machinery with moving parts, or jobs with public health considerations such as serving or cooking food or resuscitation may nevertheless require appropriate adjustments. This is not an all -inclusive dress code policy. Any attire which causes a distraction from the normal business of Town employees or is a safety hazard will be addressed. The very nature of our business requires daily contact with many people from all walks of life. Therefore, projecting a professional image and appearance is very important. Employees will be requested to return home to change and return to work if not complying with the Town's appearance/grooming and footwear policies. Employees will be sent home on vacation leave (if available and with supervisory approval) or will not be compensated for this time out of the office. A documented verbal counseling should be given to the employee and the Town's dress and appearance standards should be 32 reviewed. A second or subsequent deviation from acceptable grooming and attire standards will again result in the employee being sent home on vacation or unpaid leave. Such subsequent incidents will be cause for disciplinary action up to and including termination. Employees with religious needs related to this policy may be reasonably accommodated and should discuss those needs with their supervisor and/or Human Resources. 33 Town of Fountain Hills Personnel Policies and PFOe„a,,,.^c SECTION: CONDITIONS OF EMPLOYMENT POLICY: VIOLENCE IN THE WORKPLACE POLICY NO: 24215 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: The safety and security of all employees is of primary importance at the Town of Fountain Hills. STATEMENT OF POLICY: Threats, threatening and abusive behavior, or acts of violence against employees, visitors, ^iiicitizens, or other individuals by anyone on Town property will not be tolerated. Violations of this policy will lead to corrective action up to, and including, termination and/or referral to appropriate law enforcement agencies for arrest and prosecution. The Town of Fountain Hills reserves the right to take any necessary legal action to protect its employees. SCOPE: This policy applies to all Town employees POLICY: Any person who makes threats, exhibits threatening behavior, or engages in violent acts on Town premises shall be removed from the premises as quickly as safety permits and shall remain off Town premises pending the outcome of an investigation initiated by the Town Manager or designee. Following investigation, the Town of Fountain Hills will initiate an immediate and appropriate response. This response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved. All employees have a duty to warn and are responsible for notifying management of any threat that they witness or receive or that they are told another person witnessed or received. Even without a specific threat, all employees should report any behavior they have witnessed that they regard potentially threatening or violent or which could endanger the health or safety of an employee when the behavior has been carried out on a Town -controlled site or is connected to Town employment or Town business. This includes, for example, threats or acts of violence. aearessive behavior. offensive acts. discussion of brinainc weapons into the workplace, threatening or offensive comments or remarks, and the like. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. The organization understands the sensitivity of the information requested and has developed confidentiality procedures that recognize and respect the privacy of the reporting employee. 34 Town of Fountain Hills Personnel Policies and Pr-oe, dares SECTION: RECORDS POLICY: CONFIDENTIALITY AND EMPLOYEE RECORDS POLICY NO: 301 EFFECTIVE: October 7, 2004 REVISED: August , , 2012April 20, 2018 PURPOSE: To establish guidelines for release of information and access to employee records. SCOPE: Town employees have a right to expect that their personal information will be held in strictest confidence and that only authorized persons will have access to the information. Regardless of the position for which an employee was hired, h"they are entrusted with the responsibility to maintain fellow worker's rights to confidentiality. The release of any information to unauthorized individuals is a breach of this policy and will be cause for disciplinary action up to and including termination. As a publie entity, the Town is the eustedian of various publie r-eeer-ds to which eitizens should have Feady aeeess. Dir-eetar-s of depaftments that maintain sueh publie reeor-ds are responsible for- training their- employees in pr -e ,idiag the r-eqir-ed publie aeees&. Access to the personnel files of Town employees are controlled as follows: The employee may examine their personnel file in the Human Resources Office at reasonable times upon reasonable notice. 2. The immediate supervisor or Department Head may examine, in the Human Resources Office upon reasonable notice, the personnel file of any employee under their supervision or being considered for a position under their supervision. 3. The Town Manager may examine any employee's personnel file at any time. 4. Any individual who has written authorization from the employee to review the personnel file may do so (e.g. officials of an agency to which the employee has applied). 5. An employee's personnel file may be examined upon request by an investigator of a state or federal law enforcement agency with a valid legal reason for such examination. 6. An employee's personnel file may be duly subpoenaed in a legal action. 7. The home addresses and telephone numbers of Town employees are not public information and will not be released without the written consent of the employee. Pursuant to A.R.S. §39-121 et. seq., any person may request to examine or be furnished copies of any public record. The Town of Fountain Hills' policy prohibits the disclosure of confidential personal information about an employee without the employee's written consent. The Human Resources Administrator will release an employee's personnel file for viewing for production to outside sources 35 only after an audita review t has been performed on the file to ensure that any suehconfidential information (such as birth date, SSN, home address, home phone number, spouse/dependent and medical information, etc.' is edited from the is redacted to the extent legally required prior to viewing it. Town of Fountain Hills Personnel Policies and Pr -o .eduFes SECTION: RECORDS POLICY: PERSONNEL RECORD KEEPING POLICY NO: 302 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish procedures for the creation and maintenance of personnel records for the Town. STATEMENT OF POLICY: An official personnel file is established and maintained for each employee upon hire. These files are housed in the Human Resources office and are the property of the Town. Official personnel records include, but are not limited to: Application forms; performance appraisals; written corrective action forms or memoranda; employee status forms; training records; documents relating to certification/licensure; formal commendations; benefit forms; tax forms; and payroll records. Background/reference checks; interview notes; and medical records are maintained separately. EEOC self - identification forms and I-9 forms should also be maintained in a separate file. Employees may inspect their official personnel file at reasonable times upon reasonable notice in accordance with Policy 301. SCOPE: This policy applies to all employees and all personnel records. RRI Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: RECORDS POLICY: PERFORMANCE EVALUATION POLICY NO: 303 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: To establish a system of periodic evaluation of the work performance of Town employees. STATEMENT OF POLICY: The performance evaluation is an essential and effective communication tool in the management of the Town's workforce. Performance management, of which the evaluation process is an integral part, is at the core of productivity and the quality of service provided for the citizens of the Town of Fountain Hills. The performance evaluation provides direction for individual and group staff development. SCOPE: An employee may be reviewed at any time, but a formal performance evaluation is done at least once annually. Introductory employees are reviewed prior to the end of their designated introductory period with a recommendation for regular status, introductory rejection, or extension of the introductory period. Every full-time Town employee will normally receive a formal written evaluation of work performance for the twelve (12) month period preceding the designated evaluation date of his4wAheir current employment with the Town. Part-time employees will not receive a formal written evaluation of work performance until they have completed a minimum of 1040 hours. Performance evaluations will be made on the forms provided by the Human Resources office and will be completed and delivered to the Human Resources office no later than ten (10) working days after the evaluation due date. New employees will receive a performance evaluation prior to the completion of their designated introductory employment period. These reviews will take place regardless of whether the employee is eligible for a pay increase. A performance evaluation is not necessarily linked with a salary increase. Employee self -evaluations may be completed, but are not required and are strictly voluntary. Performance evaluations are completed by the employee's supervisor. All performance reviews will be reviewed and signed by the Supervisor, Department Head, and the Human Resources Administrator prior to the performance review conference taking place with the employee. The Employee Status Change form with the recommended salary increase, if any, must also be reviewed and signed by the Supervisor, Department Head, Human Resources Administrator, and Town Manager prior to the performance review conference taking place with the employee. These signatures signify agreement with the contents of the performance evaluation, as well as format and thoroughness. After discussion, the employee signs the evaluation to confirm that an opportunity for review was provided. Refusal of the employee to sign does not invalidate the evaluation. The employee is given a copy of the evaluation and all original performance review forms are maintained in the employee's personnel file location in the Human Resources office. Supervisors are strongly encouraged to keep employees aware of their level of performance through the normal managerial coaching process so that the performance evaluation itself is merely a formalization of what both the employee and the supervisor already know about the employee's performance and about his/hertheir development needs and desires. When an employee is away from work due to a leave of absence greater than thirty consecutive working days, the employee's review date will be extended accordingly. 37 Town of Fountain Hills Personnel Policies and ftoeeduFes SECTION: RECORDS POLICY: JOB DESCRIPTIONS POLICY NO: 304 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish a job evaluation program that provides a systematic and equitable method of evaluating all jobs within the Town of Fountain Hills. STATEMENT OF POLICY: A job description is a formal document describing the nature, scope, physical requirements, and responsibilities of a specific job within the organization. Job descriptions are used for purposes of training and development, annual performance appraisals, promotions, recruiting, and hiring. Job descriptions are prepared by the incumbent employee, supervisor, and the department director, with final review by the Town Manager and Human Resources, and approval by the Town Council. SCOPE: Human Resources or the Town Manager's designee is responsible for: 1. Administering the overall job description program; 2. Providing the necessary training, instructional materials, and assistance to employees, supervisors, and department directors; 3. Monitoring job descriptions for proper format; 4. Maintaining a central file of all current job descriptions; 5. Ensuring that all positions have a job description. Supervisors and department directors are responsible for reviewing and approving job descriptions for their areas; 6. Reviewing job descriptions on an ongoing basis to ensure their accuracy. All jobs within the organization must be evaluated and assigned a job grade and classification in accordance with Policy 601 and 701. All new positions must be evaluated and approved before the job can be posted. When the duties of a job change significantly, it may be necessary to reevaluate the job's classification. The Town Manaeer has the discretion to reauire emplovees to work outside their iob description as deemed appropriate under the circumstances. The Town Manager may require workgroups to cross -train and redeploy across departments, divisions, or sections in order to ensure essential functions are completed. In some cases, contractors or part-time employees will be hired on a temporary basis to fulfill essential service requirements. In these instances, provisions will be made to allow for temporary access to Town resources (door badges, access to shared physical and digital files, etc.) as necessary. Town of Fountain Hills Personnel Policies and PFoeednFes SECTION: HEALTH AND WELFARE POLICY: DRUG AND ALCOHOL ABUSE AND TESTING — ALL EMPLOYEES POLICY NO: 401 EFFECTIVE: October 7, 2004 REVISED: A-uVst1, 204-3April 20, 2018 PURPOSE: The Town is committed to maintaining a Drug Free Workplace that is safe, healthy and productive work environment for all employees free from the effects of substance abuse. Abuse of alcohol, drugs, or controlled substances impairs employee judgment, resulting in increased safety risks, injuries, and faulty decision making_ SCOPE: This policy applies to all Town employees and all applicants who have received conditional offers of employment with the Town in a "safety sensitive" position. RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and documentation of the Drug and Alcohol Abuse and Testing — All Employees Policy for the Town of Fountain Hills. All Town personnel with supervisory responsibility will have knowledge of and be responsible for the communication, enforcement, and adherence to this policy. POLICY: To ensure a safe and productive work environment the Town prohibits the use. sale. dispensation manufacture, distribution or possession of alcohol, drugs, controlled substances, medical marijuana, or drug paraphernalia on any Town premises or work sites. This prohibition includes Town -owned vehicles, or personal vehicles being used for Town business and/or parked on Town property. Additionally, the Town may take disciplinary action, including discharge, for the illegal (under federal or state law,) off-duty use, sale, dispensation, manufacture. distribution. or possession of druas and controlled substances and the illeeal use or distribution of alcohol. No employee shall report to work or be at work with alcohol or with any detectable amount of prohibited drugs in the employee's system or otherwise be impaired. A detectable amount refers to the standards generally used in workplace drug and alcohol testing_ Medical Marijuana. Subiect to its designation of Safetv-Sensitive Positions. the Town will not not make emnlovment decisions relating to a medical marijuana cardholder, based solely on their status as a cardholder or solelyupon a positive drug test for marijuana. However, cardholders may be disciplined or terminated if impaired while at work, or if the employee possesses or uses marijuana while at work. Signs of impairment include but are not limited to: red, bloodshot eyes; dilated pupils; poor concentration; impaired perception of time; loss of energy impaired perception of distance; abnormal or erratic behavior; slow and deliberate responses; slow reflexes; incoherent speech; odor; and impaired balance or coordination. Additionally, if the Town would lose a monetary or licensing benefit under federal law or regulation, including the Drug-free Workplace Act, the Town will enforce its drua nolicv reaardless of an emnlovee's status as an Arizona medical mariivana registered cardholder. 39 When an employee must take prescription or over-the-counter drugs, the employee must ask the medical professional or pharmacist if the drughas as any side effects which may impair the employee's ability to safely or productively perform the employee's job duties. If there is potential impairment of the employee's ability to work safely or productively, the employee must report this information to the supervisor. With input from the employee, the Town will determine if the employee should work in their regular job, be temporarily assit to another job, or placed off work. Furthermore, if the Town has designated a position as safety -sensitive and the Town has a good faith belief that the employee is using any drug, whether legal, decriminalized, or prescribed by a physician, that could cause an impairment while working, or otherwise impact the employee's job performance or ability to perform job duties, then the Town may take appropriate action to exclude the employee from the safety -sensitive position. For instance, the Town may assign the employee to another job or place the employee off work. Any violation of this policy will result in disciplinary action up to and including termination. EMPLOYEE AND APPLICANT DRUG AND ALCOHOL TESTING To promote a safe and productive workplace, the Town will conduct the following types of Drug and Alcohol testing as described below: A. Post-Offer/Pre-Employ B. Reasonable Suspicion C. Post -accident D. Return-to-Duty/Follow-up Testing CATEGORIES OF EMPLOYEE SUBSTANCE TESTING A. Post-Offer/Pre-Employment Testing_ 1. All persons seeking employment with the Town in a position designated as "safety -sensitive" shall undergo post -offer drugtesting esting on or around the time employment commences. Applicants will be informed that as a condition of employment they must pass a drug screening test. 2. Applicants who test positive will be notified that they have not met the standards for employ and will be informed they can have the confirmed positive test re -tested by a government certified lab selected b.. t�pplicant. B. Reasonable Suspicion Testing_ An employee will be asked to submit to drug and alcohol testing when the Town reasonably suspects the employee is impaired or has used illegal drugs. 1. Reasonable suspicion testing may result from one of the following examples, and is not limited to the following: a. Specific, personal, and articulable observations concernin t�ployee's speech, walking,,. standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, or irrational or unusual behavior. iI b. The employee's negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others; involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, or any injury to the employee or others. c. Violation of a safety rule or other unsafe work incident which, after further investigation of the employee's behavior, leads the supervisor/manager to believe that the emplope's functioning is impaired. d. Other physical, circumstantial, or contemporaneous indicators of impairment. 2. When a supervisor/manager has reasonable suspicion to request testing, the he supervisor/manager will arrange to transport the employee to the collection site and will arrange for the employee's transport home. 3. The Town will place the employee on a leave pending the receipt of drug testing. If the results of the testing are negative, upon return to work, the employee shall be paid for the leave. However, if the results of the testing are positive, employee will not receive pay for the leave. C. Post -accident Testing: An employee must submit to a drug and alcohol test after an on-the-job accident, including workplace injuries. 1. An accident for purposes of this policy is defined as an incident or occurrence in which: a. A person dies or requires medical treatment. b. Propelly damage is estimated at greater than $250. c. The accident involves use of a Town vehicle. d. The accident involves an employee in a personal vehicle accident while on the job. 2. An employee who is involved in an accident must immediately report the accident to their supervisor/manager. 3. When a supervisor/manager observes or is notified of an accident as defined in #1 above, the supervisor/manager will initiate drug and alcohol testing. The supervisor/manager will order the employee to submit to a urine and/or breath test. The supervisor/manager will arrange to transport the employee to the collection site and will arrange for the employee's transport home. 4. The Town will place the employee on leave pending the receipt of drugtg. The employee shall be paid for the leave if the testing results are negative. The employee will not be paid for the leave if the results are positive. D. Return to Duty/Follow-up Testing M If the Town elects to allow an employee to return to work following a positive test result, the employee must first pass a drug and alcohol test and subsequently submit to a program of unannounced testingfor or a period of not more than 12 months from the date of return to duty THE KINDS OF SUBSTANCES TESTED MAY INCLUDE, BUT ARE NOT LIMITED TO FOLLOWING SUBSTANCES OR THEIR METABOLITES A. Marijuana B. Cocaine C. Opiates D. Phencyclidine (PCP) E. Amphetamines F. Alcohol INSPECTION AND SEARCHES The Town may conduct unannounced inspection for violations of this policy in the workplace, work sites, or Town premises. Employees are expected to cooperate during any inspection. VOLUNTARY TREATMENT The Town supports sound treatment efforts. Whenever practical, the Town will assist employees overcoming drug and/or alcohol problems as long as this policy has not already been violated. If an employee seeks treatment for drug and/or alcohol use, the employee may be eligible to go into a drug and/or alcohol treatment program either through The Town medical insurance program or at their own expense. If the emplovee enters an appropriate treatment program. The Town may place the emplovee on unpaid status, but the employee will be required to use any accrued vacation time and sick leave while participating in the program, so long as the employee is complying with the conditions of treatment. The Town can require a release to work and/or verification that the employee has successfully completed the entire rehabilitation, treatment, and/or counseling program treatment from the health care provider. More information regarding availability of treatment resources and possible insurance coverage for treatment services is available from the Human Resources Department. The employee may also be required to pass a retest, at the employee's expense, before returning to work upon completion of such rehabilitation. treatment. and/or counseline. The emplovee may also be subiect to eriodic retesting after return from leave. SAFEGUARDS/CONFIDENTIALITY All drug tests are performed by a ,government -certified outside laboratory. All ,government -certified outside laboratories strictly follow chain of custody guidelines to ensure the integrily of the testing process. If the results of the initial test are positive, that is, if the results exceed the permitted levels for any of the drugs tested or for alcohol, a second confirmatory test shall be performed. Onlyspecimens that are confirmed positive on the second (confirmatory) test are reported as positive for review and analysis. Human Resources will contact the employee in the case of a positive test result. W An applicant or employee who does not pass a drug test may request that the original sample be analyzed again at the individual's expense by a government certified laboratory. All requests for an independent analysis must be made in writing within 72 hours of notification of a confirmed positive test result. Each applicant or employee will have an opportunity to discuss the test results in a confidential setting. The Town will keep the test results confidential and will share the results only within the Town on a business need to know basis, in administrative law proceedings, and/or when required by law. Each applicant or employee upon their written request may be provided with a written copy of the positive test result. Upon written request within seven days of taking the test, an employee may access records relating to his drug and/or alcohol test. DISCIPLINARY ACTION A. Testing Positive Employees who test positive for drugs and/or alcohol are in violation of this policy. B. Refusal to Comply Employees who refuse required testing are in violation of this policy. C. Interference with Testing Employees who adulterate, tamper with, or otherwise interfere with accurate testing are in violation of this policy. D. Any employee who has been observed using or possessing illegal drugs, medical marijuana, or alcohol during work time, including lunch breaks, or on Town premises is in violation of this polio Assistance The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes that early intervention and support improve the success of rehabilitation. To support its employees, the Town drug-free workplace polices Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Offers all eligible employees and their family members assistance with alcohol and drug problems through the Employee Assistance Program (EAP). If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects your work performance or results in a violation of this policy. If you need assistance in seeking this help, you may contact the Employee Assistance Program (EAP). There is no adverse treatment against an employee for voluntarily undertaking rehabilitation (as opposed to being impaired in the workplace or failing a drug test which do have adverse consequences). EN Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to o the employee. For an employee who is permitted to seek treatment after a failed drug test, the employee shall not be permitted to return to work until they have successfully completed the entire rehabilitation, treatment, and/or counselling program and only for so long as the employee successfully remains in any aftercare program recommended by the rehabilitation, treatment, and/or counselling program. The employee shall also be required to pass a retest, at the employee's expense, before returning to work upon completion of such rehabilitation, treatment, and/or counselling. The employee may also be subject to periodic retesting after return from leave. Shared Responsihility A safe and productive drug-free workplace is achieved through cooperation and shared responsibility_ Both employees and management have important roles to play. All employees are required to report to work unimpaired in a drug free state. In addition, employees are encouraged to: Be concerned about working in a safe environment. Support fellow workers in seeking help. Use the Employee Assistance Program. Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: Inform employees of the drug-free workplace policy_ Observe emploeeperformance. Investi a�ports of dangerouspractices. Document negative changes and problems in performance. Counsel employees as to expected performance improvement. Refer employees to the Employee Assistance Program. Clearly state consequences of policy violations. M Communication Communicating the drug-free workplace policy to both supervisors and employees is critical to its success. To ensure all employees are aware of their role in supporting our drug-free workplace program: All employees will receive a written copy of the policy_ The policy will be reviewed in orientation sessions with new employees. !R DRUG & ALCOHOL ABUSE — ALL EMPLOYEES POLICY ACKNOWLEDGMENT I acknowledge that I have received a copy of the Drug & Alcohol Abuse — All Employees Policy of the Town of Fountain Hills. I further understand that it is my obligation to read and that compliance with the rules and provisions contained within the Policy is a condition of continued employment with the Town. I understand that this policy in no way implies, infers, or guarantees my continued employment for any definite term and that I may be non -selected for hire, disciplined, and/or discharged by the Town for other reasons than failing to follow the terms of the Policy._ M, Town of Fountain Hills Personnel Policies SECTION: HEALTH AND WELFARE POLICY: DRUG AND ALCOHOL ABUSE AND TESTING — EMPLOYEES REOUIRED TO MAINTAIN A VALID COMMERCIAL DRIVER'S LICENSE POLICY NO: 402 EFFECTIVE: April 20, 2018 REVISED: April 20, 2018 PURPOSE: To establish a drug-free workplace and a drug and alcohol testing program conducted in accordance with state and federal law, including Department of Transportation regulations applicable only to certain Town employees. SCOPE: This policy applies , pFep.,.+,. e . he a epeFatffing T.,wn e nt aehi. eFyeF .,L,i.-I.,S only to those Town employees and prospective Town employ whose positions require the possession of a valid commercial driver's license (CDL) 9F who peFf,,...., safety sensitive For purposes of this policy, a Town employee is covered by DOT regulations as those regulations relate to the employee's fitness -for -duty and use of alcohol prior to going on duty, while on duty, or while operating or having physical control of a commercial motor vehicle that �e"ir-es—the d -Fiver- to haA,e a DOT testing for controlled substances under this policy requires that employees abstain from the use of controlled substances at any time or risk violating DOT regulations prohibiting the presence of controlled substances in their bodv. For purposes of this policy. the term "controlled substances" means mariivana. cocaine. amphetamines (includine ecstasv and analoeous druas). opiates. and phencvclidine (PCP). Under this policy performine a safetv sensitive function means all of the time after an emplovee begins to work or is required to be ready to work until the time the employee is relieved from work and all responsibility for performing work. Safety -sensitive functions include: (1) All time spent at Town facilities, property, or any other public property, waiting to be dispatched, unless the employee has been relieved from duty by the Town, (2) All time inspecting equipment as required by the law or otherwise inspecting, servicing, or r-epaiFingconditioning any commercial motor vehicle at antom; *W be disp tehea to eper-aWAll time spent at the driving controls of a commercial motor vehicle in operation; ( ) All time, other €unetiensthan drivingtime, ime, in or upon aa� commercial motor vehicle} except time spent resting in a sleeper berth; (5) All time loading or unloading a eew mer-eial w,,..,.fvehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments—being loaded or unloaded; (vi) per-fafming drive „ts asseeia4edwitheide t; or vii and (6) All time repairing, obtainings assistance, or remaining in attendance upon a disabled eenn e -eial meter vehicle. When an employee must take prescription or over -the counter drugs, the employee must ask the medical professional or pharmacist if the drughas side effects which may impair the employee's ability to safely or productively perform the employee'sjob duties. If there is the potential impairment of the employee's ability WA to work safely or productively, the employee must report this information to the supervisor. With input from the employee, the Town will determine if the employee should work in his regular job, be temporarily assigned to another job or placed off work. RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and documentation of the Drug and Alcohol Abuse Policy for the Town of Fountain Hills. All Town personnel with supervisory responsibility will have knowledge of and be responsible for the communication, enforcement, and adherence to this policy. POLICY: The Town is committed to protecting the safety, health and well-being of all employees and other individuals in the workplace. The Town recognizes that alcohol abuse and drug use pose a significant threat to its goals. Therefore, the Town has established a drug-free workplace program that balances its respect for individuals with the need to maintain an alcohol and drug-free environment. The Town encourages employees to voluntarily seek help with drug and alcohol problems. In order to further these objections, the Town requires that all Town employees covered by this Policy comply with the following_ 1. No employee shall unlawfully manufacture, use, possess, or distribute controlled substances. 2. No employee shall report for work, perform any safety -sensitive functions or, while in the employ of the Town, have at any time, any controlled substance present in their body. Presence of controlled substances will be determined by testing performed as described in this policy. 3. No employee shall perform safety -sensitive functions within 4 hours after consuming alcohol. 4. No employee shall consume alcohol while performing safety -sensitive functions. 5. No employee shall possess alcohol while on duty. 6. No employee shall report to work or perform safety -sensitive functions while having an alcohol concentration of .02 or greater. Employee alcohol concentration will be determined by testing performed as described in this policy. 7. No employee shall leave the scene of an accident, without a valid reason, before arranging to have both a controlled substance and alcohol test performed. 8. No employee shall consume alcohol after an accident unless 8 hours have expired, the employee has been tested or the Town has determined that the employee'sperformance could not have contributed to the accident, whichever occurs first. 9. No employee shall refuse to take a required test. Any violation of this policy will result in discipline up to and including termination under the Town's independent authori , , as provided for by the DOT. An employee who tests positive for marijuana is in violation of this Policy, even if the employee is an Arizona medical marijuana registered cardholder. Be advised that a positive drug test for marijuana constitutes a violation of this Policv and may lead to vour termination. For more information. please sneak vour supervisor and/or Human Resources. M Employees who adulterate or otherwise interfere with accurate testing required pursuant to this policy are in violation of this policy. Any employee who has been observed using or possessing controlled substances or alcohol during work time, including lunch breaks, or on Town property, is in violation of this policy. The Town will not hire applicants who test positive for controlled substances. The Town will provide to any employee who violates a DOT drug and alcohol regulation a listing of Substance Abuse Professionals readily available to the employee. Minimum Consequences of Violation as Mandated by D.O.T. If an employee tests positive for a controlled substance or has an alcohol concentration of .02 or greater, the employee will be removed from safety -sensitive functions. To be eligible to return to work after testing at an alcohol concentration of .02 to .039, the employee must be off-duty for at least 24 hours. Pursuant to the Town's independent authority, employee testing between 0.02 and 0.039 may be subjected to discipline up to and including termination. The Town PFGhibitS the possession, sale, e9RSUFnptm9R, OF being ---ndi-r thp influenee of aleehelie beveFages 9F subjeet te this pelicy whe is found pessessing, selling, consuming, 9F being undeF the infl-UP-Imeepe Refale-e-he-11 A -F To be eligible to return to work after a positive controlled substance test or test indicating an alcohol concentration of .04 or greater, the employee must be evaluated by a Substance Abuse Professional (SAP) If the SAP determines that additional treatment is necessary, the employee must complete such treatment. In addition, the employee will be subject to follow-up testing, dFUgS that Fnay impaiF that peFSE)ns' ability to safely perfaFm the job, or affect the safety GF Well beoRg--Gf 9-f SUGh ffeseFiptieR eF eveF drugs. in acce—rdance vvith A.R.S. § 36 2913, the Tewn wall The above consequences are minimum requirements as set out by the D.O.T. Compliance with the above does not guarantee an employee will be returned to work following a violation of this policy. Employees will be subject to disciplinary action up to and including termination for violation of this Policy, regardless of eligibility to return to work under the DOT regulations. Before an employee returns to duty requiring the performance of a safety -sensitive function after violating the alcohol or controlled substance provisions outlined by DOT. the emplovee shall undergo a return-to-dutv test with a result indicating a verified negative result. PROCEDURES: TESTING: M NEI General For the purpose of ensuring compliance with the Federal Department of Transportation regulations and this policy, applicants for safety -sensitive positions and employees who perform safety -sensitive functions will be subject to controlled substance and alcohol screening under the circumstances described below. Applicants and employees are required to submit to testing in the following circumstances as a condition of their employment. Post-Offer/Pre-Employment Testing Applicants for Town positions that require possession of a valid commercial driver's license that are deemed by the Town to be "safety -sensitive" undergo a test for the presence of controlled substances post -offer and on or about the time employment commences. Under no circumstances may an employee perform a safety - sensitive function until a confirmed negative result is received. Applicants who refuse to submit to testing will not be hired. Testing for Current Employees 1. Post -Accident Testing Any employee involved in an accident in which a fatality occurs must immediately submit to a controlled substance and an alcohol test. Any employee who receives a citation for a moving traffic violation must immediately submit to a controlled substance test, and an alcohol test if, (a) the accident results in a fatality, or bodily injury to a person who must immediately receive medical treatment away from the scene, or (b) one or more of the vehicles involved is towed from the scene. An employee will not be allowed to return to work until a confirmed negative test result is received. The Town will place the employee on a paid leave pending the receipt the of drugtesting results. 2. Reasonable Suspicion Testin An employee will be required to submit to controlled substance or alcohol test upon reasonable suspicion. Reasonable suspicion means that the actions, appearance or conduct of the employee on duty are indicative of the use and/or presence in the employee's body of a controlled substance or alcohol. Reasonable suspicion is based on specific, contemporaneous, articulable observations concernin the he appearance behavior, speech or body odors of the employ An employee will not be allowed to return to work until a confirmed negative test result is received. The Town will place the employee on a paid leave pending the receipt of drugtesting esting results. 3. Random Testin Employees will be subject to controlled substance testing and alcohol testingay time on a random basis as a term and condition of holding aployee position. Upon being notified of selection, the employee must _ immediately_ proceed to the testing site. Random testing will be spread reasonably, throughout the year and will be unannounced to ensure that no employee receives advanced knowledge of the time of testing. All employees will have an equal chance of being selected each time a random selection is made number of controlled substances tests conducted annually shall equal or exceed 50 percent of the number of employeepositions subject to testing_ NEI The number of alcohol tests conducted annually shall equal or exceed 10 percent of the number of employee positions subject to testing. An employee shall only be tested for alcohol while the employ e�performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. 4. Follow -Up and Return to Duty Testing All employees and prospective employees, as a condition of employment, will be subject to aleohol and di -dg testing for job related puToses consistent with business necessity, ineltiding, but not limited to, pr -e employfnent ser-eening and per-iodie, fa-adom, post aeeident, and reasonable sttspieiofi testing upon seleetion of Any employee who has been required to or voluntarily undergoes rehabilitation for substance abuse must submit to a drug test and receive a confirmed negative test result and an alcohol test (with a result of less than .02) before returning to work. In addition, the employee will be subject to follow-up testing not to exceed 60 months followingthe he employee's return to work. A negative pFe employment dFUg teSt FeSuilt OS FP_qUiFed befOFe an employee ean fiFSt peFfGFm any duties, TESTING PROCEDURES ddirkvpeir y000ll h;w-gpe ;-;n P-qual chanee of being tested eaeh time seleGtiE)ns aFe PA 1. Controlled Substances -hie suspicion -;;nd- H -.r ---g tests will be ad-ministe.red when a supearvi-ser er eff Or --.m-;;' i.A.FhA- i.,; tr-ained F P_ _;; S; A- R _;; _hIP_ SUSPOGOOR that this poloey WaS beepe.p viellated. The peFSGn making S--,C--.h employee just before, dUFiRg OF jUSt afteF PeFfGFM;Rg safety sensitive i_,; to be H-E).np- ;oyothir; 2 he, irs I a4eF _9 . t h., and ri++.,., ;+-,+.,mP_.,+ ..f +h., be p .,.J Controlled substance screeniniz shall be conducted in a laboratory certified by the Department of Health and Human Services (DHHS) and in accordance with the Procedures for Transportation Workplace Drug Testing Programs. All controlled substance screening includes split sampling which provides that a urine sample be split into two separate containers. PeSt ar-cid-e.pt _aleehel -;;Rd dFug testiRg will be ad -Ministered- iA the eve.pt ef aRy meter vehicle acceighap.t treatment away fFem the see.pe ef the aecideRt, eF (00) 9Re eF mare MAtAr vehicies *RGHFFORg disabling damage Fee iriRg +h., ,,.,hiGl., +., be tr-,. sported away by te%y truck A_.r ether meter vehicle 51 Precautions shall be taken to ensure that the specimen is not adulterated or diluted during the collection procedure and that the information on the sample matches the information on the custody and control form. Dilute test results will be treated as follows: if a post aeeident aleohol test is fiet administefed within twe (2) houfs fell idefit, the emplayee shall pfepafe and maintain on file a feeefd -sefis the test YA not pfoper-ly administefed. if a test is not administered within eight (9) houfs after- the aceident, the s"efviser- shall eease a4tempts to have the aleehol tes! administered and pr-epafe and maintain on file a feeer-d stating the reasons the test was fiet defie within said eight (8) Dilute positives are treated as a verified positive test; if a post aeeident eentrolled substanees test is not administered within 32 hours of the accidefA, the stiper-,visor- shall eease attempts to have the eontfolled substanees test administered and prepare and maintain on file a r-eeor-d stating the r-easofis the test was not done within said 32 Dilute negatives with the creatinine concentration equal to or greater than 2 mg/dL but less than or equal to 5 mg/dL will be retested under direct observation. A second dilute negative result will be treated as a negative test result; An employee subjeet to post aeeidefit testing shall remain readily a-vailable for- sueb testing, ifieludifig notifying his/her- supefviser- of his/her- leeation if he/she leaves the aeeidefit seefte. An employee who fails to do so shall be deemed to have refused to s4mit to testing. Nothing herein shall be e0fistfide to r-eEtuife the delay of neeessafy medieal a4tention f6f the ifijttfed of to prohibit an employee ffem leaving the aeeident seene for- the time period r-equifed to obtain emefgefiey assistanee. Dilute negatives with the creatinine concentration greater than 5 mg/dL will be retested. A second dilute negative result will be treated as a negative test result unless the MRO directs the Town to retest under direct observation. .. ram:^ i■:��r..e�� Baa.. n�:Tsr_rr.�:s .. ... . .. . .................. .. r�ssrrae�r:r. _ The substance screen will test for the following kgs - marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP) and ecstasy. Any positive initial test will be confirmed by a gas chromatography/mass spectrometry(GC/MS, test. 52 The Town shall employ a Medical Review Officer, ineluding the eppeFtuaity foremployees who test positive to pr-ovide any information that may be eonsider-ed r-elevant to the test, such as a physieian's. in" documented chain of custody. Samples will be colleeted under- reasonable and sanitafy eonditions. Samples will be eelleeted, labeled, ster-ed, and tr-afispei4ed in a manner- feasenably designed to -pr-eelude the possibility of , , or- misidentifieation. tests positive fe a.ugs of above 0.04 blood aleehel ntent (BAC) r) , be subjeet t mmeaded fef teffftination. Employees who test positive have the fight to explain th MRO) who will receive the laboratory results of the testing procedure. The MRO shall be a licensed physician and have knowledge of substance abuse disorders and appropriate medical training to evaluate positive test results, medical history, and any other relevant biomedical information. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. The MRO shall also review all specimens which are found to be adulterated or substituted specimens. In the instances of an adulterated or substituted specimen, the MRO will provide the employee an opportunity to present a legitimate medical explanation. If no legitimate medical explanation is provided, the MRO will report the verified adulterated or substituted specimen to the Town. The Town will consider the verified adulterated or substituted specimen as a refusal to test and immediately remove the employee from performing safetv sensitive functions. The emplovee may then be subiected to the disciplinary action under the Town's independent authori The MRO will be the sole custodian of the individual test results. The Medical Review Officer will advise the Town only of whether the test results were negative or positive. After receiving notification of a verified positive test. an adulterated or substituted specimen. an emplovee may request that the split sample be analyzed. Such a request must be made within 72 hours of notification of the verified positive test. If such a request is made, the sample will be tested at another DHHS certified laboratory, at the employee's expense. Upon written request within 7 days of a verified positive test, the employee may obtain copies of any records pertaining to their controlled substance tests. Each applicant or employee will have an opportunity to discuss the test results with a representative of the employer in a confidential setting if they request to do so. Any r'nT a -iVer- who tests positive for- dFugs test.aleohel aboN,e 0.04 BAG or- who r-efuses a test will iw.-aedia4ely be r-epaeved fiem safety sensitive "ies an r-efeffed to a substanee abtise pfefessional. Following a BAG of 0.02 or- gr-ea4er-, but less than 0.04, a dr4ver- will immediately be removed from safiaty sensitive "ties u*til the staFt of the dr-iveF'S ne)a r-egular4y ARY prespeetive ernpleyee who tests positive rnay have the effeF of eFnpleyFnent withdra�hfn and- t.h.p- Town . The Town will keep the test results confidential and will share the results only within the Town on a business need to know basis, in administrative law proceedings, and when required by law. 53 2. Alcohol Testing Alcohol testing shall be conducted by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing Device (EBT). The employee will provide a breath sample. If an employee's alcohol concentration is greater than .02, a second, confirmation test will be performed. hill 910r] This provision regarding the refusal to submit to testing excludes applicants for employment. Refusal to submit to testing is a violation of this policy. Any Employee refusing to submit to testing will be referred to a Substance Abuse Professional and will face appropriate disciplinary action. The following behaviors constitute a refusal: Refusal to submit is defined as: a. _;;er_A_Ir(_i_;;nIIr_.t_Q with this pekey rnay be used as a feF diSeiphnwy aetwen just �;IS Of vhe leav*ng the A -f _AR just cause PF60F W subFnitting te a test, (vi) Armen aRy art of the teStiRg PFeeess, E)F ()(4) fa*!*Rg to sign the ale-A-hel test form refusal to appear for testing, b. failure to remain at the testing site until the testing process is complete, c. failure to provide a urine specimen, d. in instances of observed or monitored collection, failure to allow observation or monitoring, e. refusal to sign the testingform, orm, £ failure to provide adequate breath, g. failure to take a second test as directed, h. otherwise fail to cooperate in the testing process, i. perform any actions which prevent the completion of the test, j. a test result reported by the MRO as a verified adulterated or substituted test, k. inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation, 1. failure to undergo a medical examination or evaluation when directed, m. tampering with, attempting to adulterate, adulteration or substitution of the specimen, or interference with the collection procedure, n. not reporting to the collection site in the time allotted, o. leaving the scene of an accident without a valid reason before the tests have been conducted. Awe ASSISTANCE The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes that early intervention and support improve the success of rehabilitation. To support its employees, the Town drug-free workplace policy: Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. 54 Offers all eligible employees and their family members assistance with alcohol and drug problems through the Employee Assistance Program (EAP). If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects your work performance or results in a violation of this policy. If you need assistance in seeking this help, you may contact the Employee Assistance Program (EAP). No one will be discriminated against for undertaking rehabilitation. Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. Confidentiality All information received by the Town through the drug-free workplace program is confidential communication and will be maintained in separate confidential records. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Tested employees have the right to obtain their written test results if they request them. In addition, employees are efleour-aged-tw 55 56 o � a 3 a� 4 tsl: iva9 • 9pthat is Asti°/ TOWN OF FOUNTAIN HILLS 57 EXHIBIT 401-A w N o a 3 0. EST. t9s9 • fat is Ari° EXHIBIT 402-A ACKNOWLEDGMENT AND RECEIPT DRUG & ALCOHOL ABUSE — EMPLOYEES REQUIRED TO MAINTAIN A VALID COMMERCIAL DRIVER'S LICENSE POLICY ACKNOWLEDGMENT :ersnra�. r_�r_ssarr.Rrffiffi:enr.er. . lmmvrl�l OWN. .0 r�ss�r� 1 acknowledge I have received a copy of the Town's Drug &and Alcohol Abuse and Testing= Employees Required to Maintain a Valid Commercial Driver's License Policy of the Towfl of Foupt Hills. I further acknowledge that I understand that—it is my obligation to read and eempl-ythat compliance with the rules and provisions contained within the Policy is a condition of continued employment with the Town. Employee's Printed Name Employee's Signature Date I understand that this policy in no way implies, infers, or guarantees my continued employment for any definite term and that I may be non -selected for hire, disciplined, and/or discharged by the Town for other reasons than failing to follow the terms of the Policy_ WitnessEmployee QS Date /TAIN o � 3o So E67:1999 i • 9QthIt is Arti°4 Town of Fountain Hills 16705 E. Ave of the Fountains, la`.,,,, -,+.,i HillsAZ 852v (480) 816 5100 PeaE.: (480) 837 3145 1 manderstand the above eenditions and hereby agree to eemply with them. , hereby, give fall eensent to munder-ge a drug and/or aleehel test as a eenditie employment with the Town of Feuntain Hills. =..�..:..:.__ .s:......, .�MEEMEW R1 T. wn .,F PA, errpier H011,; Personnel Policies and Procedures SECTION: HEALTH & WELFARE POLICY: SMOKE-FREE WORKPLACE POLICY NO: 492-403 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 PURPOSE: To establish a policy concerning smoking in the workplace. STATEMENT OF POLICY: The Town of Fountain Hills strives to maintain a healthy environment for its employees and customers. Smoke is recognized as a carcinogen and is to be eliminated from work areas. All Town buildings and vehicles are designated as smoke-free. All Town buildings will be signed to state that smoking is not permitted. The Town Manager, Department Heads and supervisors will ensure that there is no smoking in Town buildings and vehicles. 61 Town of Fountain Hills Personnel Policies and PFOeedUFeS SECTION: HEALTH & WELFARE POLICY: WEAPONS POLICY NO: 403404 EFFECTIVE: October 7, 2004 REVISED: August 1, 2012April 20, 2018 PURPOSE: To establish a policy concerning weapons in the workplace. STATEMENT OF POLICY: Despite some laws that allow people to carry firearms in public, except as provided below, the Town of Fountain Hills prohibits anyone from possessing or carrying weapons of any kind on Town property, in Town owned vehicles, or during working hours. This includes: Any form of weapon or explosive All firearms; and All illegal knives or knives with blades that are more than six (6) inches in length If an employee is unsure whether an item is covered by this policy, please contact Human Resources. Employees are responsible for making sure that any item they possess is not prohibited by this policy. Police officers, security guards, and other individuals who have been given consent by the organization to carry a weapon on the property will be allowed to do so. While the Town has a pokey pr-ohibi nothing in this pohey shall be eonstfued as or -eating any duty or- obligation on the paft of the organization to take any aetions beyond these r-equir-ed of an employer-� existing laNN- Pursuant to Arizona law, employees may have a firearm that is lawfully possessed stored in a locked vehicle so long as such firearm is not visible from outside of the vehicle. This policy does not apply to Town vehicles. No firearms or weapons of any kind may be transported or stored in Town vehicles. 62 Town of Fountain Hills Personnel Policies and PFoe„aums SECTION: HEALTH & WELFARE POLICY: ON-THE-JOB INJURY AND ILLNESS POLICY NO: 494405 EFFECTIVE: October 7, 2004 REVISED: August , , 2014A pril 20, 2018 PURPOSE: To establish procedures to be followed when an employee is injured at the workplace. SCOPE: All employees. STATEMENT OF POLICY: The Town provides a comprehensive workers' compensation insurance program to its employees. This program does not cost the employee anything. The workers' compensation program covers injuries or illnesses that might happen during the course of employment that require medical, surgical, or hospital treatment. There are well-defined provisions that must be met to ensure that employees qualify for workers' compensation benefits. Workers' compensation covers only work-related injuries and illnesses. Generally, neither the Town nor its insurance carrier will pay workers' compensation benefits for any injuries that might happen if an employee voluntarily participates in an off-duty recreational, social, or athletic activity. PROCEDURE: Employees must tell their supervisors immediately about any work-related injury or illness, regardless of how minor it might seem at the time. Prompt reporting helps to make sure that employees qualify for coverage as quickly as possible and lets the Town investigate the matter promptly. 1. Work-related injury or illness should be reported in writing within 24 hours to the employee's supervisor. 2. A physician approved by Human Resources must treat the injured employee on a first visit. Medical attention should be sought from a medical facility providing occupational health services for the Town and the employee, or another person on behalf of the employee, should inform the medical facility that the employee is employed by the Town. 3. The employee should provide physicians' statements, including releases to return to work and modifications required, to Human Resources. An employee who fails to return to work after being released by an approved physician will be considered to have resigned and will be terminated. 4. An employee who is receiving workers' compensation benefits may use sick leave to make up the difference between the workers' compensation payments and current hourly rate of pay. If the employee has exhausted sick leave, then he4hethey may use vacation time to make up the difference between the workers' compensation payments and current hourly rate of pay. Employees shall not be permitted to utilize sick or vacation time in such a way that would compensate the employee with an amount greater than his e their current hourly rate of pay. If an employee uses sick or vacation time to make up the difference between compensation received through workers' compensation and the employee's current hourly rate, it shall be the responsibility of the supervisor to record the appropriate time on the biweekly time sheet. 63 Town of Fountain Hills Personnel Policies and PFOeedUFeS SECTION: HEALTH & WELFARE POLICY: TEMPORARY MODIFIED DUTY POLICY NO: 495406 EFFECTIVE: October 7, 2004 REVISED: The Town of Fountain Hills is committed to providing work, when possible, for employees who have been restricted by a health care provider. Such work will be provided subject to availability. Work will be assigned due to the nature of the injury or illness and the limitations set forth by the treating physician. Every effort will be made to place employees in positions within their own departments, but if necessary, employees will be placed wherever an appropriate position is available. While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees who are placed outside their department will continue to have their salary charged to their regular department. Employees on temporary modified duty must furnish a written update of their medical condition to their supervisor and the Human Resources Administrator from the treating physician after each visit in order to remain in the reassigned job. Temporary modified duty assignments are limited to a period of 90 days, subject to review. It is not intended to accommodate employees with non -temporary disabilities. Being placed on a temporary modified duty assignment does not excuse an employee from following all rules and regulations. Town of Fountain Hills Personnel Policies and ftoe, dares SECTION: HEALTH & WELFARE POLICY: DISABILITY "CCOMMOD n • ION& ACCOMMODATIONS POLICY NO: 486407 EFFECTIVE: October 7, 2004 REVISED: August 1, 201 2April 20,_2018 PURPOSE: To define the Town's position on reasonable accommodations for qualified individuals with disabilities and for employees whose work requirements interfere with a religious belief. STATEMENT OF POLICY: The Town of Fountain Hills is committed to complying fully with the Americans with Disabilities Act, as amended, (ADA) and state law concerning the employment rights of qualified persons with disabilities. It is the policy of the Town to conduct all employment practices and activities on a non-discriminatory basis. The T-ewn p ^hiHi+_ diseriFninatien against qualified ind1g .i.J„_I, ,.04 The Town will make reasonable accommodation to the known physical or mental disabilities of qualified applicants or employees to the extent n „+„ able the pr,..,n+ OF ..I.,yee +„ P,,Ffe. rn +H., A+,.,I iFApesesunless- doing so would result in an undue hardship. The Town will not employPefsons in in ..,> ieh the pw to the Town or cause a direct threat to se' Thealth or safety. The Town will also make reasonable accommodations for emnlovees whose work reauirements interfere with a religious belief, unless doing so poses an undue hardship on the Town or causes a direct threat to health or safety. Reasonable aeeowAnodation may include, but is not limited to: making existing f4eilities readily aeoessible 4) and useable by disabled individtials; festntettifing or modif�ing a job; reassigning a disabied emplayee to a vaeant position for whieh the employee is qualified without hm,ing to eampete With athef eandida4es fe teleeenuymting, if pr-aetieable; and peFmifting disabled individuals to pr-evide their- Own ds, 0 sen,iees.Examples of undue hardship would include if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work. PROCEDURES: An applicant or employee who requests an accommodation should submit a Request for Accommodation Form (See Exhibit 41-0407-A) to the ADA Coordinator. The applicant or employee may be required to provide medical documentation of his/hertheir disability and of the effectiveness of the accommodation sought. The Town may also require a medical examination to assist in assessing the existence of a disability and the effectiveness of accommodations. The determination of whether an accommodation will be provided will be made by the ADA Coordinator, following consultation with the applicant or employee and the supervisor (See Exhibit 410 BH 407-B) and with Town legal counsel if deemed necessary. An employee or applicant who fails to provide requested information or otherwise fails to engage in the interactive process of assessing the existence of a disability and the 65 necessity, availability, and effectiveness of an accommodation will be deemed to have withdrawn any request for accommodation. Any employee who is not satisfied with the response to an accommodation request should let the ADA Coordinator know and should work together with the ADA Coordinator to identify reasonable accommodation. Implementation: The Human Resources Administrator is the ADA Coordinator and is responsible for implementing this policy. Specific responsibilities may be delegated to other management, administration, or supervisors. Medical Records: The Town will maintain any employee health information in a confidential file separate from the personnel file. The health file will be accessible only on a need -to -know basis. Supervisory employees and employees with any first aid or safety duties may be informed of any medical conditions that may require emergency treatment, and all such information shall be kept confidential by those informed. Medical Exams: Post -offer, fitness for duty, and other medical exams that serve a legitimate business interest may be required. In evaluating whether an employee or applicant is able to perform the essential functions of the job, an individualized analysis will be conducted based upon information reasonably available, including information from the employee or applicant, health care providers (if any were consulted), the employee's or applicant's personal physician or health care provider, if the employee or applicant provides such information to the Town, and any other pertinent information. Similarly, an individualized analysis will be conducted based on the same types of information to determine whether an employee or applicant would pose a direct threat in the job. we TOWN OF FOUNTAIN HILLS ADA Accommodation request EXHIBIT 44-8407-A In order to complete this form, you will need to discuss the essential functions of your job with your supervisor. You may also contact Human Resources if you have questions or need information about the ADA or the process for requesting reasonable accommodation. Employee Information Name Job Title Department Division Telephone Email Supervisor's Name Supervisor's Telephone Describe how your condition affects your ability to perform a major life activity and whether you use any mitigating measures (medication, assistive technologies such as wheelchairs, etc.). Which major life activity(s) is/are most significantly affected? Examples of major life activities are: seeing, hearing, breathing, walking, smelling, care for yourself, thinking, concentrating or working. 2. Describe how your condition limits your ability to perform the essential functions of your job. Identify the essential functions affected and be specific about how the medical condition impairs your ability in each instance. MA 3. Describe the accommodation you are requesting. 4. Explain how the accommodations you are requesting will enable you to perform the essential functions of your job. Be Specific. 5. Will you be able to perform all of the essential functions of your job if you receive the requested accommodation? If not, describe the specific functions you will not be able to perform. 6. Do you need assistance to identify accommodations that will enable you to perform the essential functions of your job? If you do, explain what type of assistance you need. 7. Provide any information or suggestion you can on how the requested accommodations(s) can be provided. If known, include the names, addresses and telephone numbers of vendors and the model number and approximate cost of any equipment requested. Employee Name (Please print) Work Telephone Signature Date TOWN OF FOUNTAIN HILLS RESPONSE TO REQUEST FOR ACCOMMODATION PURSUANT TO TOWN OF FOUNTAIN HILLS' DISABILITY ACCOMMODATION POLICY Employee's Name: Department: Position: Supervisor: Today's Date: I have considered your Request for Accommodation dated following determination: Your request will be granted effective implemented as follows: I have determined no accommodation is required because: EXHIBIT 448407-B and have made the and will be Your requested accommodation is not reasonable and poses an undue hardship on the Town because: Z Your requested accommodation will not be granted, but the following accommodation will be provided: Please note: The Town of Fountain Hills is committed to working with you to determine whether there is any reasonable accommodation that will enable you to perform your job and will not pose an undue hardship to the Town. Please let me know as soon as possible if you have an idea for a different form of accommodation or if anything about our accommodation process needs to be discussed further. Sincerely, ADA Coordinator Please note the Town of Fountain Hills is not obligated to offer an accommodation for every physical or medical condition, but only under certain circumstances and for conditions that constitute "disabilities" as defined in state and federal law. Nonetheless, the Town reserves the right, within its judgment, to offer accommodations to employees who may not have such a disability. Granting any accommodation should not be considered an expression of the Town's belief as to the existence or non-existence of an employee's disability. 70 Town of Fountain Hills Personnel Policies and u,.,,^„a,,,.^S SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS POLICY: RECRUITMENT POLICY NO: 501 EFFECTIVE: October 7, 2004 REVISED: August 1, 2-913April 20, 2018 PURPOSE: To establish guidelines to fill vacant positions vVithi^ ,.i.,ssi fie d r^P^r-^ SCOPE: Selection techniques used by the Town are intended to be impartial, practical, job =related, and consistent with business necessity. The examinations used may include, but are not necessarily limited to, oral, written, performance, physical/mental fitness, and training/experience evaluations. In addition, evaluation of past work performance, work samples, personal interviews, and background investigations may be used in the selection process. PROCEDURE: Recruitment for any elassified posittanpositions shall occur in the following order: 1. Permission shall be obtained by Department Heads from the Town Manager to initiate recruitment proceedings. 2. Recruitment shall be advertised as the Town Manager deems advisable. 3. All hiring decisions of the Town Manager shall be final. 4. All applications, resumes, interview forms, recruitment information and process information shall be retained by the Town in accordance with State of Arizona retention laws. seeess!r�e�asrrr�:■aes,:.r�tis�s!rs ........!..... xsas e�. .!..... . Application Process Applicants muare expected to submit a completed Town of Fountain Hills online application form. Failure to complete the " pplu atien {^F En;pleyll:n^^+" online application form s -&i may result in disqualification. Completed appheation fofmsUplications become the property of the Town of Fountain Hills and are not returned to the—applicants. If an applicant needs an accommodation in order to submit a Town application form, they should notify Human Resources. Any application may be rejected for the following.reasons including, but not limited to: 71 1. The applicant appears not to possess the qualifying experience and training required for the position. 2. The applicant has made any misstatement of any material fact. 3. The applicant has practiced any deception or fraud in his4kertheir application. 4 The applicant has been eonviEted- of aor-ime involving MoFal *"pitude Town Manager abbreviate the recruitment process up to and including direct appointment, for positions that report directly to the Town Manager, only in circumstances where both the Human Resources Head and Town Manager approve of, and recommend the appointment. 72 73 Town of Fountain Hills Personnel Policies and PFOee uFes SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS POLICY: BACKGROUND CHECKS POLICY NO: X03502 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish a policy concerning background checks. STATEMENT OF POLICY: All employees applying for any position with the Town of Fountain Hills will be subject to reference checks with former employers and/or managers. Unless required by law, reference checks will not be shared with the potential employee. The position an individual applies for and the information he/she estheygive during the interview process will determine which contingencies may apply to an offer of employment. Individuals, who claim to have certain educational credentials, either in writing or in an interview, are subject to verification. Any individual offered a position that has responsibility for initiating or affecting financial transactions may be required to submit to a credit check. These responsibilities could include, among other things, collecting or handling cash or checks, writing checks or approving them, access to a direct money stream, or being a fiduciary to the organization. Any employee subject to a credit check will be provided with written notices reauired under the Fair Credit RenortinLy Act. 15 U.S.C. 66 1681 et sea. ("FCRA"). The Town will obtain the applicant or employee's consent, in writing, to the procurement of the report. If the report is used as the basis for adverse employment action, the employer must do the following. For purposes of this section, "adverse action" means anv decision that "adverselv affects" the annlicant. includine without limitation a denial of employment to an applicant. Any potential employees who will be driving a Town vehicle or driving their personal vehicles on eempa*yLown business will be subject to an inspection of their Motor Vehicle Records annually. Depending on the job requirements, some employees may have to comply with the Department of Transportation requirements for a Commercial Dr-iver-sDriver's License. All potential employees are subject to a criminal background check. Only individuals in Human Resources, who are authorized to do so, may initiate or receive a criminal background check. Information gained from any of the above background checks will be held in confidence and shared with management individuals only on a need -to -know basis, unless the law otherwise requires. 74 Town of Fountain Hills Personnel Policies and u,.oeed ms SECTION: CLASSIFICATION POLICY:FLEXEMPT/NON-EXEMPT EMPLOYEE CLASSIFICATIONS POLICY NO: 601 EFFECTIVE: October 7, 2004 REVISED: August 1, 2012April 20, 2018 PURPOSE: To establish guidelines that ensure that all Town employees are classified in compliance with the Fair Labor Standards Act (FLSA) and state law. SCOPE: The Town of Fountain Hills takes appropriate action to ensure compliance with the Fair- Labe Stand ,,.,a. A-,.+-.FLSA and state law. All employees are identified as exempt from coverage or non-exempt from coverage as provided by law and in accordance with prescribed FLSA guidelines. 4, CeFnpensatien: is paid en a salary basis at least $455 peF wee!(, ef -hea-Fd, ledging er A -the -F GeMpeRSatiOW IS Paid OR a saiaFy basis at least $455 per wee!( Of -hA_aFd, ledgiRg OF etheF 4, Compensation: Is paid on a salaFy basis at least $455 per wee!(, exch-isiNfe ef -hA-aFd, ledging eF etheF 75 EXEMPT - Employee positions with the Town that are not eligible for overtime pay. Exempt employees must be paid on a salary basis. This means exempt employees will regularly receive a predetermined amount of compensation each pay period on a weekly basis that shall ordinarily not be subject to reduction because of variations in the quality or quantity of work performed. The Town is committed to complying with salary basis requirements which allows properly authorized deductions. XA leant Rg fell°,., Rg speemalized iRtelleGt al iRAFUGtieR. If an exempt Town employee believes an improper deduction has been made to their salary or that their salary has been improperly docked, they should immediately report this information to their supervisor and/or Human Resources. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed. FSA -NON-EXEMPT employees are elpt+tled tePROROFAUMwwage, a„d-- Employee positions with the Town that are eligible for overtime pay. Positions within the Town may be changed from one category to another as the requirements of the law change or as the nature and scope of duties and responsibilities of a particular job change. Existing and newly established positions will be evaluated and assigned to the appropriate category by4ke Human Resources ^ am nistf tent OVERTIME COMPENSATION The primary implication of assignment of a particular position to either exempt or non-exempt status pursuant to the Fair Labor Standards Act involves determination of eligibility for overtime compensation. 1. Non-exempt Overtime compensation for non-exempt employees is defined and administer -ed i the following m mw+Ypaid at the rate of one and one-half the regularly hourly wage. The rules for overtime are as follows: Overtime must be scheduled and approved by an employee's immediate supervisor. No overtime may be worked without such advance approval, and failure to obtain approval before working overtime may result in discipline, up to and including dismissal. If you believe that an assigned task requires overtime hours for timely completion, it is your responsibility affirmatively to bring this to the attention of your supervisor. The Town generally compensates for overtime through the payment at a rate of one -and one-half hour for each hour of work for which overtime compensation would be required under- the >~ r S n Holiday time will be included as time worked in the computation of overtime. Sick time, vacation time, personal time, standby time, jury duty, military leave, bereavement leave, etc., are not counted toward hours worked during a week. Thus, for example, the circumstance may arise where an employee may be paid for more than L40Zforty hours during the w a-ek given workweek and not be entitled to receive overtime compensation. 76 2. Exempt Salafied empl&yee Employees whose work meets established-Fl7S4 criteria may be classified as exempt. Situations in which exempt employees are required to work more than forty hours shall not normally result in additional compensation. Exempt Town employeeseg nerally need not use accrued leave for absences of four (4) consecutive hours or less in a workday. However, in order to promote public accountability, and notwithstanding any other provisions of these Personnel Policies or any other Town policy, all exempt (i.e., salaried) Town employees are required to use available accrued leave during absences of more than four (4) consecutive hours unless approval isivg en by the Town Manager, or from a designated Acting Town Manager. 77 Town of Fountain Hills Personnel Policies and PFOe„aWeS 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: All Town employees 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 consistently scheduled, for less than forty (40) hours per week, 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 whose 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. Town of Fountain Hills Personnel Policies and PFOeeduFes SECTION: CLASSIFICATION POLICY: CALL-BACK PAY POLICY NO: 603 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: To establish conditions under which Town employees are eligible to receive compensation for providing emergency type services during nonscheduled work hours. STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may receive compensation in the form of Call -Back Pay for hours worked outside of normally scheduled work hours. SCOPE: All FLSA non-exempt Town employees whose specialized skills and abilities qualify them to perform emergency type services to protect public safety and property outside of non-scheduled work hours. 17 TITO D 1i17 OF 1. Eligibility a. Call Back Pay applies to FLSA non-exempt Town employees who are called back to work outside of their regularly scheduled hours for emergency type work. b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Call - Back Pay. 2. Assignment Call Back Pay does not apply when: a. The employee is still on the clock and additional work is assigned that will extend their regular workday, in which case normal overtime may apply. b. The employee works overtime hours that were planned in advance (i.e. scheduled overtime). c. The employee requests the opportunity to work additional hours outside of their normal scheduled shift, in which case normal overtime may apply. d. The employee's call-back hours overlap their regular work schedule as a result of the employee's request to leave work early, thereby substituting the time worked for his e their regularly scheduled shift. These hours are not considered call-back, but are compensated as regular hours worked. 3. Compensation V& a. An employee who is called back to work to perform services, will be compensated for a minimum of two (2) hours or for the amount of time worked, whichever is greater. b. Travel time to and from the work site is not compensable under Call Back Pay status; only hours actually worked. c. An employee shall not be considered on more than one (1) Call -Back Pay status at any given time. d. Subsequent calls received to perform services within two (2) hours of the start time of the initial call, will be compensated as an extension of the initial call; not as a new call with another two (2) hour minimum. Example 1: First call received at 9:00 am First call completed at 9:30 am Second call received at 9:50 am Second call completed at 10:30 am In Example 1, the employee will be compensated for two (2) hours The second call was received within the two (2) hour window of the first call. Therefore, the second call will be compensated as an extension of the first call received. Example 2: First call received at 9:00 am First call completed at 9:30 am Second call received at 11:15 am Second call completed at 12:00 pm In Example 2, the employee will be compensated for four (4) hours_ The second call was received two (2) hours and fifteen (15) minutes after the initial first call. Therefore, the second call will be compensated as a separate additional call with the two (2) hour minimum applicable to both calls. Example 3: First call received at 9:00 am First call completed at 9:30 am Second call received at 10:00 am Second call completed at 12:30 pm Third call received at 1:00 pm Third call completed at 2:00 pm In Example 3, the employee will be compensated for five (5) hours and thirty (30) minutes. The second call was received within the two (2) hour window of the first call. The second call will be compensated as an extension of the first call received. However, the third call was four (4) hours after the initial first call. The third call will be compensated as a separate additional call with the two (2) hour minimum applicable. Payment for call-back hours will be made on regularly scheduled pay days and will not be paid in advance. :1 Town of Fountain Hills Personnel Policies and Procedures SECTION: CLASSIFICATION POLICY: STAND-BY DUTY (ON-CALL) POLICY NO: 604 EFFECTIVE: April 20, 2009 REVISED: August 1, 2014A ri120, 2018 PURPOSE: To establish a Town -wide policy for Stand-by Duty that acknowledges and compensates employees for emergency type services during non-scheduled work hours for which an employee remains available to respond. STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may be required to be placed on stand-by for duty. SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform or coordinate emergency type services to protect public safety and property during non-scheduled work hours. PROCEDURE: 1. Eligibility: a. Stand-by Duty is restricted to those employees qualified to perform specialized emergency services. b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Stand- by Duty Pay. c. In cases of Town emergency or need, employees may be contacted to work during their off hours. Employees who are called in, and are not on Stand-by Duty status, are not eligible for Stand-by Duty Pay. These hours will be calculated under Call-back Pay status. 2. Assignment: a. The responsible Department Supervisor shall maintain a stand-by roster of qualified personnel (capable of performing specialized emergency services that may be required) to serve on Stand-by Duty. b. Stand-by duty shall be allocated fairly amongst qualified employees as follows: i. First — on a rotational basis, qualified employees who volunteer to be put on Stand -By Duty. ii. Second — If there is an insufficient number of qualified employees to volunteer, qualified staff members will be assigned to cover required hours on a rotational basis. c. Stand -By Duty shall be scheduled and assigned in advance. d. While assigned to Stand -By Duty employees shall maintain a physical readiness to respond to emergency call situations and be capable of performing safety -sensitive functions. e. While assigned to Stand -By Duty employees shall maintain a physical proximity to the applicable Department building that allows for no more than a thirty (30) minute response time for call to duty. f. Employees while assigned to Stand -By Duty shall remain accessible at all times by pager and/or by telephone. g. Exchanging Stand -By Duty assignments — Employees may exchange stand-by weeks/days assignments with supervisory approval. gh. Subject to meeting the above obligations, employees on stand-by are free to go about their normal da, -ty o -day activities. 3. Compensation a. Stand-by Duty employees will be paid one (1) hour of pay for each regular scheduled workday and two (2) hours of pay for each non-scheduled workday while on-call. These hours begin after the completion of the workday and continue until resuming work the following workday. Employees are not eligible for on-call pay during hours that they are scheduled to work (including weekends and holidays). Employees are not eligible for on-call pay unless they have been formally scheduled for coverage. Typically, no more than one employee per service area should be scheduled for an on-call assignment. b. An employee on Stand -By Duty, who is called to perform services, will be compensated for a minimum of two (2) hours at 1.5 times their hourly rate. Town of Fountain Hills Personnel Policies and PF0eedHFeS SECTION: CLASSIFICATION POLICY: JOB SHARING POLICY NO: 605 EFFECTIVE: October 7, 2004 REVISED: August &, 201 April 20, 2018 PURPOSE: To establish conditions under which Town employees are eligible to work in a job share position. STATEMENT OF POLICY: In order to accommodate the needs of our employees, the Town of Fountain Hills will permit some employees in specific positions to job share. The supervisor and Human Resources will determine whether a specific job may be effectively performed by two individuals and whether both individuals can effectively work in a job sharing arrangement. SCOPE: $et eMany positions within the Town, by their very nature, cannot be shared. For example, positions that require the supervision of other employees usually cannot be shared since it is an integral part of the position for the supervisor to establish a one-on-one coaching relationship to assist employees in their growth and development. PROCEDURE: If the supervisor identifies a position deemed conducive to job sharing, the supervisor should meet with the department director, then Human Resources in order to draft an ee ent that employees tebe aware of job share logistics and to diseuss benefit eligibility consequences (See "Eligibility for Benefits" # , and k ymaR-Resee;zes. The AgFeemeRt will ii;elude901). Human Resources, the department director, supervisor and employees should be clear on: 1_i t"=The hours and days each employee must be present in the workplace; 2. zt"eThe work equipment that will be necessary for the employees to job -share; 3_3 theThe performance expectationsi 4. The reporting requirements for each job under the job -sharing arrangement; 5. Holiday compensation; and 6. 4. *h^ r E)FtiRg . Rts f.,r the job , RdeF a eb .-h aFe aFFaRge ne4:it-.Usage of leave. As with all o.,,ploym eiit theThe Town of Fountain Hills reserves the right to revise or rescind this arrangement at its sole discretion. Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: WAGE AND SALARY ADMINISTRATION POLICY: WAGE AND SALARY ADMINISTRATION POLICY NO: 701 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: To establish a policy governing the creation and maintenance of a wage and salary plan for Town positions. STATEMENT OF POLICY: The Human Resources Administrator, with approval from the Town Manager, develops, maintains, and modifies, as necessary, a non-discriminatory, uniform and equitable wage and salary plan. SCOPE: The wage and salary plan applies to all Town positions that have been approved and budgeted by the Town Council, with the exception of Elected Officials. PROCEDURE: Town positions are allocated to a class, or group of positions having similar duties, levels of skill, and responsibilities based on the position descriptions developed within each department. The group of positions allocated to a common class is then assigned a single pay range within the Town's compensation plan. Department Heads shall be responsible for informing the Human Resources Administrator in writing of changes in a position's duties/responsibilities in their office or department that might possibly affect the classification of such a position. The Human Resources Administrator may initiate a classification review to update and modify classification specifications or any component of the classification as is deemed necessary. Reclassifications A reclassification may occur when a position or croup of positions and/or classification have undergone a significant change in the type, difficulty, or degree of responsibility entailed in the work performed within that position. Such a situation may result in the assignment of classification to a higher, lower, or similar classification based on the type of changes which have occurred. A reclassification is only appropriate on a Town or department -wide basis. The concept of reclassification will not be used to circumvent promotions into a higher job classification. If any Department Head desires that a position be reviewed for a possible reclassification, they will forward a request to the Human Resources Administrator, including the following information: A memo stating what factors or duties of the position have changed, the reason for change, and the potential impact of the reclassification, if any, on other positions. Upon receipt of the above documentation, the Human Resources Administrator shall review the information provided. Additional information and/or a position audit may also be required. Following the position review, the Human Resources Administrator shall evaluate the position and determine the proper class allocation A reclassification may result in one of four actions: (1) no change; (2) a change in classification with no change made to pay grade; (3) change in pay grade upward; (4) change in pay grade downward. If a classification action results in a change in pay grade, the corresponding change in the incumbent's salary will be to the new grade at their current pay rate or at entry level of the new grade, whichever is higher. If a classification results in a change of range upward, the requesting department will be responsible for funding the increase to include additional funds that are necessary in the budget request for subsequent increases. Requests for any additional funding in current or future budget years must be transmitted to the Finance Department for review and forwarding to the Town Manager for action by the Town Council as may be required. Effective dates for classification changes will follow conclusion of a classification review/study and shall not be made on a retroactive basis. Development of New Job Positions and/or Classifications The Town's position/classification system strives to be responsive to organizational and environmental changes. The Human Resources Department will assist with the revision of position/classification specifications and the development of new position/classification specifications within the broad class conceit as necessary to meet the on-going operational requirements of the Town. Job Evaluation Job evaluation is a system used to determine the relationship of each job relative to all other jobs in the Town without regard to the incumbent in the position. The Town Manager is responsible for selecting the method of job evaluation. Pay Structure The Human Resources Administrator is responsible for establishing a pay structure, as approved by the Town Council, based upon job evaluation results. Each position is assigned a pay range and advancement within the pay range shall be contingent upon the available funds and budget requirements of the Town and based upon the employee's performance. Starting Pay Initial appointment to a position shall be made at the minimum salary level for the position unless the Town Manager determines that entry at a higher level is desirable for a particular applicant. This decision shall be based on the outstanding and unusual character of the applicant's experience, education, and ability over and above the normal minimum qualifications specified for the position Promotions Employees may be promoted up to the mid -starting salaryrange of the applicable job gfade as Wag as '''- position. If the employee is already being paid more than the mil -starting salaryrange of the new range osp ition a promotional increase may be given at the discretion of the Town. All promotional appointments require written Town Manager approval. :: Transfers/Demotions A transfer is defined as a change in the assignment of an employee from one position to another position in the same range of pay. An employee who is transferred will be compensated at the same rate as for his,/kertheir previous position. A demotion is defined as a move to a job in a lower salary grade. An employee who is demoted either voluntarily or as a disciplinary measure will be compensated at the equivalent rate on the new pay range. Equity Adiustments An equity adjustment is a discretionaradjustment to an employee's pay outside of the Town's normal salarX programs e.g., reclassifications, promotions, merits, COLAs, etc.) to remedy pay issues such as external pressure in high demand areas, internal salary compression, retention considerations, and other, similar issues. Eauitv adiustments are not aranted to reward performance. Procedure: A. A request for an equity review may be initiated by a Department Director by submitting an Equity Review Request to Human Resources. The request shall include reasons why the request fits this adjustment category as opposed to other categories such as reclassification, promotion, COLA, and why the equity review is warranted. If a previous request was submitted within the past two years, the request shall identify specific conditions that have changed since the previous request. B. After receiving a request for an equity review, Human Resources will identify other positions Performing similar work and compare the qualifications, experience and education of incumbents and evaluate the compensation to assure equity in pay and compliance with this policy. Such review shall be completed as soon as practicable. C. As part of the equity review, Human Resources will also take into consideration the employee's pav factors includine. but not limited to: 16 Merit Awardsand Cost of Living Increases for the position(s) being considered; 17 Comparison of positions within the employee's Department; 18 Relative value to the organization; 19 Unique job responsibilities 20 Pay for similar duties and responsibilities at comparable public entities within the State of Arizona. D. Human Resources shall make a recommendation as to whether an equity adjustment is appropriate based upon the information ,gathered. Any recommendation for an equity adjustment shall not go outside of the sala . range for the position. E. An equity review that results in a pay increase may be retroactively applied, depending on factors including the Town's Annual Budget and fiscal year, but in no case shall such retroactive application extend beyond the beginning of the current fiscal year during which the equity review was completed. Any request for review that results in a decrease in pay shall be effective upon completion of the equity review. F. The Human Resources Department will submit a recommendation for equity adjustments to the Town Manager. :l G. The Town Manager shall be responsible for making a final determination as to whether the equity adjustment will be made. This decision by the Town Manager is final and not appealable. H. The Department Director requesting such review and any employeespacted by the review shall be notified in writing of the determination. Merit Increases Such an increase is an award for employee performance that meets or exceeds standards set by the dDepartment and evaluated on the Town performance appraisal form. Merit increases shall not be granted if the increase would cause the individual to exceed the maximum pay established for- in the Pam (refer to annual budget). It shall be the responsibility of the Town Manager or Department Head to ensure that employees receive performance evaluations at the appropriate intervals for the purpose of merit increases. The evaluation is required regardless of a change in supervisory personnel. 1. The first merit increase eligibility date shall follow successful completion of an employee's original introductory period. 2. The date that an employee attains regular status in the class by successful completion of the introductory period becomes the employee's annual evaluation date, which shall be the date the employee shall be eligible for future annual merit consideration. 3. On the date that an employee successfully completes a promotional introductory period in a new class, the employee may be eligible for merit consideration and that date becomes the employee's new evaluation date. 4. Evaluation date and merit eligibility may also be affected by terms of demotion or reduction in classification due to layoff. 5. Absence of an employee on authorized leave without pay for more than 30 calendar days during a promotional introductory period shall result in extension of the promotional introductory period by an equivalent amount. 6. If the necessary documentation has not been completed in a timely fashion to allow for the granting of a merit increase on the first pay period falling on or after the evaluation date, the employee will receive the increase retroactive to the date upon which they were eligible. 4-.7. Merit increases are dependent on the availability of funds as determined by the Town's Annual Budget. Cost of Living Adjustments Cost of living adjustments may be given with the approval of the Town Council. Cost of living adjustments are not automatic and are based upon the Town's ability to fund such increases. An employee whose job classification is in the Pay Plan is to be eligible for a cost of living adjustment for the fiscal year authorized by the Town Council. Cost of living adjustments shall not be granted if the increase would cause the individual to exceed the maximum pay established for their class. :' Town of Fountain Hills Personnel Policies and PFOee UFeS SECTION: WAGE AND SALARY ADMINISTRATION POLICY: PAY PERIOD AND WORKWEEK POLICY NO: 702 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To identify the Town's Pay Periods and established Workweek. STATEMENT OF POLICY: The pay for all Town employees is based in part on the Town's workweek PROCEDURE: Workweek The Town's Workweek begins on Monday at 12:00 AM and ends on Sunday at 11:59 PM. Pay Period Town employees are paid based upon the services rendered over two (2) Town Workweeks. A ay period- eansistsof two weeks ore (98}4�eur� Employees are paid bi-weekly, typically on a Thtif idayThursdays. New employees should be advised by their supervisor when they can expect to receive their first payroll check. Due to payroll processing time, all hours worked by employees through the Sunday prior to the payroll date will typically -be included on thate payroll check for that pay period. Should a payday fall o ., 1,..1;day, ,.peeks will be issued the . ,,.-Lday before the holiday. SCOPE: This Policy applies to all Town employ .o Town of Fountain Hills Personnel Policies and u,.oeed Fes SECTION: INTRODUCTORY PERIOD POLICY: INTRODUCTORY EMPLOYMENT PERIOD POLICY NO: 801 EFFECTIVE: July 1, 2017 REVISED: itme 15,201-7A 2ril 20, 2018 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 the Town of Fountain Hills Personnel Policies relating to notices required before demotion, suspension, or dismissal of a regular status employee shall not apply to ietredueter-y employees; as their positions are elass:r:oa as T Tn,.,.ve fed. in their introductory period of employment. Sever -a! of -ma', but aetaile',Informal communication and feedback sessions e to be madeis encouraged throughout an introductory period so that the employee will have a --clear expectations and an opportunity to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the immediate supervisor and Department Head. Wiei-tAAt 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 formal introductory performance evaluations by the supervisor en pfes .ribed 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 4-0491,040 hours worked. PROCEDURE: Introductory Periods 1. Initial Introductory Period: All fuller 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 consideration for a merit increase eensi er-atio based on performance. Merit increases will only be awarded to as Town budget dollars are appropriated. All employees hired after July 1, 2017 are eligible to begin utilizing accrued Paid Sick Time on the 90`h calendar day after commencing employment with the Town, in accordance with the Arizona Fair Wages and Healthy Families Act. 91 Fulltime- and eligible part time and Part -Time, Regularly -Scheduled employees are eligible to begin utilizing accrued vacation or personother leave as applicable, after satisfying their 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. 92 A laterally transferred employee who successfully completes an introductory period is not eligible for merit increase consideration at the conclusion of the period. A laterally transferred employee whose performance falls below acceptable levels at the end of their introductory period may be returned to their former position or another similar position for which they qualify, if vacant. 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 introductory periods. 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 taken (e.g., vacation, personal, etc.) during the introductory period (with the exception of sick leave) or while drawing compensation under Workers' Compensation that is in excess of five (5) consecutive calendar days shall not be credited toward an employee's introductory period. Instead, the employee's introductory period shall be extended for a length of time equal to the length of leave 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. 93 Town of Fountain Hills Personnel Policies -and Procedures SECTION: FRINGE BENEFITS AND LEAVES POLICY: ELIGIBILITY FOR BENEFITS POLICY NO: W2901 EFFECTIVE: July 1, 2017 REVISED: Ame ' c 20 April 20, 2018 An employee's eligibility to participate in the benefits program is determined by the following classifications: FULL-TIME REGULARLY -SCHEDULED employees are eligible for €u4all benefits currently offered by the Town. _PART-TIME REGULARLY SCHEDULED employees are eligible for modified T eavesome but not all of the benefits currently offered by the Town. PART-TIME NON -REGULARLY SCHEDULED, TEMPORARY, OR SEASONAL employees are currently only eligible for sick leave benefits (See Policy 92-A)903 "Sick Leave — Part - Time Non -Regularly Scheduled, Temporary, Seasonal and Other Employees") unless otherwise required by federal, state, or local law. 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"). 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 the4remployee paychecks on a pro tax basis. EW!oyees will pay fie Feder -a! or- State twEes on this ame as applicable. 95 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: SICK LEAVE — FULL-TIME AND PART-TIME REGULARLY SCHEDULED EMPLOYEES POLICY NO: 902 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 ted program of benefits for Town employ Such leave is intended for use only under specific conditions as set forth in this polio SCOPE: All Full -Time Town employees are eligible to earn sick leave for paid -status hours. Part-time regularly scheduled employees are also eligible to earn proportional sick leave for paid -status hours. (See policies 602 "Employee Classifications" and 901 "Eligibility for Benefits"). PROCEDURE: Upon hire, all Full -Time Town employees and Part -Time, Regularly -Scheduled 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. Eligible part-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 maarryover hours, subject to the caps on accumulation of sick leave. Use of sick leave is permitted during the initial introductory employment period with the Town. Accumulation of sick leave shall not exceed 1040 hours at any time. Time off in excess of hours accrued may be deducted first from vacation days if available, and thereafter will be uncompensated. 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 eligible part-time 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 actual hours worked as well as leave taken under the Town's Vacation, Sick Leave, Holiday, and other paid leave policies. 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, fury 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. we 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 nroeram 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_ Regardless of age, a 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, A 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, A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision; A 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 (3) or more consecutive work days, the employee may be 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. § 23-3730 shall be sufficient. Any employee who abuses sick leave 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 documentation) and not complying with the authorization requirements above. Employees will be permitted to use sick time in incremented units of one-half (1/2) hour or more, in any one day. Sick time shall not be advanced to an employee 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 Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. Upon retirement, Full- and Part -Time, Regularly -Scheduled employees with 10+ years of continuous service will 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. Sick leave will not be paid out under any other circumstances. Refer to Policy 901 "Eligibility for Benefits" and Policy 602 `Employee Classifications" for clarification on eligibility. M If an employeeparates 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. w Town of Fountain Hills Personnel Policies and PFOee uFes SECTION: FRINGE BENEFITS AND LEAVES POLICY: SICK LEAVE — PART-TIME NON -REGULARLY -SCHEDULED, TEMPORARY. SEASONAL. AND OTHER EMPLOYEES POLICY NO: 903 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 the Arizona Fair Wages and Healthy Families Act and reflected in this 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 thigy 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. 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 policT. 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'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, A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision. 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 workdays, the employ. emy be 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 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 Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. Employees may not exceed the 40 hours paid sick time in ani given year. Paid sick leave accrued under this Policy will not be paid out at separation from employ 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. Town of Fountain Hills Personnel Policies 100 SECTION: FRINGE BENEFITS AND LEAVES POLICY: VACATION LEAVE POLICY NO: 903,904 EFFECTIVE: July 1, 2017 REVISED: itme i c, 20 April 20_,2018 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, regularly scheduled employees accrue vacation leave at a proportional rate up to the maximum accrual rate of full-time employees (based on 40 hours per work week). Part-time, non -regularly scheduled, temporary, or seasonal employees do not earn vacation leave. (See "Eligibility for Benefits" Policy 102901 and "Employee Classifications" Policy 602). The amount of vacation time employees are eligible to receive each year increases with the length of their employment. Vacation time begins 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 a proportional amount of vacation leave relative to the accrual of full-time employees (based on 40 hours per work week). ACCRUAL RATE MAXIMUMS & OVERALL MAXIMUMS — ELIGIBLE EMPLOYEES (Based on 40 Hours per Work Week): Length of Service Maximum Hours per Pay Overall Maximum Period / Year Start date through completion of 3 d year 4.00/104 208 4th year through completion of 7th year 5.00/130 260 8th year through completion of 10th year 6.00/156 312 11th year through completion of 15th year 7.00/182 364 16 + Years 8.00/208 416 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. 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. 101 The "Overall Maximum" column in the table represents a fixed amount and will not vary with actual amount of hours worked. All vacation leave is to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or herthe supervisor's designee. It is the responsibility of the employee to schedule their vacation time in compliance with departmental workloads and needs. Requests for vacation time should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave, or may have their scheduled vacation leave postponed, when deemed necessary by the department director. When an employee is recalled from vacation leave, the employee's vacation leave will be rescheduled to the earliest convenient time. Employees will be permitted to use vacation leave in incremented units of one-half (1/2) hour or more, in any one day. Vacation time shall not be advanced to an employee nor may vacation time be transferred between employees. Vacation time 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 balance, the vacation time must be used before any unpaid time off is approved. Vacation hours must be used for sick leave if accrued sick leave hours have been exhausted. Vacation hours will not count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation, the employee will not be charged with vacation hours for the holiday, but will be paid for the holiday at the appropriate holiday rate. Separation of Employment At Accrued but unused vacation leave hours will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leave accrued during the initial introductory employment period will not be compensated if separation occurs during the initial introductory period. 102 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: HOLIDAYS POLICY NO: 004905 EFFECTIVE: October 7, 2004 REVISED: August , , 2014A pril 20, 2018 PURPOSE: To provide a policy for Town employees setting forth paid holidays and to implement a system to increase the flexibility for employees to utilize their holiday compensation. STATEMENT OF POLICY: The annual holiday leave bank for each fes"-trnlFull-Time, employee is 80 hours. Part-time, regularly -scheduled employees are not subject to the holiday leave bank; however, these employees will receive Holiday compensation for the number of hours they were originally scheduled to work if a designated holiday falls on one of those days. Part -Time, Non -Regularly scheduled employees do not receive Holiday compensation unless they work on the designated Holiday. The Town of Fountain Hills observes holidays as identified below: 1. New Year's Day 2. Martin Luther King, Jr/Civil Rights Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 SCOPE: When any of the holidays listed above falls on a Sunday, the following Monday shall be observed as a holiday; if any such holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. For staff members on a seven-day standard workweek schedule, a holiday falling on a Saturday or Sunday is observed on that day. On any other day or part of a day during which the Town shall be closed by special proclamation of the Mayor, with the approval of the Town Council, employees shall be eligible for holiday pay if they are normally scheduled to work that day. ACCUMULATION OF HOLIDAY LEAVE: a. The annual holiday leave bank for each ftill time, regu4ffEEII-Time, Reugularly Scheduled employee is 80 hours. For purposes of this policy, the holiday will be defined as the 24 hour period (12:00 AM — 11:59 PM) on the designated holiday. A11Eli ig ble part-time employees normally scheduled to work on a day that falls on a designated holiday shall be compensated with holiday pay -.-for the number 103 of hours they are normally scheduled to work on such dam Temporary -and, seasonal and other non - regularly -scheduled employees are not eligible for holiday compensation erunless they work on the designated holiday a ro - b. The leave banks will be populated during the first payroll in January. New hires will receive a prorated number of hours based upon their hire date. USE OF HOLIDAY LEAVE: a. If a designated holiday falls on a scheduled work day, employees will be required to use their holiday leave to cover their scheduled work hours. Employees required to work on a designated holiday due to business need, or who are not scheduled to work on a designated holiday, will not be required to utilize their holiday leave. If an employee works a partial day, 4e#44efty shall utilize holiday bank hours to cover hours not worked. Any holiday leave hours not used for designated Town holidays shall be considered floating holiday leave. b. Floating holiday leave shall be approved to be used at such a time that is mutually agreeable to the employee and the employee's supervisor. Holiday leave will not be available for use on an unplanned or call-in basis. c. Holiday leave must be used in full day increments, unless you work a partial day on a designated holiday. A full day will be considered the number of hours scheduled for the day that the leave was taken (e.g. employee was scheduled to work ten hours on a holiday, ten hours of holiday pay would be utilized). In the event that the employee does not have enough holiday hours in her/his bank to cover a full day's absence, vacation hours will be used to make up the difference. d. In the event that a non-exempt employee does not have either holiday hours or vacation hours to cover a designated holiday, they will not be paid for that holiday. e. Holiday hours must be used by December 31 of each year or will be forfeited. There will be no "cash out" or carryover of holiday hours. f. All holiday hours not taken prior to the last day of employment with the Town shall be forfeited. HOLIDAY COMPENSATION: a. Holiday hours will count toward hours worked for purposes of overtime for hourly employees. b. In the event an employee is on paid leave when a holiday occurs, the employee shall receive no pay in addition to holiday pay. Therefore, the employee shall not be charged with applicable paid leave time (i.e. vacation or sick leave) for that day. c. An employee must be in an authorized paid status on the working day immediately preceding the holiday and the working day immediately following the holiday in order to receive pay for the particular holiday. d. Non-exempt employees required to work on a scheduled holiday will be paid holiday pay plus their regular rate of pay for each hour worked (equals 2X their regular hourly rate of pay). 104 Town of Fountain Hills Personnel Policies and PFOeeduFes SECTION: FRINGE BENEFITS AND LEAVES POLICY' SICK LEAVE A VE F Tr r TIME AND PART R T TIME REGULARLY PERSONAL LEAVE (OPTIONAL) POLICY NO: 905906 EFFECTIVE: july 11,2017December 17, 2015 REVISED: rune 15, 2017April 20, 2018 PURPOSE: To provide for personal leave for Town employees. SCOPE: This policy applies to all Full -Time, Regularly -Scheduled Town employees. STATEMENT OF POLICY: Full -Time. Reizularly-Scheduled Town emnlovees hired before Julv 1st are eligible for thirty (30) hours of personal leave time during their first calendar year of employment and 30 hours each year thereafter. Full -Time, Regularly -Scheduled Town employees hired after July 1st but before October 1 are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and thirty 30) hours of personal leave time each year thereafter. Full -Time, Regularly -Scheduled Town employees hired on or after October 1st do not receive any personal leave time within the balance of the calendar year, but are eligible to receive thirty (30) hours of personal leave time each year thereafter. Personal leave time must be scheduled in advance whenever possible and approved by the employee's supervisor. 105 Town of Fountain Hills Personnel Policies cmNiopcc an 9-92 "Eligibility $r Benefits"). SECTION: FRINGE BENEFITS AND LEAVES POLICY: FAMILY & MEDICAL LEAVE ACT POLICY NO: 907 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 The Town shall provide Family and Medical Leave in accordance with the federal Family and Medical Leave Act ("FMLA"), as summarized below. This policy is intended to summarize the material terms of the FMLA, and not to create an independent policy in addition to the FMLA. Any conflict between this polices procedure and the terms of the FMLA is inadvertent and the terms of the FMLA shallog vern. Aetual aeepdal ametints, for- eligible paft time employees will vat -y depending on the aetual a-metifit of paid status houfs r-epoi4ed thfough payfoll r-eear-ds by an eligible paft time empleyee. Paid staWs haufs inelude aetual houfs woFked as well as lea-ve taken under- the Town's Vaeation, Siek Leave, Holiday, and other- paid toave „r FMLA is available to employees with at least twelve (12) months of service and who have worked at least 1,250 hours within the preceding 12 -month period. If eligible, an employee may be able to take up to twelve (12) weeks of unpaid leave durine the calendar vear (based on a 12 -month rolling calendar) for the following iir-p-MO iO leave may be used for- any An E)f the fellowing r-easens: > employee'sSiek diagnosis, tr-eatment illness, if�� health ditieff for- ear -e or- E)f rti ed a a mental E)r- physieal or- eeff ; an employee's need of a family member- with a mental or- physieal illness,Care ; eafe of a family member- who needs medieal diagnosis, > o of a family member-needs0 0 ear -0 106 MIM'll MIN All ,The birth of a child or to care for a child within the first 12 months after birth: Spe- se Ew a registered demestie pai*fier-The placement of a child with the employee for adoption or foster care within the first 12 months of placement; of the ..levee's spouse of domestie p .*no. ofTo care for an immediate family member who has a serious health condition; or Any other- individual related by blood or- affinity whose olose assoeiation with the employee is eVivaleat of a family relations .For a serious health condition that makes the employee unable to perform the functions of their position. Employees will be pefmitted to ttse siek time in inefemented units of one half (1,12) hatif a ... ... y one day. Siek time shall not be aEh,aneed to an employee nor may siek time be tfan r- v e. dd h- pe, f'i 1 o y e e s. 107 ,The birth of a child or to care for a child within the first 12 months after birth: Spe- se Ew a registered demestie pai*fier-The placement of a child with the employee for adoption or foster care within the first 12 months of placement; of the ..levee's spouse of domestie p .*no. ofTo care for an immediate family member who has a serious health condition; or Any other- individual related by blood or- affinity whose olose assoeiation with the employee is eVivaleat of a family relations .For a serious health condition that makes the employee unable to perform the functions of their position. Employees will be pefmitted to ttse siek time in inefemented units of one half (1,12) hatif a ... ... y one day. Siek time shall not be aEh,aneed to an employee nor may siek time be tfan r- v e. dd h- pe, f'i 1 o y e e s. 107 Where the need for leave is foreseeable for the birth or placement of a child, or for planned medical treatment, the employee must provide at least thirty days' notice before the leave is to begin if possible, or such notice as is "practicable." Medical certification will be required if the leave request is for the employee's own serious health condition or to care for a family member's serious health condition. Failure to provide the requested medical certification in a timely manner may result in denial of the leave until it is provided. Because the Town wishes to ensure the well-being of all employees, any employees returning from FMLA for their own serious health condition will need to provide a Fitness for Duty statement signed by their treating physician. An employee failing to provide a Fitness for Duty statement will not be permitted to resume work until it is provided. Qualifying FMLA leave will not be counted as an absence under the organization's attendance op lic- The Town of Fountain Hills will maintain health care benefits for the employee while on FMLA leave, but the employee is responsible for paving the normal monthly contribution. If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the Town for the cost of premiums paid for maintaining coverage during the leave period if not previously_ paid by the employee. All other benefits cease to accrue duringthe he unpaid portion of the leave. Employees must use any accumulated sick, vacation, or personal time to the extent available during this leave period, unless such leave is covered under Workers' Compensation, in which case the employee may only use accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored to their original or an equivalent position. If an employee fails to return at the end of the FMLA leave, the employee will be considered to have voluntarily resigned their position with the Town of Fountain Hills. If the employee and their spouse both work for the Town of Fountain Hills, they are both eligible for leave. In cases other than the employee's own serious health condition, the total leave period for the employee and the employee spouse may be limited to 12 weeks total (combined). It may be medically necessary for some employees to use intermittent FMLA leave. The organization will work with employees to arrange reduced work scheduled or leaves of absence in order to care for a family member's serious medical condition or their own serious medical condition. Leave because of the birth or adoption of a child must be completed within the 12 month period beginning on the date of birth or placement of the child. It may not be taken intermittently without special permission from Human Resources. All but "key" employees will be reinstated to their job, or a substantially equivalent position, at the expiration of leave and upon the presentation of a fitness for duty certificate (unless they would have lost their job in any event for any other reason, such as layof .. "Key" eMployees, who may be reinstated to their job, are salaried employees who are amongthe he highest paid 10 percent of all the employees employed by the Town. Upon conclusion of 12 weeks, FMLA leave is no longer available. An employee may requests an extension of medical leave beyond the 12 -week period because of their own serious medical condition by submitting medical certification. The Town of Fountain Hills will review such requests on a case-by-case basis in order to determine whether it can reasonably accommodate such a request. 1: /TAIN o � 3o So E67:1999 i • 9QthIt is Arti°4 109 Exhibit 907-A Family and Medical Leave Request/Notification Employee Name (Last, First, MI) Security Number Department Work Telephone Dates of Leave Actual Anticipated From To Reason for Leave (check all that apply) Birth of my child or care for my newborn child or placement of my child for adoption or foster care. To care for my spouse, child or parent with a serious health condition. Intermittent Reduced Work Schedule Full-time Leave A serious health problem which makes me unable to work. Intermittent Reduced Work Schedule Full-time Leave Describe the medical necessitv for intermittent or reduced work schedule. Describe when time off or what change in work schedule will be required. I hereby certify that all of the statements contained herein are true to the best of my knowledge. I understand that omissions or misuse of this law may cause resection of my leave request and/or disciplinary action. Employee's Signature Date EMPLOYEE - DO NOT WRITE BELOW THIS LINE Eligibility Verification by the Supervisor On all requests for FMLA - Within 2 daysfy with payroll and the Human Resources Office that the employee has been employed by the Town for 12 months, worked 1250 hours in the last year, and the number of hours of FMLA that have been taken in the preceding 12 months from the effective date of this request does 110 not exceed 12 weeks. If ineligible, sign and return to employee. If eligible, sign and forward to appropriate authority for final signature. Eligible for weeks in accordance with this request. Ineligible Insufficient months of work Insufficient hours of work FMLA entitlement exhausted for the 12 month period. weeks of FMLA have been taken within 12 months. Will be eligible: Verifying ing Authority Signature Date Human Resources Office - I have reviewed medical documentation submitted and find the health condition described therein to meet the requirements for approval of FMLA. (Within 2 days forward the FMLA Request to the Town Manager for signature.) Personnel Liaison Signature Date Final Acknowledgement Approved Disapproved Town Mana erg 's Signature Date Distribution: Original - Employee Medical File Copy — Employee 111 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: EXEMPT LEAVE POLICY NO: 908 EFFECTIVE: January 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish the Exempt Leave benefit for salaried employees in positions that are exempt under the Fair Labor Standards Act (exempt employ), to provide a definition of the Exempt Leave benefit, and describe how Exempt Leave should be administered, for eligible employees. SCOPE: Exempt Town employees are not entitled to overtime pay. POLICY: Overview: While hours may fluctuate, Exempt employees are expected to normally work a minimum of folly (40)hours per week. The job requirements of most exempt employees mean that they regularly work considerably more than 40 hours, and that the time worked frequently occurs during hours outside of the normal work schedule. It is not the Town's intent to replace time on an hour -for -hour basis. but to provide "Exempt Leave" to acknowledge these realities. Exempt Leave: Exempt Leave is scheduled, paid time taken off the job that is available to FLSA exempt employees who work beyond the normal workweek. Exempt Leave is a benefit provided in recognition of the many hours in excess of forty 40) hours per week, which may be required but are not directly compensated on an hourly basis. Exempt leave is in addition to other leave provided by the Town as a benefit to employees. Exempt Leave is awarded as time off. un to a maximum of fortv (40) hours per navroll calendar vear. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Exempt Leave is not accruable beyond the payroll calendar year. An Exempt Employ shall not be paid out any accrued unused Exempt Leave when the employee's employment with the Town ends. Exempt Leave shall not be carried over beyond the end of the last day of the last pay period of the payroll calendar year. Exempt Leave is a "use it or lose it" benefit based on the payroll calendar year. The full forty (40) hours are available to an eligible exempt employee as soon as they are appointed to an FLSA exempt nosition on a nro rata basis. denendinc on the time of the pavroll calendar vear the employee starts in said position. See table on the next page. Exemot Leave is scheduled by the emnlovee in the same manner as vacation leave. is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the exempt employee to request to use their Exempt Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. 112 Exempt Leave Table Followingare suggested Number of Hours of Exempt for approving the use of Exempt Leave leave during the first year of hire into a position eligible for Exempt Leave. Start Date on the Job Jan 1 — Februa 28 40 March 1 — April 30 30 May 1 —June 30 25 July 1 — August 30 20 September 1 — October 30 10 The Town Managerygrant additional leave to employees throughout the year in recognition of commendable or outstanding performance in the form of "Merit Leave". Please see the Policy entitled "MERIT LEAVE". 113 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: MISCELLANEOUS LEAVE WITH PAY POLICY NO: 909 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 pplies to all Town employees. STATEMENT OF POLICY: Jury Dutv/Witness Service - Full-time, Dart -time. or temnorary emnlovees called to serve on a iury 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. thev will be excused from work in order to comDly 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 they are normally scheduled to work or if the employee is excused before serving four hours of jury duty, they are 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 emnlovees 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 ri_h�possible, employees should make their requests at least forty-eight (48) hours in advance of Election Day. The employeey 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 part-time regularly scheduled employee, they will be granted a paid leave of absence, not to exceed three (3) consecutive working days, as determined by their regular work schedule. If employees need time in excess of three days, they may use accrued vacation or personal leave time with the approval of their supervisor and the Human Resources Administrator. 114 Immediate family for the purpose of such leave is defined as spouses, children, grandchildren, parents, grandparents, siblings and in-laws and all "step" relationships in these categories. Payment for bereavement leave is at the employee's straight time rate of pay. Vacation or personal days may be granted to attend the funerals of other close relatives or friends upon approval by the employee's supervisor. Time off without pay will only be considered if the employee does not have vacation 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 in his or her discretion. 115 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: LEAVES OF ABSENCE WITHOUT PAY POLICY NO: 910 EFFECTIVE: July 1, 2017 REVISED: April 20, 2018 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 status. PROCEDURE: Leaves of absence reauest will be considered first under the Familv and Medical Leave Act (FMLA)Policy (Policy 907). Should the request for leave fail to meet the criteria specified under the FMLA policy, only then will a non-FMLA leave without pay be considered. Generally, a leave without pay shall not normally exceed two (2) calendar weeks. A longer leave of absence may be granted if appropriate for legal reasons, such as ADA (which is not bound by the two week limitation) or other 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, 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. ADA leave as a reasonable accommodation 2. Education 3. Travel 4. Care of a disabled person 5. TemDorary emDlovment by another public acencv within the United States. its territories or possessions 6. Religious activities (non -compensated) 7. Peace Corps Duty (special two-year limitations). EmDlovees on anDroved leave without Dav may elect to continue arouD insurance coveraize while on such leave. Employees on qualifying ing 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. Except for ADA reasonable accommodation leave, the Town is not obligated to hold the employee'sposition open while the employee is on leave without pay and the employee's right to return to a position from such leave shall be conditioned on the availability of an appropriate position and sufficient funding. The position may be filled on a temporary or regular basis. 116 117 Town of Fountain Hills Personnel Policies SECTION: FRINGE BENEFITS AND LEAVES POLICY: MERIT LEAVE POLICY NO: 911 EFFECTIVE: January 1, 2017 REVISED: April 20, 2018 PURPOSE: To establish the Merit Leave benefit that can be awarded occasionally by the Town Manager for commendable or outstanding employee performance. To provide a definition of Merit Leave, and describe how it should be administered. SCOPE: All Town employees are eligiblegardless of FLSA (Fair Labor Standards Act) status. Both "exempt" and "non-exempt" employees are eligible. STATEMENT OF POLICY: Merit Leave is scheduled, paid time taken off the job. The Town Manager may pprove Merit Leave to Town employees (both exempt and non-exempt) for commendable or outstanding performance. Award of Merit Leave ise�_y limited to instances when the employee has demonstrated exceptional effort or achievement on a special project. No more than forty (40) hours of Merit Leave may be awarded to an employee in a calendar ,year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Merit Leave must be used within twelve (12) months from when it was awarded and Merit Leave is not accruable beyond the payroll calendar year. Merit Leave is a "use it or lose it" benefit, and may not be carried over beyond twelve months after awarded. An employee shall not be paid out any accrued unused Merit Leave when the employee's employment with the Town ends. Foment, full time and regularly seheduled paft time empleyees with 104= years of eentinuous �, for- a payetit of fi%, per-eent (1,12) of their- a-vailable aeemed siek lea-ve hottr-s at their- r-egtilar- n separation of sen4ee. Siek leave will not be paid otit under- any other- eir-eiiffistaftees. Refer- to -P ibility for- Benefits" and Pohey 602 "Employee Classif4eations" for- elar-ifioation on eligibilit�- Aeyee separates ffofn employment with the Tovffl and is rehired within flifie (9) faofiths; 5- -- ----- ---I-- -------1 ---1 -- ---- - - j -1- 1----- ---'11 1 -- ---*---`--j --A ---*„ 1-- ----11-1-1- r --- Merit Leave is scheduled by the emnlovee in the same manner as vacation leave. is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the employee to request to use their Merit Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. 118 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: MILITARY LEAVE POLICY NO: 996912 EFFECTIVE: October 7, 2004 REVISED: August , , 2014A pril 20, 2018 PURPOSE: To provide for military duty in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Arizona law. SCOPE: This policy applies to all Town employees. STATEMENT OF POLICY: The Town of Fountain Hills will grant a military leave of absence to employees who are absent from work because they are serving in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees must give their supervisors advance notice of upcoming military service, unless military necessity prevents advance notice or it is otherwise impossible or unreasonable. An employee's salary will not continue during military leave unless required by law. However, an employee may use any available accrued paid time off, such as vacation or sick leave, to help pay for the leave. Reservists in any branch of the Armed Forces and members of the National Guard will be granted time off for military training. Such time will not be considered vacation time. However, employees may also elect to have their training duty period be considered as vacation time to the extent they have such time available. Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible. If an employee is on military leave for up to 30 days, he4heLhey must return to work on the first regularly scheduled work period after service ends (allowing for reasonable travel time). If an employee is on military leave for more than 30 days, heshethey must apply for reinstatement in accordance with USERRA and applicable state laws. Employees returning from military leave (depending on the length of military service in accordance with USERRA) will be placed either in the position they would have attained if they had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, employees will be treated as if they had been continuously employed. Questions about military leave should be direct to the Human Resources Administrator. 119 Town of Fountain Hills Personnel Policies and Pr -,,,dares SECTION: FRINGE BENEFITS AND LEAVES POLICY: PERSONAL LEAVE n Vim' (OPTION nr `HEALTH & WELFARE BENEFITS POLICY NO: 997913 EFFECTIVE:1)eeember I7z20IS October 7, 2004 REVISED: Beee.rn -her 1-7, 20i 5April 20, 2018 Once emnlovees have met the annronriate elieibility reauirements. thev may be elieible to narticinate in the plans described below. This is merely a summary. More detailed information about each plan can be found in the plan documents maintained in Human Resources and the summary plan descriptions (SPDs). SPDs are the official documents reeardinc emnlovee benefit plans and suaersede all references to emnlovee benefits in this manual. Medical Insurance First of the month following30 days of continuous employment Dental Insurance First of the month following30 days of continuous employ Life Insurance First of the month following3ys of continuous employ Long Term Disability Insurance First of the month following30 days of continuous employment Short Term Disability Insurance First of the month following 3 0 days of continuous employ personal leave time eaeh year- ther-eafter, Dependent Life Insurance First of the month following30 days of continuous employment Flexible Spending Accounts First da.. of Employee Assistance Program First of the month following3_ 0 days of continuous employment 120 Retirement Plan (401A) First dap of employment Deferred Compensation Plan (457) First day of employment 121 Town of Fountain Hills Personnel Policies and PFOeedUFeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: 401A RETIREMENT PLAN POLICY NO: 908914 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 The Town of Fountain Hills does not deduct Social Security taxes from full-time benefited employees' paychecks. Instead, the Town of Fowitain has a mandatory 401A Retirement Plan. This plan is administered by a registered third party administrator. Eligible employees will contribute 11 % of their gross pay to their retirement account. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. The Town of Fountain Hills will also contribute 11% of the eligible employee's gross pay. The Town's contributions are subject to a vesting schedule as follows: Years of Vesting Service % Vested 1 YR. 20% 2 YR 40% 3 YR 60% 4 YR 80% 5 YR 100% Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 122 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: DEFERRED COMPENSATION POLICY NO: 389915 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 The Town of Fountain Hills provides an optional deferred compensation plan for all employees. Employees become eligible on their first day of employment. This plan is administered by a registered third party administrator. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. There is no employer match of contributions. Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 123 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: EMPLOYEE ASSISTANCE PROGRAM POLICY NO: 94-0916 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 The Employee Assistance Program (EAP) was established to provide professional, confidential assistance for any type of personal problem. The program is designed to encourage early intervention and awareness of such problems and to offer help at the earliest opportunity. Employees are responsible for their performance and for taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest indication of a recurrent problem. Utilization of the EAP is most times on a voluntary basis. If an employee is referred by a member of management as a condition of continued employment, utilization is mandatory. In the case of mandatory utilization, the only information the Town of Fountain Hills will receive is that the employee is in the program, cooperating, and making his4teftheir appointments. The decision to seek or accept assistance through the EAP will not adversely affect an employee's job security or advancement opportunities. However, participation in the EAP in no way relieves the employee of the responsibility to meet acceptable work performance and attendance standards. All full-time employees and benefit -eligible dependents are eligible to receive assistance through the EAP. The EAP will not reveal any information that the individual discloses to the EAP except in the following circumstances: The employee consents in writing; The law requires disclosure; or It is believed that life or safety is threatened by nondisclosure. 124 Town of Fountain Hills Personnel Policies -and Procedures Mo. rse.e.ss��:!�a�!�asrf �se�ser�rrzs��ree� . 126 127 SECTION: FRINGE BENEFITS AND LEAVES POLICY: TUITION REIMBURSEMENT POLICY NO: 94917 EFFECTIVE: October 7, 2004 REVISED: August I, 2013April 20, 2018 PURPOSE: To provide a means of assistance for Town of Fountain Hills employees to obtain job related education. STATEMENT OF POLICY: The Town of Fountain Hills encourages employees to further their development and skills through continuing education. Employees who meet the eligibility requirements stated herein shall be reimbursed for approved courses, in an approved course of study by an accredited school, college, or university. For purposes of this policy, accredited refers to accreditation provided by a body recognized by the US Department of Education. The maximum amount of reimbursement is based on a employee's years of sothe IRS educational assistance "exclusion from waees" limit that has been set at $5.250 Der year since 1999 (IRS publication 15-B Fringe Benefits) and is subject to availability of appr-E)p Town funds on a fiscal year basis. The Town employees should contact Human Resources to obtain information regarding the maximum annual reimbursement amount$3,000 dur-ing the third year- and eaeh yeaf ther-eafter-. The mwiifffum f4seal year- r-eiffibtffsemefit ametmt for- gr-adtta4e eetir-ses is $3,000 dur-ing the seeend year- of sefviee and $3,500 dufing the third year- and they may be eligible to receive. The Town reserves the right to limit or expand reimbursements if this limit fluctuates. Reimbursable expenditures include tuition only. Administrative fees, laboratory and technical fees, required textbooks, incidental fees such as parking permits, supplies, recreation fees/activity fees are not covered under this plan. Tuition reimbursement is available to eligible employees pursuing advanced education in a field which is directly related to their duties performed for the Town. SCOPE: All full tirne regular pest intreducteY„ o p!Gyec, Full -Time, Re_ug laxly -Scheduled Employees who have completed a minimum of twelve (12) months of paid continuous service. 19 R0141 X Definitions: 1. "Allowable amount" is approved by the Finance Division based upon budgeted funding and the criteria set forth within this policy. The determination of the allowable amount is made prior to the beginning of each .,eademie semeste fiscal year. Funds in excess of those approved in the Town's budget are fie tcannot be expended without prior Town Manager approval. 2. "Fiscal Year" is defined as July 1st through June 30th. 128 3- „ is detemiined by the da4e the is not is made. Example: 6,126/12. A course is eompleted 6,110/12 The eheek for feimbur-sement eour-se , whefi paymepA and the grade r-epoFt along with detailed invoiees is submitted on is dated 7/542. ReimbtiFsement monies are recognized as being Eligibility Requirements - Individual courses as well as degree programs ( undergraduate and graduate) may be considered for assistance under this program if they meet the following requirements: 1. The course must be related to the employee's current job or future career growth with the organization. If a degree program is approved, all courses necessary to obtain the degree are eligible for reimbursement even if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application must be submitted and approved prior to the beginning of each course under the degree program (see Reimbursement below). 2. Courses must be taken from an accredited school, college, or university. Accredited refers to accreditation provided by a body recognized by the US Department of Education. Work schedules are not reduced for participating employees. Courses must be taken outside of the employee's normal work hours. 4. All course homework must be completed during non-scheduled work hours. Reimbursement - To be eligible to receive reimbursement, the following must be satisfied: 1. A completed Tuition Reimbursement Application, including the Department Head's signature of approval, must be provided to the Human Resources no less than thirty (30) days prior to the first session of class. 2. The employee must be actively employed by the Town of Fountain Hills in a €ulkiniefull-time, regularly- scheduled e ug larly- scheduled status at the time the course is completed and when the employee receives the final grade. The actual amount of reimbursement is dependent on funding availability and total dollar amount requested for reimbursement. Reimbursement will be made upon successful completion of the course (a grade of "C" or better or a "pass" for a pass/fail course). 4. Proof of satisfactory completion and detailed invoices must be submitted to the FiN^fl^e Dife ^rHuman Resources. 5. Emnlovees who receive financial assistance for their education from Brants. scholarships. or other sources must disclose the source on the request for tuition reimbursement. If employees are receiving other than student loans for their education from another source, the Town will not provide reimbursement for that portion of the cost. The amount of reimbursement shall be reduced by anv financial assistance the employee receives from any outside source. Approvals Required — All requests for Tuition Reimbursement require the approval of the employee's Department Head. 1. All required approvals must be satisfied prior to registering for or enrolling in requested course(s). Requests received after registration or enrollment afemay not be eligible for reimbursement. 129 Note: A new Tuition Reimbursement Application must be submitted and approved prior to taking-any-a*d all courses for which the employee requests tuition reimbursement, including those that are taken as part of a previously approved degree program. 2. The Town Manager will review the request and approve or disapprove the reimbursement request based on the job -relevance of the request, potential benefit to the Town, and funds available. Note: A set funding amount is allocated to this program on a fiscal year basis. For that reason, funds are distributed on a "First Come — First Serve" basis at time of application. Procedure: 1. All requests for tuition reimbursement must be submitted on a Tuition Reimbursement Application (see Exhibit 94-3917-A). 2. All requests must include identification of the agency accrediting the college and a description of the course(s). Both of these may be photocopied from the school catalog or website. For degree programs, a copy of the requirements for the degree must be submitted, including a list of all required courses. As above, a photocopy from the school catalog or website will generally suffice. 3. Upon final approval or disapproval, a copy of the Application is returned to the requesting employee and Department Head. 4. Upon successful completion of the course, the employee shall re -submit his/ e their copy of the Application to Human Resources, along with proof of successful completion (grade report) and detailed invoices for reimbursement within thirty (30) days of completion of the class(s). Separation from Employment - It is anticipated that the employee and the Town of Fountain Hills will both benefit from employee development activities and the organization's financial investment in such activities. In order to remain eligible for tuition reimbursement, if an employee whe has rveeived finan is an employee must remain employed by the Town at the time the course(s) completes and a final grade is issued. If an employ employment with the Town is terminated for any reason , fiRal ^ e"^el( aGGGFdiRg *^ the {^"^ • ^^schedul^:prior to such time, the employee will be no longer eligible for tuition reimbursement. rnw Tuition reimbursement may be paid prior to completion of requested courses, but only on an exception basis. The employee must furnish an explanation of need that would justify payment in advance, and an affirmative endorsement by the individual's Department Head prior to consideration. Each request for exception will stand on its own merits. 130 Nothing in this poliey, the applieation for- assistanee undeF this pr-ogfam, OF afly Othef- d0etffneRt shall be constfided to imply a eontr-act or- ter -m of employment for- any period or- in any way to modify the employment at .;11 elat ,.,-.ship between the Town ..4'Fountain ilius and the employee. 131 EXHIBIT 914917-A TUITION REIMBURSEMENT APPLICATION You must meet eligibility requirements and receive all required approvals before registering for or enrolling in course(s) to be approved for tuition reimbursement. (Refer to the Tuition Reimbursement Policy for details) SECTION I — PREAPPROVAL FOR TUITION REIMBURSEMENT DATE: EMPLOYEE NAME: DATE OF EMPLOYMENT: JOB TITLE: (ELIGIBILITY — Full -Time post probationavy, Regularly -Scheduled, Post -Introductory employee a-ndwho has completed 12 months of paid continuous service at the time of request) SCHOOL NAME: (ELIGIBILITY — Universities and colleges must be accredited by a body recognized by the US Dept of Education) DEGREE PROGRAM: ACADEMIC SEMESTER (Circle One) COURSE TITLE: MAJOR COURSE OF STUDY: Fall Winter Spring Summer COURSE START DATE: (ELIGIBILITY — Course must be related to the employee's current job or future career growth with the organization. If a degree program is approved, all courses necessary to obtain the degree will be eligible for reimbursement, even if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application must be submitted and approved prior to the beginning of each course under the degree program. it is under -stood that there are repayment provisions if you should leave employment within 24 months of Feeeiving .) REQUIREMENT: You must attach identification of the agency accrediting the college and a description of the course(s). Both of these may be photocopied from the school catalog or website. For degree programs, a copy of the requirements for the degree must be submitted, including a list of all required courses. As above, a photocopy from the school catalog or website will generally suffice. REQUESTED AMOUNT: $ EMPLOYEE'S SIGNATURE: DEPT HEAD'S SIGNATURE: Iwo /:►i7�f.Y�lIJTZ.Y.Y[sl►[:rl111111" TOWN MANAGER'S SIGNATURE: 132 DATE: DATE: DATE: DATE: 133 SECTION II — TUITION REIMBURSEMENT REQUEST COMPLETION DATE OF ABOVE COURSE: GRADE RECEIVED: (ELIGIBILITY — A grade of "C" or higher ("pass" in a pass/fall system) must be attained to receive the reimbursement.) TUITION REIMBURSEMENT AMOUNT: $ REQUIREMENT: Upon successful completion of the course, employee shall resubmit his/her -their copy of Application, along with proof of successful completion (grade report) and detailed invoices (receipts) to Human Resource for reimbursement. SECTION III — HR ONLY APPROVED REIMBURSEMENT AMOUNT TO EMPLOYEE: $ HUMAN RESOURCES SIGNATURE: DATE: TOWN MANAGER'S SIGNATURE: 134 DATE: Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: FRINGE BENEFITS AND LEAVES POLICY: TRAINING FUNDING POLICY NO: X4918 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To maximize the return on investment for Town funded, job-related training outside the scope of the Tuition Reimbursement Policy -94-3-_ STATEMENT OF POLICY: The Town seeks to assist employees in obtaining job related training to enhance the personal skills of the employee in areas that are beneficial to Town operations. SCOPE: This guideline applies to all Town employees. Town employees who attend job-related training may, at the discretion of the Town Manager, have some or all of their expenses paid for through Town funds, including travel, accommodations, auto rental, attendance and required material fees, up to a maximum of $1,500 per fiscal year. PROCEDURE: Employees who attend a training event that costs $1,000 or more (minus wages, but inclusive of expenses incurred from travel, per diem, lodging, auto rental, attendance and material fees) will be required to sign an agreement stating that if he or she sepafates hey separate voluntarily from Town employment within one year following the conclusion of the training, an amount based upon the total will be withheld from the final paycheck according to the following schedule: Date of Separation Percentage Withheld Up to 90 days following conclusion 100% 91 to 180 days following conclusion 50% 181 to 365 days following conclusion 25% The original signed agreement will be forwarded to the Human Resources Office for inclusion in the employee's personnel file. Under special circumstances, the repayment requirement provision of this guideline may be waived at the discretion of the Town Manager. Nothing in this policy implies any type of contract with respect to continued employment, or limits the rights of the Town to terminate any individual in accordance with Town policy. 135 Town of Fountain Hills Personnel Policies and Proeedures 136 IN ININ „ . 136 137 /TAIN o � 3 So E,S7; t9S9 Itis Arti°4 138 139 SECTION: FRINGE BENEFITS AND LEAVES POLICY: COBRA POLICY NO: 91b EFFECTIVE: August 1, 2013 n��Ra�s�e�s� . •r• • .. •r. • ..�'sr�r.�era�n�e�risr�ee� • 140 SECTION: FRINGE BENEFITS AND LEAVES POLICY: SERVICE AWARDS POLICY NO: 94-7919 EFFECTIVE: October 7, 2004 REVISED: August 1, 2014April 20.2018 The Town of Fountain Hills has established a Service Award Program to honor employees at certain times during their years of service to the Town. All part-time and full-time employees are eligible. Awards will be issued to employees completing five (5) years of service. Additional service awards will be issued at five year intervals. Employees will be recognized for their years of service at a Staff Meeting. 141 Town of Fountain Hills Personnel Policies and Proeedures 142 mill -1 _. WIT WWI INVITION * IN' 142 143 144 145 SECTION: TRAVELING ON OFFICIAL BUSINESS POLICY: TRAVEL TIME POLICY NO: 1001 EFFECTIVE: October 7, 2004 REVISED: August 1, 2014April 20, 2018 PURPOSE: To establish a set of uniform guidelines for the compensation of employees during periods of business related travel. STATEMENT OF POLICY: It shall be the policy of the Town of Fountain Hills to comply with applicable provisions of the Fair Labor Standards Act as it relates to the compensation of employees during periods of business-related travel. Commute Time An employee who travels from home before the regular workday and returns to his4ter-their home at the end of the workday is engaged in ordinary home to work travel, which is not work time. If an employee who regularly works at a fixed location in one town is given a special one day assignment in another town or city and returns home the same day, the time spent in traveling to and returning from the other town or city is work time, except that the Town will deduct the time the employee would normally spend commuting to the regular work site. Travel During the Workday Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and will be counted as hours worked. The Town allows employees to attend conferences and general educational activities for personal growth and as a fringe benefit. Travel to and from professional conferences for career advancement, where the employee does not engage in an activity directly related to the employee's "principal activity" and where attendance is voluntary, is not compensable. Out -of -Town Travel Travel away from home that involves an overnight stay will be work time when it cuts across the employee's workday. The time will be hours worked on regular workdays during normal working hours and during corresponding hours on nonworking days. The Town will not count time spent in travel away from home outside working hours as a passenger on an airplane, train, boat, bus, or automobile as work time. 147 Town of Fountain Hills Personnel Policies and PFoeeduFes SECTION: OTHER WORK PLACE POLICIES POLICY: MEMBERSHIP IN PROFESSIONAL AND CIVIC ORGANIZATIONS POLICY NO: 1101 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 Membership in a professional organization is valuable to our employees as well as to our organization. The Town of Fountain Hills will pay the annual membership fee required for an employee to belong to job-related professional organizations that are approved in the annual budget. The Town of Fountain Hills will also pay the fees required for employees to maintain and/or obtain professional designations that are directly related to their jobs and that are approved in the annual budget. A department director must approve in writing any exceptions to these limits. The Town of Fountain Hills cannot pay for student memberships in professional organizations. If membership in a professional or civic organization or a professional designation is not job related but is beneficial to an employee and our organization, the employee may request that their dues be paid for by the Town of Fountain Hills. The employee should make a written request to his/her -their department director. The employee will be advised in writing whether any, or all of the dues, will be paid by the Town of Fountain Hills. The Town of Fountain Hills will also pay expenses associated with attending periodic job related meetings, conferences and seminars sponsored by professional organizations that are approved in the annual budget. W. Town of Fountain Hills Personnel Policies and PFoeeduFes SECTION: OTHER WORK PLACE POLICIES POLICY: USE OF TOWN VEHICLES BY TOWN EMPLOYEES POLICY NO: 1102 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20, 2018 PURPOSE: To establish guidelines for the appropriate use of Town vehicles. Each Town Department shall adopt this regulation or may adopt more stringent guidelines with the written permission of the Town Manager. 13K,%10401O1►`Y1[I]M030[as SCOPE: All personnel driving Town vehicles shall have a valid State of Arizona Driver's License with the appropriate license classification for the type of vehicle they are operating, acquire a complete knowledge and understanding of vehicular operations, and obtain all necessary approvals from Risk Management required to operate the vehicle. If a Town employee should lose their driver's license for any reason, that employee shall notify their supervisor at the beginning of the next working shift. The responsibility for assuring complete compliance with the provisions of this regulation rest with the Department Head, supervisors at all levels, and the individual employees involved. PROCEDURES: A. The use of Town vehicles shall be restricted to official business, subject to the following guidelines: 1. Transporting of passengers shall be limited to Town employees, persons in an advisory capacity to the Town, persons participating in approved Town programs, and other agency representatives on Town business. 2. Employees assigned a Town vehicle for use during their normal workday schedule may use the vehicle during normal work hours to either go home or to a restaurant for lunch if their personal vehicle is not readily available. Employees assigned a vehicle for use during their normal workday schedule are to exercise discretion in its use. Town vehicles may not be used for personal business. 3. Alcoholic beverages shall not be consumed or transported in Town vehicles nor shall Town employees have consumed any alcohol or any substance (as defined by the Town's Drug Free Work Environment Policy) before or while operating the vehicle. Under no circumstances shall any Town employee who registers a positive blood alcohol level be permitted to operate any Town vehicle or heavy equipment. 4. It is inappropriate for a Town vehicle to be parked in front of certain types of businesses, such as a liquor store or bar unless the vehicle is being used to conduct official Town business, such as an inspection. Considerable discretion should be exercised when using the vehicle for the purposes noted in this paragraph. B. Department Heads may assign Town vehicles for overnight use under the following circumstances: nX 1. To employees who are frequently required to use a Town vehicle at night, during the weekend, or if they have substantial emergency responsibilities. This does not include employees whose homes are outside Fountain Hills unless the Town's emergency response or other important Town business would be greatly facilitated. 2. In situations where the conduct of Town business can be facilitated by overnight use of a Town vehicle by an employee who normally does not keep a Town vehicle overnight. 3. To any number of employees rotating a specific assignment and vehicle at night or on weekends. 4. All employees making overnight trips with a Town vehicle must have prior approval of their Department Head as denoted on a Travel Authorization form. C. Town vehicles shall be operated in a responsible, safe manner, as outlined below: 1. Seat belts shall be worn by all employees and passengers using a Town vehicle and the vehicle shall not be operated until all vehicle occupants have buckled their seat belt. 2. Town vehicles shall be driven in compliance with motor vehicle laws. 3. Employees are personally responsible for the prompt and proper reporting to their supervisor, and payment, of fines for any citations received while using a Town vehicle. Under no circumstances are these citations to be paid for by the use of Town funds. All moving traffic citations shall be reported within three (3) working days to the appropriate Department Head. 4. All employees who operate a Town vehicle shall become familiar with policies and procedures relating to the reporting of accidents. Employees involved in an accident may be required to submit to a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted in accordance with Town regulations as outlined under the Drug Free Work Environment Policy and Town of Fountain Hills Personnel Rules. 5. Employees operating Town vehicles are responsible for keeping them clean and litter free. Employees assigned to a specific Town vehicle on a regular basis are also responsible for ensuring the vehicle is in good working order at all times. Any known defects or malfunctions of a Town vehicle are to be reported promptly to the Fleet Mechanic. 6. Routine maintenance and repair of Town vehicles will be supervised through the Fleet Mechanic employed by the Town of Fountain Hills. 7. Fuel cards shall remain in Town vehicles at all times and should be stored in the glove compartment. -7-.8. Use of cell phones or texting while operating a Town vehicle is prohibited. 150 Town of Fountain Hills Personnel Policies and PFoeeduFes SECTION: OTHER WORK PLACE POLICIES POLICY: USE OF TOWN PREMISES, PROPERTY AND MATERIALS POLICY NO: 1103 EFFECTIVE: October 7, 2004 REVISED: April 20, 2018 Meetings held on the Town of Fountain Hills' premises must be for the purpose of conducting Town business. Meetings for other purposes are strictly forbidden. The use of business stationery and/or the Town's postage meter for personal correspondence is strictly forbidden. The personal use of its facsimile or copying machines also is forbidden without first receiving management approval and reimbursing the Town of Fountain Hills at the current prevailing rates. Sending or receiving personal mail at the Town of Fountain Hills' address is strongly discouraged because it adds to an already enormous mail volume. No product or materials, including that put in any trash container, is to be removed from the buildings except by authorized personnel. Anyone who removes product or materials without proper authority will be tefminate subject to discipline up to termination. 151 Town of Fountain Hills Personnel Policies and Pr-oeedur-es SECTION: OTHER WORK PLACE POLICIES POLICY: ACCEPTABLE USE OF INFORMATION SYSTEMS POLICY NO: 1104 EFFECTIVE: December 17, 2015 REVISED: December 17, 2015April 20, 2018 OVERVIEW The Town is committed to protecting its employees and pai4aer-s ffam illegal or- damaging aetions by individuals, either knowingly of .the integrity of its information systems The enterprise network and Internet/ Intranet/ Extranet -related systems, mobile communications and data, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, WWW browsing, and FTP, are the property of the Town. These systems are to be used for business purposes in serving the interests of the town, and our customers in the course of normal operations. Effeetive security is a teafn eff-ort involving the pai4ieipation and support of every Town employee and affiliate who deals with i4ofm tion and/ori„o fmatio s .stegs Any and all functions performed by an employee while utilizing Town electronic equipment and resources is considered as public in nature and can in no wav be considered personal or private. And thus. emplovees should understand that there is no expectation of privacy when using such resources. It is the responsibility of all computer users to know these guidelines, and to conduct their activities accordingly. PURPOSE This policy is intended to outline the acceptable use of computer equipment owned by the Town. These rules are in place to protect the employee and the Town, its employees and its citizens. Inappropriate use exposes the Town to risks including virus attacks, compromise of network systems and services, and legal issues. SCOPE This policy applies to employees, contractors, consultants, temporary employees, and other workers at the Town, including all personnel affiliated with third parties. This policy applies to all equipment that is owned or leased by the Town. POLICY General Use and Ownership Users should be aware that the data they create on the Town systems remains the property of the Town. Because of the need to protect the Town's network, management cannot guarantee the confidentiality of information stored on any device belonging to the Town. 152 Employees should not engage in personal use of Town information systems in a manner that results in a detrimental impact on the Town. Employees should presume that personal use other than minimal amounts might result in a detrimental impact on the Town. The Information Technology Administrator shall have discretion to determine detrimental use. For security and network maintenance purposes, authorized individuals within the Town may monitor equipment, systems and network traffic at any time, per Information Technology Division's Audit Policy. The Town reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy. Security and Proprietary Information Passwords must be kept secure and NOT be shared with other users. Authorized users are responsible for the security of their passwords and accounts. Application passwords should be changed quarterly, network passwords will expire every 75 days and must be changed. Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with the "Laptop Security Tips." Postings by employees from a Town e-mail address to any online venue must contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the Town, unless the posting is in the course of business duties. All hosts used by the employee that are connected to the Town Internet/Intranet/Extranet, shall be continually executing approved virus -scanning software with a current virus database. Employees must use extreme caution when opening e-mail attachments received from unknown senders; such attachments may contain malicious programs (e.g. viruses, e-mail bombs, Trojan horse code, etc.). Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services). Under no circumstances is an employee of the Town authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the Town -owned resources. The lists below are by no means exhaustive, but instead are an attempt to provide a framework for activities that fall into the category of unacceptable use. 1. System and Network Activities The following activities are strictly_ prohibited: The installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Town. The installation of "freeware" software applications without the prior authorization of the Information Technology Division. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. Users should consult the IT Helpdesk prior to export of any material that is in question. 153 Knowingly introducing malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. Using a Town information systems asset to obtain and/or transmit material could create a hostile and offensive workplace or a sexually charged workplace in violation of applicable law. Viewing or transmitting sexually oriented materials. Making fraudulent offers of products, items, or services originating from any Town account. Causing security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. Port scanning or security scanning is expressly prohibited unless prior notification is made to, and permission has been granted by, the Information Technology Division. Executing any form of network monitoring that will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty. Circumventing user authentication or security of any host, network or account. Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. 2. E-mail and Communications Activities The following is a summarized list of prohibited uses. Please see the Intranet/Internet and E-mail for more detailed information. Any form of harassment via e-mail, voicemail, telephone or paging, whether through language, frequency, or size of messages. Sending email that are unprofessional, use foul language, sarcasm or other language that is not proper business etiquette. Mass mailing of e-mail "junk mail", jokes or non -Town -business-related advertising material to individuals who did not specifically request such material (e-mail spam). Solicitation of e-mail for any other e-mail address, other than that of the poster's account, with the intent to harass or to collect replies. E-mail posting the same or similar non -business-related messages to large numbers of Usenet newsgroups (newsgroup spam). Unauthorized use, or forging, of e-mail header information. Use of the Town's information systems to engage in threatening, intimidating or harassing conduct including but not limited to constituting the alleged harassment that constitute threats, intimidation or any other kind of act that interferes with the individual's ability to function as an employee of the Town. Sending an email using another person's log-in/identity without authorization. Confidential Files 154 The files of confidential employees will be preserved to contain confidential information, and will not be accessed by IT or anyone else until permission to do so has been granted by a person having authority to do so. Examples of confidential employees are Human Resources and the Town Attorney. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is tobe not eonfonning to the seetions ^violates this policy, Information Technology will inform the employee's supervisor, or someone higher in rank, in writing and the department director or other authorized individual may authorize the Information Technology Administrator to remove the employee's access to the Town's computer network resources and/or to take appropriate remedial action. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 155 Laptop & Personal Electronic Device Security Tips Never leave your laptop or personal electronic device in open view in your vehicle; remove it or secure it in the trunk or other secure location! But, o f eaufse, don -4 o not leave the device stored in the trunk for any great length of time; exposure to either extreme cold or heat can damage the machine. Always use your laptop or personal electronic device in a cool, dry place. Never leave your laptop or personal electronic device unattended in a public place. Don't forget to secure all other products associated with your laptop: batteries, power cords, cables, external drives, LCD projectors, etc. Never put your laptop or personal electronic device on the airport security x-ray machine belt before you have a clear path to the end of the belt. Check your device's battery and make sure it's fully charged. If you take your machine through an airport, the security checkpoint personnel may ask you to turn it on to prove it isn't a suspicious device. Back up all irreplaceable information daily. Remember, it's not just the loss of the device, it is also the loss of the hard work and important information. 156 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: OTHER WORK PLACE POLICIES POLICY: INTRANET/INTERNET AND EMAIL POLICY NO: 1105 EFFECTIVE: December 17, 2015 REVISED: Deeembef! 17,-2015Apri120, 2018 OVERVIEW Electronic mail (e-mail) is a fast and efficient way to communicate internally within an organization using an internal e-mail system and Intranet and externally using the Internet. The Internet is also a powerful research tool that can greatly expand the amount of information gathered on a subject and reduce the amount of time it takes to conduct research activities. It is the policy of the Town to encourage therp oper use of e-mail and the Internet to communicate inside and outside our organization. Furthermore, it is the Town's policy to encourage using the Internet as a research tool. Employees should use good judgment and common sense when using e-mail, the Internet, and the Intranet and understand the Town's policy outlined below. PURPOSE The purpose of this policy is to ensure that use of the Intranet, Internet and e-mail technologies among employees of the Town is consistent with Town policies, guidelines, operating procedures for use of specific Town resources, all applicable laws, and the individual employee's job responsibilities. SCOPE This policy applies: To all Intranet/Internet and e-mail services provided, owned, or funded in part or in whole by the Town; To all users and holders of Town Intranet/Internet and e-mail systems or accounts, regardless of intended use; To all Town Intranet/Internet and e-mail Official Records and/or Public Records in the possession of or generated by Town employees and other users of e-mail services provided by the Town; and Equally to transmission and receipt of data including e-mail headers, summaries, and addresses associated with e-mail records and attached files or text. This policy does not apply to: 157 _Printed copies of e-mail, but other laws and policy may apply to such documents. Under Arizona public records laws and other state laws, information appearing in this format may need to be retained as Official Records or treated as State Publications under A.R.S. § 35-103. 158 INTRANET/INTERNET AND E-MAIL ACCESS Intranet/Internet Access Unauthorized access into the Intranet/Internet using Town equipment or Town Intranet/Internet accounts, or another employee's Intranet/Internet account, or through other means, is in violation of policy. Obtaining e-mail access Unless otherwise directed by the employee's immediate supervisor or designated representative, employees are automatically given an e-mail account upon receipt of a LAN account. Removing Internet or e-mail access The department director must submit a request to the IT HELPDESK to remove or disable an employee's Internet and/or e-mail account. By request, the department director can be given access to the files in the disabled account for a period of 30 days after notification to disable. LAN and e-mail accounts of employees who have separated from the Town will be deleted 30 days after separation of employment to disable the account unless otherwise directed by a department director. Email will be forwarded to a designated address for a period of up to one year. Access and usage limits The Town's Internet access method has a finite capacity and is subject to periods of heavy use. Therefore, employees may be requested to limit access when system capacity is being exceeded. Employees must abstain from personal use of Internet or e-mail services for any reason during the time when employees should otherwise be engaged in Town business and performance of their job duties. Investigative access The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. Electronic mail messages are public information. Request for e-mail messages, calendars, or records may be treated like any other public record in the possession of the Town. E-mail contents may be subject to subpoena in legal matters and may be subject to public records request. Management reserves the right to retrieve and/or review e-mail messages to monitor or prevent misuse of the system. Procedures to request access to an employee's e-mail files: 1. Action by department director: 159 a) Submit a request to Human Resources for investigative access on the employee's account. 2. Action by Human Resources: a) Consult with the Town Manger about the investigative access request. b) Coordinate with the Information Technology Administrator. ACCEPTABLE USE OF THE INTRANETANTERNET AND E-MAIL The definition of acceptable use of the Internet is any use that is related to Town business�e employee'sf4eing the Tev�%, or- any use that fuflher-s the or the performance of work related to an issueduties. Research and general information access on behalf of the Town Authorized employees may use Internet and e-mail technologies to conduct official Town business, gain technical or analytical advice as part of their jobs, communicate or exchange files and/or data with employees, citizens, clients, vendors and contractors as part of their jobs. Databases can be accessed for information as needed as long as they do not require some form of subscription to participate. Access to subscription -based Internet services must be initiated using existing Town policies for purchased services. Participation in News/Discussion Groups Users may participate in news/discussion groups based around a topic in which the Town has an interest. Users may participate in news/discussion groups, listservs or web sites created by professional organizations of which the Town or the user intheir professional capacity is a member. Disclaimer: Postings by employees from a Town e-mail address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of Town, unless posting is in the course of business duties. Limited Personal Use The Town's Intranet/Internet and e-mail resources are intended for business use in performing the duties of an employee's job. Limited personal use may be permitted, according to the following guiding principles: It is incidental, occasional and of short or moderate duration. It does not interfere with any employee's job activities. It does not result in incremental expense to the Town. Examples of "incremental expense" include, but are not limited to: 160 a) If the Town were paying for a limited bandwidth connection to the Internet, and an employee's personal use incurred additional charges; and b) Long-distance telephone, cellular phone or fax charges. The employee has his4eftheir supervisor's prior approval for said personal use, which approval shall only be given when consistent with the requirements of this policy. It does not solicit for or promote commercial ventures, religious or political causes, outside organizations or other non job related solicitations. It does not violate the other "unacceptable uses" or other specific limitations outlined in this policy. It will not create a real or perceived conflict of interest. UNACCEPTABLE USES OF THE INTRANET/INTERNET AND E-MAIL Activities of law enforcement or Town Attorney's office related to criminal investigations, or personal investigations by any department in general, would not constitute a prohibited or inappropriate use. The following are unacceptable uses of the Intranet/Intemet and e-mail technologies. All issues raised in the Town of Fountain Hills Code of Ethics are applicable. The unacceptable uses shall include, but are not limited to: Appropriate Email Email should be business -like Be truthful and accurate Avoid sensational and exaggerated language Focus on the facts Comely with the "New York Times Rule" — the writer would not be concerned or embarrassed if the email were published on the front page of a newspaper Inappropriate e-mail and Intranet/Internet content Communication of material that is offensive or derogatory, slanderous and/or defaming towards any individual, corporation, agency or organization and disparagement of any trade or product. Communication that is derogatory or discriminatory in any way toward persons for reasons of their race, religion, gender, age, disability, lifestyle, political affiliations, social status or any other personal characteristic. _Communication describing or picturing specified anatomical areas of the human body and communication describing or picturing sexual activities. Sexually oriented content or materials. 161 Non -IT purchase of software or computer equipment for Town business Users must not download any software packages and/or upgrades from the Internet, and must comply with the Town of Fountain Hills software policy. The Information Technology Division purchases all software and/or computer equipment (e.g. microcomputers, printers, modems, hubs, speakers, subwoofers, keyboards, mouse, etc.). Departments should always submit a request via e-mail to purchase software and/or computer equipment to the IT Helpdesk. Non -Town business solicitations and subscriptions Employees shall refrain from any type of postings or subscriptions, whether on a Web site, to a news group or via e-mail, that constitutes a solicitation of any type (i.e. religious, political, personal gain, or in support of illegal activities). Employees shall refrain from using the Town's e-mail or Internet resources for personal for-profit business activities or schemes to generate income or result in personal financial gain. Advertising Employees shall refrain from any type of postings, whether on a web site, to a news group or via e-mail, that are for the purpose of advertising. Distributing chain and spam e-mail Distribution of chain mails, "Ponzi" or other "pyramid" schemes of any type or other communication that is any way in violation of public law or Town policy is prohibited. Users should not in any way participate in the further dissemination or re -distribution of e-mail "spam" e-mails, communications with long mailing lists of other recipients, or other inappropriate e-mail communications. Upon receipt of any of these items, a user should immediately delete it from their e-mail in box and trash, and completely refrain from sending it on to other persons in or outside the Town. Performing copyright infringements and other illegal actions Any use of the Internet that violates copyright laws is prohibited. Infringing on third party copyrights or other intellectual property rights, license agreements or other contracts; for example, illegally installing or making available copyrighted software. E-mail shall not be used to send (upload) or receive (download) copyrighted materials, and any other unauthorized materials, without prior written authorization of the originator. Users will refrain from the posting of any materials that violate federal or state laws. Use of the Intranet/Internet or e-mail in support of illegal activities is prohibited. Unauthorized attempts to break into any computer whether in the Town or another organization. 162 Causing disruption of service and performance Use of the Intranet/Internet or e-mail must not disrupt the operation of the Town network or the networks of other users. Hacking or modifications to the Intranet/Internet and e-mail software in a manner that restricts the ability of the Town to monitor its resources is prohibited. One or more files totaling 30mb or more in size should not be attached to internal e-mail messages. Users instead should utilize the network share drives to distribute the files to other users. Using the Intranet/Internet and e-mail for political purposes The Town's Intranet/Internet and e-mail resources are not to be used for political purposes. For Misrepresentation The use of aliases while using the Intranet/Internet is prohibited. Anonymous messages are not to be sent. No employee shall attempt to obscure the origin of any message. The misrepresentation of an employee's job title, job description, or position in the Town is prohibited. The release of untrue or distorted information regarding Town business is prohibited. Execute real-time utilization of Intranet/Internet resources for non -Town -business-related services The accessing, viewing, downloading, or any other method for retrieving non -Town business information or services that utilizes the Internet resource in real-time is prohibited. This includes, but is not limited to, streaming audio or video (such as Pandora, XMRadio, Hulu, or NetFlix), streaming wallpaper or screen savers. INTRANET/INTERNET AND E-MAIL PRIVILEGE RESPONSIBILITY Use and compliance Access to the Intranet/Internet and e-mail is a privilege. Employees are expected to use the Intranet/Internet and e-mail in a professional manner that reflects positively upon themselves and the Town. Employees and their immediate supervisors are jointly responsible to ensure compliance with this policy. Employees are responsible for text, graphic or audio content they place, send or receive over the Intranet/Internet and e-mail. It is recognized that some unsolicited electronic mail may be received or random access to an undesirable Internet site may occur. In those instances, the individual will not be held responsible for that content or undesired site access. 163 Account Employees shall not "loan" their access to the Intranet/Internet to other employees who have not been authorized use of the Internet and e-mail technologies. Employees will be held responsible for all actions taken using their access permissions. Employees shall not intercept or disclose messages, or assist in the interception or disclosure of messages unless otherwise authorized. Information Technology, under the authorization of Town Attorney may intercept or disclose messages when misuse of the Town system is suspected. USER'S RESPONSIBILITIES REGARDING RECEIPT OF OFFENSIVE MATERIAL Generally, the same policies of appropriate behavior apply in network usage, as apply in the workplace. If you believe that you are the victim of harassment, do not delete the message. Immediately notify your immediate supervisor or department director and Information Technology. Confidential Disclosure Public Records and Privacy E-mail from an internal system and/or the Internet, is NOT private nor can the security of e-mail be guaranteed. Caution shall be used when conveying confidential or sensitive information, as part of normal business transactions, when confidentiality cannot be maintained. This includes documents such as performance reviews, disciplinary and/or corrective actions, attorney -client - privileged information, personnel information, and health or medical information. All e-mail messages (whether created or received) are the property of the Town and may be considered to be public records pursuant to the Arizona Public Records Law. If there is concern about potential public disclosure or internal disclosure, e-mail should not be used. The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. When communicating with legal counsel or seeking legal advice, consideration should always be given to the fact that e-mail may contain information that may not be entirely confidential. It is advisable to check with the Town Attorney's Office as to whether such request should be made by e-mail or through written communication. All requests for public records disclosure of data shall be routed to the Town Clerk. E-mail messages may be recoverable _Deleting e-mail messages from a computer does not guarantee it has been erased from the system. Further, email constituting_a public record must be maintained. Employees should use good judgment when creating e-mail and always assume that it is discoverable. Monitoring and auditing 164 The Town owns the network providing access to Internet and e-mail technologies. The electronic records created by use of the system may be considered public records under Arizona Revised Statutes and the law governing retention of public records. The Town reserves the right to monitor all electronic records, at any time, to insure compliance with state law and this policy. Retention of E -Mail All e-mail messages that are not subject to a specific retention schedule are stored by Information Technology for 730 da-ysl095 days and may be required to be stored longer in the event of litigation. Any messages that are permanent records are required to be copied or moved to the appropriate file location. Information Technology is not responsible for backup or restoration of any e-mail items saved outside of the e-mail system by individual users. Records retention schedules can be found on the Arizona Secretary of State's Arizona State Library, Archives & Public Records website — . ,. ,v,,.azli .,.af, , goN,www azlibrary.gov. Virus Exposure Use of the Internet and e-mail risks exposure to viruses that can cause serious damage to Town computer resources. Material downloaded from the Internet must be virus checked before use. Inbound and outbound attachments to e-mail will be scanned for viruses. Plug -Ins and Helper Programs Plug -ins and Helper programs should be used prudently and only if its purpose is to enhance the browser to provide services that are within the "acceptable uses" and it does not violate the "unacceptable uses" or other specific limitations outlined in this policy. Enforcement The Town, through the Town Manager, its department directors and Information Technology Division, reserves the right to review an employee's use of Town provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e- mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found violating this policy, the department director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 165 Town of Fountain Hills Personnel Policies and PFOeedUFeS SECTION: OTHER WORK PLACE POLICIES POLICY: SOFTWARE/HARDWARE POLICY NO: 1106 EFFECTIVE: December 17, 2015 REVISED: Deeember17,2015A,pril 20, 2018 PURPOSE It is the policy of the Town to respect all software copyrights and to adhere to the terms of all software licenses to which the Town is a party. The Town users may not duplicate any licensed software or related documentation for use either on Town premises or elsewhere unless the Town is expressly authorized in writing to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Town to both civil and criminal penalties under the United States Copyright Act. The purpose of this policy is to prevent copyright infringement and to protect the integrity of Town's computer environment. SCOPE This policy applies to employees, contractors, consultants, temporary employees, volunteers and other workers at the Town. This policy applies to all software that is owned or leased by the Town. Contractors with the Town shall become aware of the requirements of this policy. POLICY Budgeting for Software/Hardware Some software and hardware needs are limited to specific departments. Departments are responsible for requesting new software or hardware specific to the department's needs through the Information Technology Division. When requesting such software or hardware, departments must work with the IT Department to ensure technology costs, compatibility, licensing, support, and integration issues are addressed. Approval for Purchase of Software/Hardware To purchase software or hardware, users must obtain the approval of their supervisors and the Information Technology Division, then submit a request to the IT Helpdesk to acquire the software/hardware. Acquisition of Software/Hardware All software or hardware acquired for the Town must be purchased through the Information Technology Division. Software or hardware may not be purchased through user corporate credit cards or petty cash. 166 Software and hardware acquisition channels are restricted to ensure that the Town has a complete record of all software that has been purchased for Town computers and can register, support, and upgrade such software accordingly. Freeware software or mobile apps downloaded from the Internet must be authorized by the Information Technology Division. License Agreements Software may only be used in compliance with applicable license (including "shrink-wrap" agreements) and purchasing agreements. Ownership of Software All software acquired for or on behalf of the Town or developed by Town employees or contract personnel on behalf of the Town is and shall be deemed Town Property. All such software must be used in compliance with applicable purchase and license agreements. Storage of Software Media/Licenses All software media and original license agreements are kept and stored by the Information Technology Division. Software media that must be accessed for support of an application (e.g. clip art, GIS data, etc.) will be kept with the workstation licensed for its use. Use and distribution of these types of media must be in compliance with the software licensing agreement. IT will monitor the license term length and will notify users of any necessary actions Duplication of software Users are not authorized to produce backup or duplicate copies of any software for any purpose. Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software may be a violation of federal and state law and is strictly prohibited. The Information Technology Division creates all authorized duplicate media and retains the master copy. The software inventory registry will be updated with this information. Registration The IT Helpdesk is responsible for completing the registration documentation and returning it to the software publisher All software that is Town Property must first be delivered to the IT Helpdesk to complete registration and inventory requirements. 167 All software must be registered in the name of the Town. Because of personnel turnover, software will never be registered in the name of the individual user. Information Technology maintains a register of all software and will keep a library of software licenses. The register will contain: the title and publisher of the software; the date and source of software acquisition; the location of each installation as well as the serial number of the hardware on which each copy of the software is installed; the name of the authorized user(s); the existence and location of the media and any back-up copies; the software product's serial number and/or key codes. Installation of Software No software, including freeware, may be installed on any Town -owned or leased computer without prior approval by the Information Technology Division and without being registered to the Town. After the registration requirements above have been met, the software will be installed with the authorization of, assistance of, or performance by, Information Technology support personnel. Manuals, tutorials and other user materials will be provided to the user. Once installed on the hard drive, the original media (USB drives, CD-ROM, DVD, etc) will be kept in a safe storage area maintained by the IT Helpdesk. Users may not give software to anyone, including contractors, customers and others. Town users may use software on local area networks or on multiple machines only in accordance with applicable license agreements. Town computers are Town -owned assets and must be kept both software legal and virus free. Only software purchased through the procedures outlined above may be used on Town machines. Installation of personal non -business related software on Town computers is not authorized. The Town will remove any unauthorized software that puts the Town at risk or liability. Removable Media Drives & USB Drives To protect the Town's network and computers, restrictions have been placed on external drives including USB hard drives and flash drives, and the following guidelines should be followed to enhance security. In addition, files written to or copied from such devices may be logged and audited to ensure compliance with policy. .: Software may not be executed from external and USB hard drives and flash drives. Confidential files or files with sensitive data should be encrypted when saved on removable drives to protect the contents in the event the device is lost or stolen. Any removable or USB drive should be scanned for malicious code and viruses prior to use. Support Software compatible with installed operating system, client, application and system configuration standards for workstations and/or file servers will be supported by the Information Technology Helpdesk. Uninstalling Software Unauthorized removal of software from Town computers is prohibited. Software removals should not be performed without the authorization of, assistance of, or performance by, Information Technology support personnel. IT reserves the right to uninstall or remove any software found to be causing a negative impact on the workstation, the Town's enterprise network, or any Internet/Intranet/Extranet-related systems. User Responsibilities Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with software that he or she eausesthey cause to be acquired, copied, transmitted, or used or seeks to acquire, copy, transmit, or use. IT will provide all necessary copies of such licenses. If a computer must be reconfigured or replaced and it contains software that has been licensed specifically for that computer, the user should notify Information Technology of such installation to ensure the software is reinstalled, tested and documentation of the installation location is updated. Shareware Software It is the policy of the Town to pay shareware authors the fee they specify for use of their products. Registration of shareware products will be handled the same way as outlined above. Software Games The installation of computer games on Town computers is prohibited unless there is a Town business or service justification. Games packaged with the operating system installation (e.g. FreeCell, Minesweeper, Pinball, and Solitaire) are included in the workstation image and are exceptions. However, IT reserves the right to remove these games. Software Games that impact network resources are strictly forbidden. [[S Screensavers and Wallpaper Screensaver and wallpaper software are permissible only after the Software Policy procedures to purchase (commercial and/or shareware), license, register and install have been applied. Decompiling software No User shall decompile, disassemble, or reverse -engineer any software. Transfer of Software No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available Town -owned software or an interest therein to any unauthorized individual or entity. Audits The Information Technology Division will conduct audits of all PCs, including portables, to ensure that the Town is in compliance with all software licenses. Audits will be conducted using an auditing software product or through manual inspection. Enforcement A Town user who makes, acquires, or uses unauthorized copies of software will be subject to disciplinary action up to and including termination. The Town does not condone the illegal duplication of software and will not tolerate it. Any doubts concerning whether any employee may copy or use a given software program should be addressed with IT Helpdesk. Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the Information Technology Division. The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found violating the sections of this policy, the Department Director together with the Information Technology Administrator may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 170 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: OTHER WORK PLACE POLICIES POLICY: AUDIT OF INFORMATION SYSTEMS POLICY NO: 1107 EFFECTIVE: December 17, 2015 REVISED: December 17, 2015 PURPOSE To provide the authority for members of Town' Information Technology team to conduct a security audit on any computer or communication system (hardware or software) at the Town. Audits may be conducted to: Ensure integrity, confidentiality and availability of information and resources Investigate possible security incidents Monitor user or system activity Enforce information system policies SCOPE This audit policy covers any equipment owned, leased or otherwise possessed by the Town, including, but not limited to all of the following devices: 1. hand-held devices (iPhone, iPad, etc.) 2. computers (desktop and laptops) Communication devices, including but not limited to: 1. telephone and voicemail system 2. network hardware (routers, printers, firewalls, etc.) 3. other wireless devices, including pagers Employees should be aware that loading Town programs or property on their own personal devices may result in public record information being on those devices and creating a Town interest in those devices to the extent such information is present. The use of personally -owned information and communication devices for Town business is discouraged unless a department head and the Information Technology Administrator determines there is a necessary business use for such equipment. 171 POLICY When requested, and for the purpose of performing an audit, any access needed will be provided to members of Town' Information Technology team. This access may include: User level and/or system level access to any computing or communications device Access to information (electronic, hardcopy, etc.) that may be produced, transmitted or stored on Town equipment or premises Access to work areas (labs, offices, cubicles, storage areas, etc.) Access to interactively monitor and log traffic on Town networks. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found to be violating the sections of this policy, the department director together with the Information Technology Administrator, may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. 172 Town of Fountain Hills Personnel Policies and PFoee uFes SECTION: OTHER WORK PLACE POLICIES POLICY: TOWN FURNITURE AND WALLS POLICY NO: 1108 EFFECTIVE: October 7, 2004 REVISED: August 1, 2013 All employees are asked to contribute to a professional looking work environment. Our customers, residents and businesses deserve impressive public facilities. Employees are asked to: Check with department directors before hanging items on walls. Appropriate items could include artwork, diplomas, awards, plaques, Town related items, etc. Frame all pictures or items for display Do not tape, magnetize or tack any items to walls, cubicles or their supports, overheads or furniture. An exception could be if clipped with a magnet, out of view, and is not unsightly or destructive to furniture. This would include any quick reference material such as phone number lists, referral lists, etc. which should be displayed in the most professional manner available. Refrain from displaying items that may cause others to be uncomfortable or may find to be offensive. Employees may not post material on bulletin boards without the approval of Human Resources or Information Technology Divisions. 173 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: SUPERVISION AND DISCIPLINE POLICY: SUPERVISION AND DISCIPLINE POLICY NO: 1201 EFFECTIVE: July 1, 2017 REVISED: rue 15,201-7A 2ril 20, 2018 PURPOSE: To establish the employee discipline process. PROCEDURES: Each employee shalleg nerally be supervised by the individual to whom he/she isthey are 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 elassified of until ssi fiea 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 hinherthem 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 ' imse f1her-selfoneself, 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, bullying, 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. 174 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. 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 some_ The employee has reported to work under the influence of alcohol or drugs as defined it the Town of Fatintain Hills Dfug Ffee Wafkplaee Pohey; of the employee's off duty use, possession, a .or otherwise violated the Town's procedures regarding drug free workplace. 4-9.11. The employee has intentionally falsified any document, report or statement relating to their employment with the Town. 44-.12. The employee has secured employment with the Town through misrepresentation or fraud. 4-2-.13. The employee has refused to subscribe to any oath or affirmation required in connection with Town employment. 4-2,.14. The employee has violated the rule or regulation governing outside employment (See Policy 249,211, Secondary Employment). 4-4-15. The employee has been inexcusably absent, has failed to receiverp for approval for any paid or unpaid absence other than those absences taken pursuant to the Town's Sick Leave Policies, 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. 175 4-5-.16. The employee has had excessive absenteeism or tardiness.. (absenteeism or tardiness shall not include work time missed as a result of leave taken pursuant to the Town's Sick Leave Policies, Policy No. 902 and No. 903. 4-617. The employee has refused to perform reasonable modified duty that is assigned because of an illness, injury or disability. 47-.18. The employee has worked at outside employment while on medical leave, industrial accident leave, or Family and Medical Leave. 4-9-.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. 4-9.20. Failure of an employee convicted under a criminal drug statute for a violation occurring in the workplace to notify their Department Head within five (5) days after such a conviction. 2&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. 24-.22. The employee has used or attempted to use political influence in securing a promotion, leave of absence, transfer, or an increase in pay. 22723. 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. 23-24. The employee has committed an act of discrimination or harassment based on race, color, religion, sex, sexual orientation, national origin, age, disability or any other category identified in the nondiscrimination policy or otherwise protected by law. 24.25. 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. 25 27. The employee has committed a material violation of the rules of this Manual. 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 176 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 or the Department Director 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 or Department Director 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 or Department Director 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 or Department Director 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. 177 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. Suspension Without Pgy The Town Manager may suspend an employee from any position at any time without pay for a disciplinary purpose. A supervisor or Department Director may recommend suspension of a subordinate employee to the Town Manager for his/her approval. No supervisor or Department Director may suspend a subordinate for any period of time without the approval of the Town Manager. A suspended employee receives written notification on a "Record of Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of Counseling/Disciplinary Action" form, listing the specific charge(s), period of suspension, and administrative review and appeal rights, if any. The employee is given a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Suspension of Exempt Employees: An exempt employee (those exempt from the provisions of the Fair Labor Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one or more full days except for infractions of safety rules "of major significance." Suspensions for exempt employees must occur within the same workweek. Safety rules of major significance are those (rules) and supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities, employees or the public. Administrative Leave With Pay: The Town Manager may place an employee on Administrative Leave With Pay at any time as a non -disciplinary measure to permit an investigation into matters concerning a possible disciplinary action. No supervisor or Department Director 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, 9 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 Wwith Pay receives written notification on a "Record of Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of Counseling/Disciplinary Action" form, listing the nature of the investigation, period of leave, and administrative review and appeal rights, if any. The employee is provided a copy of the written notification and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. 178 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 -i's appeal rights, if any. Only-eevered employees who have successfully completed the introductory period have appeal rights. Due Process - Prior to an involuntary termination, a non intr-o uetor- . period empleyeeor a suspension without pay an employee who has successfully completed their Introductory_ period will be provided with a written notice from ertheir supervisor and/or Department Director 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 h efwithin ten (10) calendar days to their supervisor;-as4e and/or Department Director contesting the proposed action ,heu a iet ��. 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 easeinformation as to the reason for the adverse action. If, after considering the employee's evideieeresponse, 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. employeein eases 4welving an who works undef the diff tion afEmployees who are not directly supervised by the Town Manager; -the shall generally have the Town Manager as their hearing officer -shall be the Presiding judge. In cases involving an employee who works uncle,. the eentfe' afworking with the Town Manager as their Presiding judge direct supervisor, the hearing officer shall be the Tow� ManagefPresiding Judge of the Fountain Hills Municipal Court. The Town Manager or the Presiding Judge may appoint the town of Fountain Hills Human Resources head, another manager,. or Judge from another Arizona city or town to serve as the hearing officer 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) basisc 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/hertheir supervisor and/or department director, and the applicable appointment authority Town manager in eases theor Presiding Judge , Manager- has served as hearing o ffie r) 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 179 binding upon both the employee and the Town, and therefore, not appealable to any office or body of the Town or to any other femm, administrative or judicial forum. TOWN OF FOUNTAIN HILLS RECORD OF COUNSELING/DISCIPLINARY ACTION FORM Employee Name: PART I: ALLEGED OFFENSE State unsatisfactory incident, performance, or violation committed and specific rule violated. Personnel Rules and Regulations, Section . If used for counseling interview or oral reprimand, state what was discussed and agreed upon, if appropriate; no employee response required. PART II: EMPLOYEE RESPONSE Employee's Signature 181 Date PART III: TYPE OF ACTION RECOMMENDED [ ] No Action [ ] Disciplinary Suspension Hours [ ] Oral Reprimand [ ] Disciplinary Pay Reduction [ ] Written Reprimand [ ] Involuntary Demotion [ ] Administrative Leave [ ] Dismissal — Written Notice STATEMENT OF FINAL ACTION: State what was determined from an investigation and indicate the recommended resolution. Please note that it is necessary to complete the "Counseling/Disciplinary Action Form." Employee's Signature Date I hereby certify that I understand my due process rights and that I have read this disciplinary action form and acknowledge its receipt. I understand that my signature does not necessarily indicate agreement. Employee's Signature 182 Date TOWN OF FOUNTAIN HILLS COUNSELING/DISCIPLINARY ACTION FORM Employee Name (Please Print): Title: Supervisor's Signature: Department Head's Signature: Department/Division: Town Manager's Signature (if required): Date: Date: Personnel Rules and Regulations Violated (Section/Item) Date: Oral Reprimand - The non -written notification to an employee of job performance deficiency or misconduct and notification of the Town's level of expectations. Supervisor or Department Director should document the date and nature of the reprimand on the "Record of Counseling/Disciplinary Action" form. Date of Oral Reprimand: Written Reprimand - The official notification to an employee that there is cause for dissatisfaction with the employee's job performance or that there is misconduct. Date of Written Reprimand: Administrative Leave - The non -disciplinary suspension of an employee with pay to permit an investigation into matters concerning possible disciplinary action. Must be approved by Town Manager. Duration: From: 1m Total Hours: Disciplinary Suspension of 40 hours or less - The temporary separation of an employee from Town service without compensation. Must be approved by the Town Manager. Exempt employees may not be suspended without pay for disciplinary sanctions for a period of time less than one or more full days per the Fair Labor Standards Act. Duration: From: To: Total Hours: Disciplinary Suspension of Greater Than 40 Hours - The temporary separation of an employee from Town service without compensation must be approved by the Town Manager Duration: From: To: 183 Total Hours: Disciplinary Pay Reduction - The reduction of an employee's salary will be at the discretion of the Town. The reduction may be permanent or temporary and must be approved by the Town Manager. This disciplinary action does not apply to exempt employees per the Fair Labor Standards Act. Temporary Pay Reduction: From: To: Old Hourly Rate: $ New Hourly Rate: $ Permanent Pay Reduction: Effective Date: Old Hourly Rate: $ New Hourly Rate: $ Involuntary Demotion - The movement of an employee from one class to another class at a lower rate of pay. The demotion may be permanent or temporary and must be approved by the Town Manager. Old Classification: Old Range: Old Hourly Rate of Pay:$ Effective Date: New Classification: New Range: New Hourly Rate of Pay: $ Dismissal - The discharge for cause of an employee from Town service. Must be approved by the Town Manager. Effective Date: Employees may appeal disciplinary action through the grievance procedure. An employee serving an initial introductory period of i a tine,,ve fed post i , may not appeal. I hereby certify that I understand my grievance rights and that I have read this disciplinary action form and acknowledge its receipt. I understand that my signature does not necessarily indicate agreement. Employee's Signature Date COPY: Employee Department Head Human Resources (Copies of all disciplinary actions must be forwarded to the Human Resources Office) Town of Fountain Hills Personnel Policies and u,.oeed Fes SECTION: SEPARATION FROM SERVICE POLICY: SEPARATION FROM EMPLOYMENT POLICY NO: 1301 EFFECTIVE: October 7, 2004 REVISED: August 1, 201 April 20, 2018 PURPOSE: To establish a process the Town will follow for all terminations of employment, whether voluntary or involuntary. STATEMENT OF POLICY: All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be required to make proper disposition and accounting for all funds and property (s)he was responsible for and to repay any amounts owed to the Town before final payment will be made to the employee. All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be afforded an opportunity to participate in an exit interview. However, participation is entirely voluntary on the part of the terminating employee. SCOPE: All employees. 19=3ITO1111111;7 X 1. Voluntary Resignation a. If termination is the result of a voluntary resignation, the employee is to document their intent to resign their position by submitting a letter of resignation to their supervisor bearing the current date, the last day of work, and the employee's signature. A "Voluntary Resignation and Retirement Notice" (See Exhibit 1301-A) may be used for notification purposes. b. Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for Department Heads, could result in separation with prejudice and denial of rehire. Waiver of required notice may be granted by the Town Manager (in writing). c. The effective date of termination is the last day the employee actually works. Exception: The effective date of termination due to expiration of a leave of absence is the last day of the approved leave. d. Group benefits such as medical, dental and life insurance terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed (e.g., pro -rating insurance). Contact Human Resources for further detail. e. Pay mn imeu ef nA_t,ffiP_P_ fA-Mr 'Lip W tWe (2) weel(s ef regular pay may be awarded te f-u-11-tia.m.pe regular MaRager.The Town, actin- through hrough the Town Manager, reserves the discretionary right, upon 185 receiving the ten day resignation notice, to immediately accept such resignation and provide the employee with two (2) weeks of regular pay pay in lieu of notice. f. All documentation is to be promptly forwarded to Human Resources. g. Arizona law requires final payment to voluntarily terminated employees to take place no later than their next regularly scheduled pay date. 2. Involuntary Termination a. An employee, regardless of employment status, may be terminated by the Town Manager at any time during their initial Introductory Period. b. Introductory, seasonal, and temporary employees aFe net cued , nd-or the Right of Appeal Peeessmay be terminated at -will. c. The Due Process in Policy 1201 will apply for other terminations. d. Group benefits such as medical, dental, and life insurance, terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed (e.g., pro -rating insurance). Contact Human Resources for further detail. e. Arizona law requires final payment to involuntarily terminated employees to take place on the earlier of the next regular payday or within seven (7) working days. In regard to all departures with employment from the Town, amounts payable to the employee shall be paid only after offset for any advances or monies owed to the Town by the employee. This includes, without limitation, the cost to replace any Town equipment that the employee fails to return. 3. Notice An Employee is encouraged to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23- 1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign. Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition. :• EXHIBIT 1301-A VOLUNTARY RESIGNATION and RETIREMENT NOTICE Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for Department Heads, could result in separation with prejudice and denial of rehire. I, Print Name [VOLUNTARY RESIGNATION voluntarily resign my position of Job Title with the Town of Fountain Hills. My last day of work will be: Last day worked is termination date Reason for resignation: (Check one) To accept another job To attend school To stay at home Moving out of area Dissatisfied with job Other (explain) TIREMENT RESIGNATIO Print Name Job Title work/retirement will be: , submit notice of retirement from my position of with the Town of Fountain Hills. My last day of Last day worked is termination date Arizona State Law requires final payment of voluntary resignations no later than the next regularly scheduled pay date. My mailing address with the Town of Fountain Hills is current: Yes No If no, please provide current or forwarding mailing address: Mailing Address City State Zip Employee's Signature Resignation Accepted Supervisor's Signature Date Date Town of Fountain Hills Personnel Policies and PFOeedUFeS SECTION: SEPARATION FROM SERVICE POLICY: REFERENCES POLICY NO: 1302 EFFECTIVE: October 7, 2004 REVISED: All inquiries regarding employees who are currently employed or who have been previously employed by the Town of Fountain Hills are to be referred to Human Resources. Supervisors and/or coworkers should refrain from writing letters of reference. All requests for letters of reference are to be referred to Human Resources. When Human Resources receives inquiries regarding previously employed employees, they will refer to the signed Employee Authorization to Release Reference Information Form in the employee's personnel file and release only the information authorized. When Human Resources receives inquiries regarding currently employed employees, they will only provide information limited to dates of employment and job title. The only exception to the above statement is that Human Resources may release salary information to credit institutions when the request for salary information is made in writing and the employee authorizes release of the information. Town of Fountain Hills Personnel Policies and ftoeedur-es SECTION: SEPARATION FROM SERVICE POLICY: REDUCTION IN WORKFORCE POLICY NO: 1303 EFFECTIVE: October 7, 2004 REVISED: August 1 2012April 20,_2018 PURPOSE: To establish a systematic process which the Town will follow in the event the Town Manager deems it necessary to reduce positions due to reorganization, lack of work, funds, or other budgetary limitations, and ensure business operations remain sound and employees are treated objectively. STATEMENT OF POLICY: A Reduction in Workforce (RIWF) is an extremely difficult business decision for an organization. It is the Town of Fountain Hills' intent to treat all impacted employees with dignity and respect, and to assist employees through the RIWF process. The Town Manager, with input from Department Heads, shall determine the number and classifications of employees to be laid off. In addition, the Town Manager and the Human Resources Administrator shall determine the specific procedures to be followed and the benefits that may be offered to affected employees. Employees affected by a Reduction in Workforce shall have the opportunity to continue their medical, dental, and vision insurance coverage (if applicable) in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions. SCOPE: All employees. PROCEDURE: In selecting the empleyeeemployees who will remain with the organization, only job-related criteria will be used. The criteria used will be determined based on the reason for the reduction in force and the determination of the department's needs. Job related criteria may include, but are not limited to, the employee's current performance (as noted by the most current performance review), competencies, skills, responsibilities, experience, leadership, education and training, personal commitment, and salary. Seniority will be used only in the case of a tie. Severance Full-time employees who are laid off may be provided a severance package as determined by the Town Manager. Grievance Rights Grieving a Reduction in Workforce action is specifically excluded from the grievance procedure. UX Town of Fountain Hills Personnel Policies and u,.oeed es SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: PROBLEM SOLVING POLICY NO: 1401 EFFECTIVE: October 7, 2004 REVISED: August 1 201- April 20,_2018 PURPOSE: To effectively and professionally address work-related issues or concerns. STATEMENT OF POLICY: The Town will treat all employees fairly, with respect, and as members of the team. This includes you, your fellow workers, supervisors, management, elected officials, Board and Commission members, our customers, and the Fountain Hills community. In order for this to happen, the following procedure needs to be followed. DISCUSSION: This policy establishes the policies and procedures for the administration of the Town's Problem Solving process. This process does not replace the Grievance procedures in Policy 1402 or any other complaint or reporting procedures established in policy. Rather, this process has been established to advise employees of the proper avenues to use in communicating work-related issues or concerns. Examples of issues or concerns include, but are not limited to, any issues that impact an employee's work unit or impact an employee's ability to do their job. Employees need to remember that they may not take work-related employment issues and concerns to the Mayor and Town Council. Taking employment issues and concerns to the Mayor and Town Council disrupts chain -of -command of employees under the jurisdiction of the Town Manager (Ord. 230-97); and any such issues or concerns will be referred back to staff. This process does not prohibit staff from discussing Town projects and/or business with Council that would normally be brought to their attention. Town of Fountain Hills employees who have work-related issues or concerns should address them within a timely manner. Matters raised within five working days will be considered timely. Employees are to use the following process to resolve such matters. For matters involving harassment, discrimination, or legal violations, Policy 24-8212, ("Harassment") is to be followed. PROCEDURE: Employees are to go to their first-line supervisor in a timely manner with any work-related issue or concern unless it involves harassment or discrimination, in which case they should follow the procedures set forth in Policy 24&212, ("Harassment"Z For legal violations involving their supervisor, employees should go to their supervisor's superior, the Human Resources Administrator, or the Town Manager. Employees may have a regular employee of the Town as a silent witness at meetings in which work issues or concerns are discussed. 2. If the work-related issue or concern has not been resolved at the first-line supervisor level within five working days after the meeting in step 1 (above), employees should go to the next higher level of management. Both the employee and supervisor should document the reasons as to why the concern or issue was not resolved at the first-line level. W1 3. Only after employees have worked their way through their respective Department Head should they take their work-related issue or concern to the Human Resources Administrator or Town Manager. 4. Employees are required to exhaust all internal avenues before taking their work-related issue or concern outside this procedure. The Mayor and Town Council, as well as those outside of the organization, are not in an employee's chain -of -command and therefore are not in a position to address work-related issues or concerns. There will be times in every employee's career when decisions are made that eveFyone doe they do not agree with. That is natural; however, eveFyene is neve-FtheIeSS« <+ "employees are expected to abide by legitimate decisions made under this grievance system whether agreed with or not. Failure to follow this process will have a negative effect on Town organization and will therefore be considered a violation of the Town's Personnel Rules. No employee will be subject to any form of retaliation or discipline for using this process. Any employee found guilty of retaliation will be disciplined. 191 Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: Gr4evaneesGRIEVANCES POLICY NO: 1402 EFFECTIVE: October 7, 2004 REVISED: August 1 201- April 20,_2018 PURPOSE: 1. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 2. To afford employees a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussion. 3. To provide that grievances shall be settled at the lowest possible level. 4. To provide that appeals shall be conducted informally. STATEMENT OF POLICY: The Town of Fountain Hills, in keeping with its policy of maintaining satisfactory working conditions, will provide a means to insure fair handling of employee complaints and grievances. Any employee whose state of mind is so affected by a grievance that hefshethey will not endeavor to, or cannot do the proper thing in the course of performing their regular duties, should immediately pursue the prescribed procedures for grievances. SCOPE: Covered eEmployees defined in Policy 1403 ("Covered/Uncovered Positions") shall have the right to file a grievance under this rule regarding a decision affecting h�{#ertheir employment over which his/hertheir immediate supervisor has partial or complete jurisdiction, with the exception of suspensions, demotions, or dismissals, which shall be appealed directly to the Town Manager. A. This procedure may be used to review the following types of problems, which are intended as examples and not strict limitations: 1. Work Hours 2. Assigned Duties 3. Working Conditions 4. Application of Town policies, as they relate to the employee (e.g. discipline) B. This procedure shall not be used for problems concerning: 1. Due Process related to involuntary termination 2. Compensation 3. Classification 4. Matters covered by state or federal law 5. Performance evaluation 192 PROCEDURE: A. Informal Grievance Procedure 1. An employee who has a problem or complaint should first try to get it settled through discussion with his4ertheir immediate supervisor without undue delay. 2. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, he/hethey will have the right to discuss it with his/hertheir supervisor's immediate department director. If the employee's supervisor does not have a department director, the employee shall discuss the matter with Human Resources. In some circumstances, Human Resources will determine that the matter should be referred to the Town Manager, or his designee, at this stage. 3. Every effort should be made to find an acceptable solution by informal means at the lowest level of supervision. If an employee fails to follow this informal procedure, the grievance will be denied and he4hethey will not be permitted to proceed to the formal grievance procedure outlined below. B. Formal Grievance Procedure Levels of review through the chain of command are listed below: 1. If the employee has properly followed the informal grievance procedure and the matter is not resolved, the employee is eligible to elevate the grievance to this level. Initially, the employee must reduce the grievance to writing citing the article and section of the Personnel Policies alleged to have been violated, if applicable, the date of the violation that forms the basis for the grievance, the nature of the grievance and the relief requested. 2. The written grievance will be presented to the employee's immediate supervisor, within twenty (20) calendar days of the occurrence, and no later than ten (10) calendar days after the informal grievance procedure has been fully exhausted. The supervisor will render his/her decision and comments in writing and return them to the employee within fifteen (15) calendar days after receiving the grievance. 3. If the employee does not agree with his4kertheir supervisor's decision, or if no answer has been received within fifteen (15) calendar days, and the employee wishes to continue in the process, the employee may present the grievance in writing to his4w+lheir supervisor's immediate department director, or in the absence of a department director, to Human Resources. 4. Failure of the employee to take further action within five (5) calendar days after receipt of the written decision of h�their supervisor or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of the grievance. Further Level(s) of Review as Appropriate 1. The second level supervisor receiving the grievance will review it, render his/her decision, and comments in writing, and return them to the employee within fifteen (15) calendar days after receiving the grievance. 2. If the employee does not agree with the decision, or if no answer has been received within fifteen (15) calendar days, and the employee wishes to continue in the process, he4hethey may present the grievance in writing to the Town Manager — through the Human Resources Administrator. 193 3. Failure of the employee to take further action within five (5) calendar days after receipt of the decision, or within a total of twenty (20) calendar days of referral to his4wf:their second level supervisor if no decision is rendered, will constitute a withdrawal of the grievance. Town Manager — Final Step 1. Upon receiving the grievance, the Town Manager or his/her designated representative should discuss the grievance with the employee and with other appropriate persons. 2. The Town Manager or designee may, but is not required, to designate an external fact-finding committee to advise him/her concerning the grievance. 3. 14e�sheThe Town Manager or designee will render a final decision. The Town Manager's or desi ng ee's decision may not be appealed. 1.. TOWN OF FOUNTAIN HILLS EMPLOYEE GRIEVANCE FORM Step 1: In accordance with Town of Fountain Hills Personnel Policy 1402, the employee is responsible for instituting the first step of the grievance procedure without undue delay after becoming aware of, or being reasonably expected to be aware of, a violation of the Town of Fountain Hills' Personnel Rules and Regulations. The employee and the supervisor should make a good faith effort to informally resolve the grievance at Step 1 of the grievance process. Step 2: I have informally discussed this situation with the appropriate supervisory staff, but have been unable to reach an acceptable resolution. I therefore submit a formal grievance to my immediate supervisor in accordance with Town of Fountain Hills Personnel Policy 1402. Grievant's Name: Job Title: Submitted to: At Step II Date: HISTORY AND FACTS OF GRIEVANCE: Provide as much specific information as possible, including all pertinent names, dates and places. Indicate specifically which section of the Personnel Rules and Regulations you believe was violated, if applicable. Attach additional sheets and supporting documentation if necessary. REMEDY SOUGHT: State specifically what action(s) you are requesting to resolve your complaint. Grievant's Signature: 195 Date: Step II — Supervisor's Response: Grievance response must be returned to the aggrieved employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary. Step II — Supervisor's Signature Date: GRIEVANT'S ANSWER TO STEP II RESPONSE: I accept resolution at Step II: Yes No Submitted to: I At Step III I Date: If answer is no, grievance must be submitted to Step III within five (5) calendar days of receipt of Step II response. Give specific reasons why the Step II response is unsatisfactory, and what further action(s) you are requesting to resolve your complaint. Grievant's Signature: Date: Step III — Department Head's Response: Grievance response must be returned to the aggrieved employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary. Step III — Department Head's Signature: Date: GRIEVANT'S ANSWER TO STEP III RESPONSE: I ACCEPT RESOLUTION AT Step III: Yes No Submitted to: I At final step I Date: If answer is no, grievant may submit the grievance within five (5) calendar days of receipt of Step III, the grievance may be submitted to the Town Manager at the Final Step. Give specific reasons why the Step III response is unsatisfactory, and what further action(s) you are requesting to resolve your complaint. GRIEVANT'S SIGNATURE: DATE: Final step — Town Manager's Response: The Town Manager's grievance response will be returned to the aggrieved employee within a reasonable amount of time to fully review the complaint. The Town Manager may respond using the grievance form OR by separate letter which will be attached to the grievance form. TOWN MANAGER'S FINAL DECISION: As per Town of Fountain Hills Personnel Policy X2,1402 ("Grievances"), the decision of the Town Manager is final and is not subject to appeal. TOWN MANAGER'S SIGNATURE: [LS DATE: Town of Fountain Hills Personnel Policies and PFOe„aWeS SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES POLICY: COVERED/UNCOVERED POSITIONS POLICY NO: 1403 EFFECTIVE: August 1, 2013 REVISED: April 20, 2018 PURPOSE: To distinguish covered and uncovered positions with respect to the Town's merit system in accordance with Town Code § 3-2-1 STATEMENT OF POLICY: The merit system regulating the conditions of employment and removal of employees of the Town (including grievance procedures established in Policy 1402) shall not apply to: elected officials; officers subject to appointment and removal by the council; consultants hired on a contract basis; contract employees; part time employees whose regular- workweek is nineteen houfs of less-, non -permanent or temporary employees; volunteer workers who receive no regular compensation from the Town; and members of boards, committees and commissions established by the Council. PHOENIX 77018-1 440207v2 PUPLEGISL ( WWWAZLEAGUEORG BULLETrIN Issue No. 9 — March 9, 2018 Legislative Overview Today marks the 61St day of the legislative session. The pace of activity slowed in the House and Senate this week with light floor calendars. League staff continues to participate in stakeholder meetings on several bills, and is meeting frequently with individual legislators. Budget discussions are reported to be getting underway in the Senate while a group of budget writers is meeting in the House. The chairs and vice chairs of the Appropriations Committees in both chambers are meeting to discuss their budget priorities. Digital goods and Services SB 1392 and HB 2479, TPT; digital goods and services, sponsored by Sen. David Farnsworth (R -Mesa) and Rep. Michelle Ugenti-Rita (R -Scottsdale) respectively, are the companion bills that emerged from the interim committee on Digital Goods and Services. The intent is to draw a line between "pre -written software" and "specified digital goods" (books, music, movies, etc.) that are 'transferred electronically" meaning wholly downloaded or saved in some manner by the user and thus are considered taxable, versus the same items that are "remotely accessed" over the Internet ("in the cloud") without downloading a complete copy and thus are defined as exempt "specified digital services." To accomplish this, the bill creates at least eight new exemptions for transactions that have been held taxable for decades. Last week, despite our best efforts, HB 2479 was approved in the House Committee of the Whole and passed on Third Read by a vote of 39-19. However, when the companion bill SB 1392 was scheduled for floor action in the Senate Committee of the Whole, it was retained on the calendar. The fiscal note prepared by the JLBC confirmed all of our misgivings about the bill including the new exemptions we identified and cost to state and local governments. The proponents of the bill are now questioning the validity of the data we provided to the JLBC as well as questioning our authority to tax these digital goods. Let your legislators know that although it is impossible to be 100% accurate in our estimates of revenue loss, we stand behind the methodology that generated the revenue impact. We also point out the fact that there is no dispute that there will be a revenue impact to the state, cities, towns, counties and school districts. Furthermore, we are confident that state statute gives state and local government the authority to tax these goods and has done so for some time under the retail and tangible personal property rental categories. The statutes don't itemize what is taxable, they establish categories of taxable goods and enumerate what is exempt from definitions in those individual categories. It is imperative that we keep up our efforts to educate legislators about the true negative impacts of this dramatic policy change. Here is a link to a document that explains the bill and its impacts. Home-based Businesses HB 2333 home-based businesses; local regulation (Rep. Jeff Weninger, R -Chandler) is back on the Senate Commerce and Public Safety Committee agenda for Monday, March 12. We question the need for this legislation. Home-based businesses are thriving in every community in the state without it. Cities and towns are currently managing this activity with few problems. We are concerned this bill will eliminate our ability to balance the interests of adjacent property owners. Unless there is an impact on the neighborhood, people are free to run a home-based business without interference from local government. It is only when that business activity encroaches upon the quiet enjoyment of a residential area that a city or town may have to intercede. We approached the sponsor of the bill with suggested changes to HB 2333 that would allow us to stand down and be neutral. While some of our suggestions were accepted, many were not incorporated into the bill and we continue to oppose it. We do not believe it is necessary to address this issue in statute at all. However, if there is going to be a statewide mandate on the treatment of home-based businesses, it needs to maintain the tools cities and towns currently have to address any problems that arise. Please contact your neighborhood groups and other interested citizens to let them know this bill is going to be heard. Additionally, contact your Senator with your concerns. Unless this bill is amended further, we would urge them to support their neighborhoods and vote no. Resolutions Every year the League accepts legislative proposals from our member cities and towns which are discussed, debated and voted on through the policy committee process. The proposals that successfully move forward then become items for consideration at the Resolutions Committee meeting at the League's Annual Conference. This session, several of our current resolutions are successfully moving through the legislature. HB 2334 liquor omnibus, sponsored by Rep. Jeff Weninger (R -Chandler) passed out of the House and awaits a hearing in the Senate. It includes a League resolution to codify an existing practice of allowing municipal clerks to approve special event licenses when they have been authorized to do so by their council. The resolution came out of the League's General Administration, Human Resources, and Elections (GAHRE) policy committee on behalf of the municipal clerks. HB 2078 NOW: political subdivisions; electronic filing system, sponsored by Rep. Mark Finchem (R -Oro Valley), includes a provision to reinstate a permanent $500 threshold above which all local candidates for election must file with the Secretary of State. This resolution arose as a result of the 2016 state law which established a formula to annually increase the threshold above which candidates/committees must file. This created a problem for local elections because campaigns often spend less than the current $1,000 threshold (which will continue to rise). Reinstating a permanent, lower threshold will give clerks more information about who is running locally and allow them to provide more training and education to those candidates. The bill passed out of the Senate Government Committee this week and now moves on to the Rules Committee. SB 1281 street lighting improvement districts; consolidation, sponsored by Sen. John Kavanagh (R -Fountain Hills), will allow the consolidation of two or more street light improvement districts (SLIDs) that have contiguous boundaries, with the consent of the majority of property owners in each of the districts, and allow the addition of new territory into an existing SLID, under certain conditions. Consolidating SLIDs will achieve a more evenly distributed property tax for the payment of energy costs and increase the administrative efficiency for the municipality and the county assessor that, over time, will save taxpayer money. SB 1465 sober living homes; certification, sponsored by Sen. Kate Brophy -McGee (R - Phoenix), also advanced this week, passing out of the Senate unanimously (1 member not voting). Efforts to develop a policy to help protect sober home residents and the communities in which they live was discussed at length over the interim. During this session, through several stakeholder meetings with Sen. Brophy -McGee, the Arizona Department of Health Services and representatives from the sober home industry, an agreement has been reached on the general framework for the bill, which would require all sober living homes to be licensed by DHS going forward. Although there may be minor adjustments to the bill as it moves through the House it is expected to pass the chamber with significant support. Legislative Bill Monitoring Our Legislative Bill Monitoring system has been upgraded! The issue with linking directly to a specific bill's information page on the Arizona Legislature website has been resolved. We have also implemented a self -updating list through Arizona Capitol Reports, providing you with the most up-to-date information possible! Click here to browse through our Legislative Bill Monitoring page! Issue No. 10 — March 16th, 2018 Legislative Overview Today marks the 68th day of the legislative session. Next week will be the final opportunity for committees to take action on bills originating from the opposite chamber. This is the point in the session where we see agendas containing 10 or more bills, as well as a myriad of strike -everything amendments that introduce new proposals or reintroduce previously defeated bills. The appropriations committees in both chambers will have the following week to take action on their assigned bills. To date, 1165 bills have been posted, 44 have been passed, and 26 have been signed into law. Cox Statewide Cable License The stakeholder process for HB 2579 video service; certificates of authority, with Cox Communications has stalled and we have not been contacted by Cox regarding how they will address the concerns we have brought forth. The bill is sponsored by Rep. Jill Norgaard (R -Phoenix). The League and our membership have made good -faith efforts to find a compromise and have offered alternatives; however, Cox has rejected those and continues to push forward HB 2579 in its current form with so many provisions that are unrelated to the concept of statewide licensing and that will have a negative impact on neighborhoods, consumers who subscribe to cable services and taxpayers who do not. The bill in its current form allows cable TV and Internet providers, such as Cox, Comcast and CenturyLink, to obtain a more corporate -friendly statewide license agreement from the Secretary of State and completely abandon their existing agreements with cities and towns that were negotiated in good faith to protect rights- of-way, consumers and taxpayers. We have repeatedly voiced our concerns to Cox regarding this legislation, including that it does not delegate any authority to local or state government to enforce regulations on cable companies, as is the practice with the Corporation Commission that oversees other utilities. The experience in other states that have adopted statewide franchise/license laws that are similar to HB 2579 is very significant and it is clear that it did not live up to expectations. The proponents of these measures claimed that more competition, lower prices, and increased customer satisfaction would be achieved by deregulating the cable TV market, much like what HB 2579 seeks to do. However, it is abundantly clear that this was a failed experiment and, in states that have adopted similar legislation, customer satisfaction is at all-time lows, prices increased substantially soon after legislation was adopted and customer complaints have increased considerably. Please contact your Senators to explain the expected damaging impacts of this legislation and request a more thorough stakeholder process be conducted in the interim to ensure this legislation will not negatively impact consumers and taxpayers. Digital goods and services SB 1392 and HB 2479, TPT; digital goods and services, sponsored by Sen. David Farnsworth (R -Mesa) and Rep. Michelle Ugenti-Rita (R -Scottsdale) respectively, are the companion bills that emerged from the interim committee on Digital Goods and Services. The bill is meant to address gaps in existing the proponents believe should prevent the state and cities from imposing tax on goods and services delivered over the Internet. In reality, all of the items proponents have identified have been consistently taxed at least since the DOR issued a ruling on this in 1993 (TPR 93-48). Originally envisioned as merely codifying existing practice, the truth is this bill creates at least eight new exemptions for transactions that have been held taxable for decades. SB 1392 remains on hold in the Senate awaiting floor action by the Committee of the Whole. No movement is expected until the Joint Legislative Budget Committee issues a revised fiscal note. The JLBC was asked to review the League's methodology and revenue estimates. League staff members spoke with them and feel they are comfortable with the answers and explanations provided. Additionally, the Department of Revenue is said to now be providing their own financial impact analysis to the JLBC for incorporation in the note. The current analysis by League staff on the fiscal impact to cities and towns shows an estimated loss of approximately $48 million in the first year along with a State loss of $120 million and a loss to Prop 301 for schools of at least $14.5 million. This will certainly lead to increasing losses every year thereafter as more and more products are delivered digitally. It is imperative that we keep up our efforts to educate legislators about the true negative impacts of this dramatic policy change. Post -Traumatic Stress Disorders; Presumption Last week HB 2501; PTSD; workers' compensation; presumption sponsored by Representative Boyer (R -Phoenix) was dual assigned to the Senate Finance and Commerce and Public Safety committees. The amended language in HB2501: 1) extends the time to file a workers' compensation claim by tolling the deadline to one year after the last counseling session, 2) creates a presumption of PTSD for the public safety employee unless the employer can prove through a preponderance of evidence the employee's job did not create the PTSD, 3) prohibits the employer from requesting an Independent Medical Exam (IME), 4) increases the number of visits from a minimum of 12 to a total of 48 visits (an additional 36), 5) and requires the employer to pay 100% of the employee's salary during the period of visits if the counselor says the employee is unfit for duty. Independent consultants who have reviewed HB 2501 have identified this bill as the most expansive PTSD language, either proposed or passed, in the whole country. Additionally, the legislature just approved a law during the 2016 legislative session (HB 2350) requiring employers to provide immediate visits with a mental health professional to those first responders who indicate they might have PTSD. That bill has only been in effect for just over eight months and there has been no indication the program is ineffective. Based on these facts many legislators have significant concerns with approving new legislation, particularly something so expansive. Despite those concerns, HB 2501 is scheduled for a hearing in the Senate Commerce and Public Safety Monday, March 19. The bill is not scheduled for a hearing in Senate Finance this week. The League expects to see amendments to the current language of the bill. However, the League maintains that strong public policy should be substantiated by evidence and such evidence is has yet to be provided on this issue. The League cannot stress enough the importance of our first responders to our communities. We also acknowledge that mental health issues must be addressed within the first responder community and we believe HB 2350 is currently addressing those issues. We continue to engage with stakeholders on this topic but we strongly believe it is most prudent to have a robust stakeholder process in the interim where we discuss the effectiveness of the current process and, where there are opportunities for improvement, they are addressed in an evidence -based manner. Legislative Bill Monitoring Our Legislative Bill Monitoring system has been upgraded! The issue with linking directly to a specific bill's information page on the Arizona Legislature website has been resolved. We have also implemented a self -updating list through Arizona Capitol Reports, providing you with the most up-to-date information possible! Click here to browse through our Legislative Bill Monitoring page!