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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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'
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-1 09 RACK
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PLAZA "C'
WATER FEATURE
- SEAT WAIS
- I MORE RAC(
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AVENUE OF THE FOUNTAINS -WEST MEDIAN
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- I AMORE TABLE
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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
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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
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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
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. ; (q lel ! a puaqu3 Inon
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'suDp,lsad Flans Due ainimpue jo adl44 INiel )ue'iseaie 6u AJIDS Iisu suai.0 Mo yl�'joadS
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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Any employee who fails to abide by this policy may be subject to disciplinary action up to and including
ternlination.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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Retirement Plan (401A) First dap of employment
Deferred Compensation Plan (457) First day of employment
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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.
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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:
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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
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136
137
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Itis Arti°4
138
139
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: COBRA
POLICY NO: 91b
EFFECTIVE: August 1, 2013
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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
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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.
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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
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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.
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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.
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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:
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_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.
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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:
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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!