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Home My WebLink About180521PD NOTICE OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 5:30 P.M. WHEN: MONDAY, MAY 21, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh 1. CONSIDERATION of RESOLUTION 2018-39, declaring and adopting the results of the Special Election held on May 15, 2018. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION, submitted by Kiera Allen representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser to be held from 6:00 PM to 12:00 AM on Monday, June 4, 2018. 3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to future legal services for the Town of Fountain Hills. 4. ADJOURNMENT. DATED this 17th day of May, 2018. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2018\spll80521\180521a.docx Last Printed: 5/17/2018 2:50 PM Page 1 of 1 /'ls^� AIN fit z n NOTICE OF THE �o SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger TIME: 5:30 P.M. WHEN: MONDAY, MAY 21, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh CONSIDERATION of RESOLUTION 2018-39, declaring and adopting the results of the Special Election held on May 15, 2018. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION, submitted by Kiera Allen representing the Fountain Hills Theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, for the purpose of a fundraiser to be held from 6:00 PM to 12:00 AM on Monday, June 4, 2018. 3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to future legal services for the Town of Fountain Hills. Com\171IG0t''l`I► 104`II DATED this 17th day of May, 2018. �2Gti�-yt Ce�4_. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816- 5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. z:\council packets\2018\spI180521\180521a.docx Last Printed: 5/17/2018 2:50 PM Page 1 of 1 Meeting Date: 5/21/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, Town Clerk; 480.816.5115; bbender@fh.az.gov Council Goal: Strategic Values: Not Applicable (NA) Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2018-39, declaring and adopting the results of the Special Election held on May 15, 2018. Applicant: NA Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: A.R.S. §16-642 and §16-646. Staff Summary (background): A.R.S. §16-642 states that the governing body holding an election shall meet and canvass the election not less than six days nor more than twenty days following the election. Although a resolution is not required, adoption by resolution is a formal method by which to provide the information to the public and the results are maintained as a permanent record. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Resolution 2018-39 and accompanying reports related the May 15, 2018 results. SUGGESTED MOTION (for council use): Move to approve Resolution 2018-39. Prepared by: D �� Bevelyn Bender, Town Clerk 5/17/2018 A proved: Grady E. Miller o Manager 5/17/2018 Page 1 of 1 RESOLUTION NO. 2018-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE SPECIAL ELECTION HELD ON MAY 15, 2018. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") caused to be submitted to the qualified electors of the Town of Fountain Hills (the "Town"), at a special election held by mail ballot on May 15, 2018 (the "Special Election"), the question of whether he Town is authorized to levy primary property taxes; and WHEREAS, the Election returns have been presented to and have been canvassed by the Town Council; and WHEREAS, Maricopa County Elections consolidated the Town's five precincts into two Consolidated Precinct Codes ("CPC") to report the mail ballot election results for the Town of Fountain Hills. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the total number of registered voters was 17,168; that the total number of ballots cast at the Election was 10,176; and that the total rate of return was 59.27%. SECTION 2. That the number of provisional ballots was 8, and that the number of provisional ballots not counted was 5, and the number of challenged ballots was 0. SECTION 3. That the number of ballots by Precinct was as follows: PRECINCT CPC CPC TOTAL Rejected ballots 6537 6538 TOTAL Ballots 6,296 3,880 10,176 Under Votes 6 4 10 Over Votes 2 0 2 SECTION 4. That the number of rejected ballots by Precinct was as follows: PRECINCT CPC 6537 CPC 6538 TOTAL Rejected ballots 39 33 72 SECTION 5. The votes cast by Precinct were as follows: PHOENIX 77018-1 4598340 PRECINCT CPC 6537 CPC 6538 TOTAL Yes 2,182 1,277 3,459 No 4,106 2,599 6,705 SECTION 6. The total number of ballots that were undeliverable due to the recipient having "Moved Away" was 1,118; the total number of ballots that were undeliverable due to the recipient being "Temp. Away" was 133; the total number of ballots that were undeliverable was 1,251. SECTION 7: This Resolution shall be in full force and effect immediately upon its adoption. SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Interim Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, May 21, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager 2 PHOENIX 77018-1 4598340 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Mitesh V. Patel, Interim Town Attorney Dickinson Wright PLLC May 16, 2018 3:48 PM Page 1 of 1 MRC_20180515_E May 15, 2018 Summary Report MARICOPA COUNTY FINAL RESULTS Registration & Turnout 111,131 Voters Ballot By Mail Turnout 330508 30.15% Total... 33,508 30.15% TOWN OF FOUNTAIN HILLS QUESTION (0) Under Votes: 10 Over Votes: 2 - PRIMARY LEVY, YES 3,459 34.03% - PRIMARY LEVY, NO 69705 65.97% Total ... 10,164 100.00% TOWN OF QUEEN CREEK PROP 405 (0) Under Votes: 8 Over Votes: 0 - YES 39828 84.35% - NO 710 15.65% Total ... 41538 100.00% CITY OF SURPRISE QUESTION (0) Under Votes: 32 Over Votes: 0 - YES 15,045 80.22% - NO 3,709 19.78% Total ... 189754 100.00% May 16, 2018 3:48 PM Page 1 of 1 M RC_20180515_E 5/15/2018 Precinct Canvass MARICOPA COUNTY TOWN OF FOUNTAIN HILLS QUESTION Printed: Wednesday, May 16, 2018 3:51 PM Data Refreshed: 5/16/2018 3:34 PM Page 1 of 1 1 1 1 1 v � D < D < A �7 v m < O C o_ o r C a m 0 0 0. m m (n z O 6537 7 - MAY 2018 10807 6296 58.26 2182 4106 2 6 6538 8 - MAY 2018 6361 3880 61.00 1277 2599 4 17168 10176 59.27 3459 6705 2 10 Printed: Wednesday, May 16, 2018 3:51 PM Data Refreshed: 5/16/2018 3:34 PM Page 1 of 1 BV IOB MARICOPA COUNTY PAGE: 1 DATE: 5/16/2018 RECORDER'S INFORMATION SYSTEMS CENTER TIME: 8:15:32PM PROVISIONAL BALLOTS HAVA REQUIREMENTS Election: 1335 TOWN OF FOUNTAIN HILLS All Districts ELECTION 1335 TOWN OF FOUNTAIN HILLS PRECINCT 6537 BALLOTS COUNTED: 2 BALLOTS NOT COUNTED: 3 TOTAL BALLOTS: 5 1 AI NEW RESIDENT BALLOT VERIFIED AND ADDRESS UPDATED 1 A2 EARLY BALLOT REQUESTED AND NOT RETURNED 2 B 10 YOU ARE NOT REGISTERED TO VOTE 1 B 12 YOU WERE NOT ELIGIBLE TO VOTE IN THIS ELECTION ELECTION 1335 TOWN OF FOUNTAIN HILLS PRECINCT 6538 BALLOTS COUNTED: I BALLOTS NOT COUNTED: 2 TOTAL BALLOTS: 3 1 A2 EARLY BALLOT REQUESTED AND NOT RETURNED 2 B 10 YOU ARE NOT REGISTERED TO VOTE SUMMARY REPORT TOTALS BALLOTS COUNTED: 3 BALLOTS NOT COUNTED: 5 TOTAL BALLOTS: g PROVISIONAL BALLOTS - SUMMARY REPORT - 1 72 MAY 15,2018 - • •FOUNTAIN Al - AND YOUR ADDRESS HAS BEEN UPDATED A2 - DUE TO EARLY BALLOT REQUESTED BUT NOT RETURNED 0 A3 - YOUR VOTER RECORD WAS LOCATED AND VALID -BALLOT SENT FOR SIGNATURE REVIEW 0 A4 - AS AN ADDRESS PROTECTED VOTER 0 AS - REGISTRATION WAS RECEIVED LATE BUT STILL VALID 0 A6 - AND YOUR NAME CHANGE MADE 0 A7 - SIGNATURE MATCHED - WITH ALTERNATE ID PROVIDED TO MEET REQUIREMENTS 0 A9 - SUFFICIENT IDENTIFICATION PROVIDED AFTER ELECTION DAY 4 B10 - YOU ARE NOT REGISTERED TO VOTE -VISIT WWW. REGISTER. MARICOPAMOTE 0 B11 - INCOMPLETE INFORMATION GIVEN ON YOUR PROVISIONAL BALLOT FORM 1 B12 - YOU ARE REGISTERED BUT NOT ELIGIBLE TO VOTE IN THIS ELECTION 0 B13 - A PREVIOUS EARLY BALLOT WAS ALREADY RETURNED AND COUNTED 0 B14 - VOTED AT THE WRONG POLLING PLACE 0 B15 - SIGNATURE ON PROVISIONAL FORM DID NOT MATCH THE SIGNATURE ON YOUR VOTER REGISTRATION RECORD 0 B17 - INSUFFICIENT IDENTIFICATION PROVIDED AFTER ELECTION DAY 0 B18 - NO BALLOT WAS ENCLOSED IN THE ENVELOPE 0 IB21- GIS RESIDENCE ADDRESS ISSUE 3 <TOTAL VALID CAST 5 <TOTAL INVALID CAST 8 <TOTAL PROVISIONALS CAST Page 1 of 1 EV36Batch-V10.rpt MARICOPA COUNTY Date: 5/16/2018 RECORDER'S INFORMATION SYSTEMS CENTER REJECTED BALLOTS BY PRECINCT / CPC Election Title: TOWN OF FOUNTAIN HILLS Election Number: 1335 Election Date: 05/15/2018 Precinct/CPC Number Precinct/CPC Name 6537 P P N O 7- MAY 2018 6538 PPNO 8 - MAY 2018 Bad Signature Total: 27 No Signature Total: 29 Total Rejected: 56 Returned Late Total: 16 Total Rejected + LATE: 72 Page: 1 Time: 8:14 pm Reason Number Refected BAD SIGNATURE 14 RETURNED LATE 13 NO SIGNATURE 12 BAD SIGNATURE 13 RETURNED LATE 3 NO SIGNATURE 17 EV UNDELIVERABLES (Moved & Temp Away) Election No.: 1335 TOWN OF FOUNTAIN HILLS - MAY 15, 2018 SPECIAL ELECTION Subtotal Moved Away Mode: 11118 Subtotal Temp Away Mode: 133 Grand Total of ALL Undeliverables: 11251 Page 1 of 1 Meeting Date: 5/21/2018 Meeting Type: Special Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION subinitted by Kiera Allen representing the Fountain Hills Theater located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to be held from 6:00 PM to 12:00 AM on Monday, June 4, 2018. Applicant: Kiera Allen Applicant Contact Information: 480-694-5899 Owner: Same Owner Contact Information: Same Property Location: 11445 N. Saguaro Blvd, Fountain Hills, AZ 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 Kiera Allen representing the Fountain Hills Theater 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 Recommendation(s): Approve List Attachment(s): Applicaitons SUGGESTED MOTION (for council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared b Corey Povar, Recreation Manager 5/1/2018 Director's Approval: Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 5/1/2018 • Streets Division N/A Building Safety • Fire Department • Building Division Community Services Rachael Goodwin • Community Services • Development Services Bob Rodgers • Law Enforcement Fire Department • Licensing V FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor X Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Theater Applicant: Kiera Allen Date(s) of Event: Monday, June 4, 2018, from 6:OOpm to 12:OOam at 11445 N. Saguaro Blvd, Fountain Hills, AZ Date Application Received: 05/1/18 Town Council Agenda Date: 5/21/18 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field x Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne V Law Enforcement Mark Fisher X Licensing Sonia Kukkola x Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 5/1/2018 • Streets Division N/A �� • Fire Department • Building Division Community Services Rachael Goodwin • Community Services • Development Services Bob Rodgers • Law Enforcement Fire Department • Licensing V FR: Rachael Goodwin, RE: Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Theater Applicant: Kiera Allen Date(s) of Event: Monday, June 4, 2018, from 6:OOpm to 12:OOam at 11445 N. Saguaro Blvd, Fountain Hills, AZ Date Application Received: 05/1/18 Town Council Agenda Date: 5/21/18 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field x Community Services Rachael Goodwin X Development Services Bob Rodgers Fire Department Jason Payne V Law Enforcement Mark Fisher x Licensing Sonia Kukkola x Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) /I - 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 121,A1, ,�,,II� SECTION 1 Name of Organization: ��`��Ylr Name of of Licensed Contractor only (if any):: l SECTIQN 2 Non-Profit/IRS Tax Exempt Number: � 1– SECTION 3 Event Location: Event Address: SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: ; (-To- D�- 2. Applicant's mailing address: 3. Applicant's home/cell phon 4. Applicant's email address: I eva le ME Date of of Birth Icily Applicant's business phone: ( t State Zip �i(0(P I, (Print Full Name) M /— declare that I am the APPLICANT filing this as listed ab)aVl�s11 have rel the application and the contents and all statements are true, correct an� signature Title/ PositionDate Phone Number J The foregoing instrument was acknowledged before me this 0 I (� �, Day Month Year State County of f A(A My Commission Expires on: atetjy-;n Signature of Notary Public n @PAULA L. WOODWAKu NOWY Pablo - S" d MzOne 9/12/2017 MARICOPACOURTY Page 1 of 5 MY A� equi ng ADA accommodations call (602)542-2999 SE TION 5 Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203.02(E) for the issuance of the permit as indicated by checking one of the boxes below. (1) ❑ The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Candidate: Name Office Month/Year (2) N( The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying under option (2) as a nonprofit entity, please also INITIAL in the space provided next to all following statements to indicate that to the best of the applicant's knowledge they are true and correct. The Applicant 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 IRS 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 Applicant is not aware of any action by the IRS to revoke, suspend, or otherwise eliminate the Applicant's eligibility under 501 (C), or if there is a pending application, the Applicant 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 it is eligible under 501 (C). *The Applicant 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 then take appropriate action with regard to the loss of eligibility_ To be completed only by an Officer, Director, or Chairperson of the organization. I, (Print Full Name) P-A"� 8 �t,l�,f 4/1 N/ �- declare that I am an Officer, Director, or Chairperson of the organization filing this a lication as listed above. I have read the application and the contents and all statements are true, core a d com e. X im SigncZP Title/ Position D e Phone Number The foregoing instrument was acknowledged before me this 0 ` d S- l + Day Month Year State County of My Commission Expires on: w X, Date Signature of Notary Public Notary Pubk - 91* d MZ" SECTION 6 Will this event be held on a c nse thin e already approved premises? ❑Yes ❑No (If yes, Local Governing Bodyi ' ° not re a, lois Name of Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 Phone (Include Area Code) 4 N Z How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-1 - 318 for explanation and check one of the following boxes. Place license in non-use Dispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event Elplit premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 8 What is the purpose of this event? dn-site consumption Off-site (auction/wine/distilled spirits pull) moth SgCTION 1. Has the do( ant been convicted of a felony, or had a liquor license revoked within the last five (5) years? Des (if yes, attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) using the services of a promoter or other person to manage the sale or service of alcohol? EkesWo 3. Is the organizationg (If yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Address Name Percentage: Percentage: Address Street city State Tip Please read A.R.S. $ 4-203.02 Special event license; rules and R19-1-205 Re uirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVEQe�-Fc cues � � FevF e�pECIAL EVENT UNLESS THEY ARF �N o�ic�nnN WINEnrt DISTILLED SPIRITSPUI.I. SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE, 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel OFencing [:]Barriers 1 a • vim' � Explanation: W i � 40�' ,FaOL 44-C.-_ UK I A 0-� UX.O.- CA 00V C ( ve6 v\ qLt, bid OAA r) DY,14-5. <_�&IVAM WIV 6.00 D(CUL __ - 0 9/12/2017 Page 3 of 5 individuals requiring ADA accommodations call (602)542-2999 e SEMI 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 A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date DAY I: � ylI 6 DAY 2: DAY 3: DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9: DAY 10: Day of Week Event Start Time AM/PM License End Time AM/PM ---a awe SECTION II 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. ATTAICH DIA(;RAP I 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 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 Governinq Body Approval Section. Date Received: recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City, Town, County) Signature Date Phone ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter,• prohibited agency action; prohibited acts by state employees,• enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not 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 AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call (602)542-2999 FA F� , Irv, I -M INF®RI, IV AIN�rl TOWN OF FOUNTAIN HILLS 40 TOWN COUNCIL Z n 3 � 6 AGENDA ACTION FORM that is IV 0 Meeting Date: 5/21/2018 Meeting Type: Special Session Agenda Type: Regular Submitting Department: Community Services Staff Contact Information: David Trimble 480-816-5125 dtrimble@fh.az.gov REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Town Attorney legal services. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Article 3 of Town Code indicates that the Town Attorney shall be appointed by and serve at the pleasure of the Town Council. Staff Summary (background): The Town of Fountain Hills has utilized the firm of Dickinson -Wright on an interim basis since October of 2017 for Town Attorney services. A permanent Town Attorney is desired and staff is seeking guidance from Council before moving forward. During the February, 2018 retreat Council discussed several options and consenus seemed to be that a fixed -fee contract would be a good fit for the Town. Staff is attaching a draft request for proposal (RFP) and will present possible next steps and anticipated timeline for the RFP process. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $400,000 Budget Reference (page number): 66 Funding Source: General Fund If Multiple Funds utilized, list here: Streets 10% Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): List Attachment(s): Special Session slide presentation; Proposed RFP for Town Attorney legal services SUGGESTED MOTION (for Council use): Page 1 of 2 Prepared by: - �p /yam-✓�J�" David Trimble, Administraive Services Director 5 15 2018 Director's Approval: D D–a—\JTTrimble, Administrative Services irector -5715/2018 Ap oved: Grady E. Miller, To Hager 5/15/2018 Page 2 of 2 TOWN OF FOUNTAIN HILLS TOWN ATTORNEY SERVICES Town Council Special Session AIN • � y � b that is Nvi ti Grady Miller, Town Manager May 21, 2018 5 Background • Civil legal services is the focus of the Town Attorney function for Fountain Hills • The firm of Dickinson -Wright has been acting as Town Attorney on an interim basis since October of 2017 is In February of 2018, at the annual Town Council retreat staff presented Town Attorney options; including the concept of a flat -fee arrangement • Council discussion and consensus seemed to point toward an Request for Proposal RFP to contract with a law firm utilizing a flat -fee contract for Town Attorney services • $400,000 has been approved by Council as part of the tentatively adopted budget for Town Attorney services for FY 2018-19; (5 -Year average expenditures excluding FY 2018 = $275,000); troughh this RFP process we hope to decrease costs to the 5 -year average expenditure rate Background • Staff has prepared an RFP for Town Attorney services, utilizing information from RFPs other Cities/Towns have used in the past, and incorporating Town of Fountain Hills specific attributes • Scope of work includes all expected Town Attorney functions and tasks,, as well as regular office hours and attendance at the weekly staff management meeting is RFP requires proposals include the fixed -fee concept; and for proposals to identify any special services above and beyond the f 40 ixed fee • Proposals are to include an hourly rate for special services 3 . A e Civil Legal Services Functions: • Drafting ordinances and resolutions • Planning and Zoning • Drafting and negotiating contracts • Property law • Reviewing agendas and minutes • Code enforcement • Review of documents generated by town staff • Development agreements • Procurement • Environmental law • Water law • Election law • Annexations • Bond borrower and issuance • Intergovernmental agreements • Public bidding and contracts 40 • Wireless telecommunication • Cable and franchise law • Personnel and employee related issues • Employee benefits • Improvement and community facilities districts • General municipal, state, and federal law • Attendance and compliance review of town council and other board/commission meetings • Representation of the town before administrative board s 4 '.a d Next Steps • Staff is seeking Council guidance in order to move forward with the RFP process • Staff proposes the following selection process: • A staff panel will initially review and score submitted proposals • A subcommittee of Council will review the top proposals and make recommendations of those firms to be interviewed by the full Town Council • Town Council will interview the principal attorney for the top f irms and make a decision regarding the award of contract d AnPticiated Timeframe • May 30,, 2018 —solicitation for RFP issued / released is June 28, 2018 —Proposals due / staff panel begins evaluation • July 12, 2018 — Staff short list finalized / Town Council subcommittee begins evaluation • August 28, 2018—Town Council subcommittee reviews proposals ID of top ranked firms for consideration of the full Council • September 11, 2018 — Town Council interviews firms • September 18, 2018 — Town Council appoints Town Attorney REQUEST FOR PROPOSALS BY THE TOWN OF FOUNTAIN HILLS FOR TOWN ATTORNEY LEGAL SERVICES Date Issued: MAY 30, 2018 Proposals Due: JUNE 28, 2018 at 5:00 p.m. Submit To: David Trimble Administrative Services Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Town of Fountain Hills Request for Proposals for Town Attorney Legal Services Table of Contents Title Page I. Introduction.............................................................................................................................................. 3 A. Purpose........................................................................................................................................ 3 B. Background................................................................................................................................. 3 C. Submittal Closing, Time, and Location....................................................................................... 5 D. Inquiries....................................................................................................................................... 5 II. Terms and Conditions.............................................................................................................................. 6 A. Proposal Preparation Costs.......................................................................................................... 6 B. Reservation of Right.................................................................................................................... 6 C. Acceptance of Condition............................................................................................................. 6 D. Proposal Inclusion....................................................................................................................... 7 E. Withdrawal of Proposal Before Closing...................................................................................... 7 F. Proposal Submittal....................................................................................................................... 7 G. Contract Execution...................................................................................................................... 7 H. Professional Licensing................................................................................................................. 7 I. Insurance Requirement................................................................................................................ 7 J. Endorsements.............................................................................................................................. 8 K. / Business Certificate •...............00.0.00..0..0.0........................•00..0000..000.................0.00.•0......•...........0.000• 8 L. Public Record.............................................................................................................................. 8 M. Equal Opportunity....................................................................................................................... 8 N. Independent Contractor............................................................................................................... 9 4. Conflict of Interest....................................................................................................................... 9 P. Non -Collusion Affidavit...................................................................................0.0.0.0................0... 9 Q. Appendix..................................................................................................................................... 9 III. Scope of Work......................................................................................................................................... 9 A. Understanding the Scope of Work............................................................................................... 9 B. Specifications.............................................................................................................................. 9 IV. Evaluation and Selection Criteria.......................................................................................................... 11 A. Proposal Evaluation................................................................................................................... 11 B. Selection Process....................................................................................................................... 12 C. Proposal Timeline...................................................................................................................... 12 V. Requested Information.......................................................................................................................... 12 A. General Proposal....................................................................................................................... 12 B. Cost of Proposal........................................................................................................................ 15 VI. Sample Documents A. Copy of Typical Report Provided to Municipalities.................................................................. 16 B. Sample Billing Invoice.............................................................................................................. 16 Attachments A. Certification of Proposal Form................................................................................................. 17 B. Business Information Form...................................................................................................... 18 C. Affidavit of Non -Collusion Form............................................................................................. 19 2 I. Introduction a. Purpose The Town of Fountain Hills invites interested legal firms and individuals to submit proposals for Town Attorney Services as described in the scope of work set forth in this request for proposals (RFP). The Town seeks a Town Attorney who will be responsive and provide clear, understandable, and independent legal advice. The firm/individual must be qualified to provide expertise in the areas of general municipal law, land use, open meeting, contracts, procurement, and conflict of interest laws. The Town Attorney serves under the direction and supervision of the Town Council and acts as their legal advisor. The Town Attorney is not a Town employee and is not entitled to the benefits of a Town employee; the position is strictly on a contractual basis. The Town Council reserves the right to retain or employ other attorneys or special counsel as may be needed, in its sole judgment, to take charge of any litigation or legal matters or to assist the Town Attorney. b. Background The Town of Fountain Hills is located in Maricopa County, approximately 28 miles from Phoenix Sky Harbor Airport. The Town services an area of approximately 20 square miles with a population of just under 25,000. The Town's fiscal year begins on July 1 and ends on June 30. The Town of Fountain Hills was incorporated in 1989 as a general law Town. The Town operates under a Council -Manager form of government. The Town is led by a seven - member Town Council, which is led by the Mayor and Vice -mayor. Article 3 of Town Code indicates that the Town Attorney shall be appointed by and serve at the pleasure of the Town Council. The Vice -mayor title shifts among Councilmembers every eight months to ensure equality among all Councilmembers. Councilmembers are elected to four year terms and the Mayor is elected to two-year terms. The Mayor and Council Elections are held in the Fall Election Cycle with the Primary held in August and the General held in November. The next Mayor and Council Primary Election will be held in August of 2018 with a run-off General Election held in November of 2018 (if applicable). The Council meets in the Town Hall Council Chambers the first and third Tuesdays of each month beginning at 5:30 p.m. and holds a work-study session the second Tuesday of the month beginning at 5:30 p.m., if a topic has been assigned. The Town contracts for police services with Maricopa County and for fire services with Rural Metro; both have indemnified the Town within their individual contracts. The Town contracts with a law firm for prosecutorial services. This firm performs all duties of the Town Prosecutor's Office. The Town is a member of the Arizona Municipal Risk Retention Pool (AMRRP). AMRRP provides general liability and other insurance and risk management services including legal representation of the Town for liability claims. The Town has recently become a member of Employer's Council, a professional organization that provides legal services for personnel matters. These services include general personnel consulting, and legal representation before the Department of Labor, the Equal Employment Opportunity Commission, and other federal and state agencies. Water and trash services are provided by private companies. water is provided by Epcor and trash services are provided by Republic Services. A separate governmental entity, Fountain 3 Hills Sanitary District, provides for collection, treatment, and disposal of wastewater and its byproducts. Town services include parks and recreation, planning, building safety, and street maintenance services. Additional information about the Town can be found on the Town's website atwww.fh.az.gov. The Town Council is responsible for passing Town ordinances, resolutions, adopting an annual budget, appointing committees, and setting policy, among other things. The Town Council appoints the Town Manager. The Town Manager appoints the heads of the various departments and other Town Staff. The Town has approximately 43 full-time employees. The office hours of Town Hall are 7:00 a.m. to 6:00 p.m. Monday through Thursdays. Town Hall is closed on Fridays. The adopted FY 2018-19 operating budget for the Town of Fountain Hills is $38.9 million dollars, with total General Fund expenditures of $17.8 million dollars. c. Submittal Closing, Time, and Location All proposals delivered in an express courier package shall be sealed in a separate envelope within the courier package. Any proposal found ineligible or incomplete shall not be considered for selection. Proposers assume full responsibility for having their proposal deposited at the proper address and no later than the scheduled closing time. Faxed or emailed proposals or modifications will not be considered. Proposals will not be received after the closing date and time indicated below: Proposal Labeling: REQUEST FOR PROPOSAL FOR TOWN ATTORNEY SERVICES Submittal Closing: June 28, 2018 at 5:00 p.m. PST Location: Town of Fountain Hills Administrative Services Attention: David Trimble 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Number of Copies: One (1) Original and seven (7) copies d. Inquiries Any prospective Proposer desiring an explanation or interpretation of the solicitation, specifications, etc. must request so in writing, no later than seven (7) days before proposal due date to allow a reply to reach prospective Proposer before the proposal submission date. The written request must be submitted to the individual identified below (emails permitted). Verbal explanations or instructions given during any phase of this solicitation will not be binding. Inquiries regarding this solicitation shall be directed to: David Trimble Administrative Services Director Town of Fountain Hills 0 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Phone: (480) 816-5125 Email: dtrimble@fh.az.gov Please reference "Request for Proposals for Town Attorney Services" when contacting the Town regarding this solicitation. The Town of Fountain Hills website, www.fh.az.gov will contain a copy of this document as well as a summary of any/all applicable addenda, if any. II. Terms and Conditions a. Proposal Preparation Costs The Town is not, nor shall be deemed, liable for any costs incurred by Proposer in the preparation, submittal, or presentation of their proposals. b. Reservation of Rights This RFP does not commit or obligate the Town of Fountain Hills to accept or execute an agreement for any expressed or implied service. The Town reserves the right to: • Reject any and all proposals received and to acceptor reject any item(s)herein; • Take all proposals under advisement for up to one -hundred twenty (120) days after opening; • Waive any informality on any proposal; • Be the sole judge of the relative merits of the material mentioned in the respective proposal received; • Request any firm/individual submitting a proposal to clarify its proposal during the selection phase; • Negotiate the service schedule and reasonable costs with the selected firm/individual; • Modify or alter any requirements herein, and issue addenda or amendments to this RFP; • Terminate this RFP process at anytime. c. Acceptance of Conditions It is the Proposer's responsibility to examine the scope and location of the proposed work to fully acquaint themselves with the specifications and the nature of the work to be accomplished. Proposers shall have no claim against the Town based upon ignorance of the nature and requirements of the services provided, misapprehension of the work environment, or misunderstanding of the specification or agreement provisions. By submitting a proposal, each Proposer expressly agrees to and accepts the following conditions: 61 • Proposal and cost schedules shall be valid and binding for 120 (120) days following the proposal due date and will become part of the Agreement that is negotiated with the Town. • The Town may require whatever evidence is deemed necessary relative to the Proposer's financial stability and ability to perform these services. • The Town reserves the right to request further information from the Proposer, either in writing or orally, to establish any stated qualifications. • The Town reserves the right to solely judge the Proposer" s representations, and to solely determine whether the Proposer is qualified to undertake these services pursuant to the criteria set forth herein. The Proposer, by submitting a proposal, expressly acknowledges and agrees that the judgment of the Town as to whether or not the Proposer is qualified to perform these services shall be binding, final and conclusive. d. Proposal Inclusions The Request for Proposals documents shall be submitted in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document. e. Withdrawal of Proposal Before Closing Any Proposer may request the withdrawal of their submitted proposal by written request at any time prior to the scheduled closing date and time. Upon receiving written request to withdraw any proposal, the Town will consider the proposal null and void, and return the proposal to the Proposer. Withdrawal of proposal will not impact Proposer's resubmittal for this or any future proposals). f. Proposal Submittal All Proposers shall complete and return one (1) original and seven (7) copies of their proposal on standard 8'h x 11 inch paper size. Proposers shall limit their proposals to no more than twenty-five (25) pages, but may be less. Font size shall be eleven (11) point or larger. Page margins shall be at least '/i inch or more. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered. g. Contract Execution The firm/individual shall prepare the Agreement to be executed by both parties upon final review of the Town. h. Professional Licensing The professional services provider, and any sub-consultant(s), shall possess any necessary professional certification(s) and/or license(s) relative to the work to be performed required by an appropriate licensing authority of the State of Arizona and shall provide evidence of such to the Town with their proposal or prior to commencement of the work in such a form as the Town shall require. i. Insurance Requirement The Proposer shall, at its own expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in, connection with the performance of the Agreement by the consultants, its agent, representatives, employees, or subcontractors. Proposer shall also require all of its subcontractors assigned to provide services to procure and maintain the same insurance requirement for the duration of the Agreement. Specific insurance requirements are as follows: • General Liability Insurance of at least $1,000,000.00 per occurrence and $2,000,000.00 aggregate liability. • Automobile Liability Insurance of at least $1,000,000.00 per accident Combined Single Limit (CSL); • Worker's Compensation Insurance of at least $1,000,000.00 per claim; • Professional Errors and Omissions Insurance of at least $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate liability. . Endorsements Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "Town of Fountain Hills and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with Town." (b) Notice. "Said policy shall not terminate, nor shall it be cancelled, until at least thirty (30) days after written notice is given to Town." (c) Primary Coverage. The policy provides primary coverage to Town and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by Town." Insurance Certificates: Firm shall provide to the Town, certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by Town, prior to beginning work. k. Business License The professional provider, and any sub-consultant(s), shall obtain a valid Town of Fountain Hills Business License on or before their commencement of work. 1. Public Record Be advised that all information contained in proposals submitted in response to this 7 solicitation shall become a matter of public record upon contract award, and made available upon request, unless otherwise marked. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Proposer claims are exempt from disclosure pursuant to Arizona Public Records Laws. m. Equal Opportunity The Town of Fountain Hills requires all Proposers to comply with equal opportunity policies. n. Independent Contractor The Town Attorney will be an independent contractor. All persons employed by a firm in accordance with an Agreement resulting from this RFP will be employees of the firm or law practice and not of the Town of Fountain Hills. o. Conflict of Interest No official, officer, or employee of the Town of Fountain Hills or of a local public body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge, no board member, officer or employee of the Town of Fountain Hills has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the Town of Fountain Hills, and that if any such interest comes to the knowledge of either party at any time, a full disclosure of such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Title 38 of the Arizona Revised Statutes (A.R.S.) 38-501 through 38-511; or under rules in the Arizona Administrative Code. p. Non -Collusion Affidavit All proposals must be accompanied by a signed and notarized Non -Collusion Affidavit (see Attachment C). q. Appendix The appendix shall include any suggested additions or modifications to the scope that the individual/firm believes will' enhance the quality of their proposal. Individual/Firm brochures, exhibits, and any other pertinent documents may be included in the Appendix. III. Scone of Work a. Understanding the Scope of Work The Town Attorney is appointed by and reports to the Town Council. The Town Attorney is the chief legal counsel for the Town of Fountain Hills and, as such, is responsible for advising on all legal matters. The Town of Fountain Hills belongs to the Arizona Municipal Risk Retention Pool (AMRRP). The AMRRP represents the Town in general liability litigation. Additionally, the Town utilizes Employers Council for most personnel and labor law issues, however the Town Attorney advises on these matters as well. b. Specifications The Town Council seeks a Town Attorney who is service-oriented, actively involved in Town matters, creative in finding solutions and pro -active in assisting Town officials and staff. The primary responsibilities the Town will require of its Town Attorney shall include, but not be limited to, the following: • Represent and provide legal advice and consultation on a daily basis to the Town Council, Town Manager and Town Staff as requested or required. Contacts are usually made by email or telephone and same-day response is typically expected. • Maintain regular established office hours at Town Hall, including office hours at least two partial -days per week, including required attendance at the staff management meeting led by the Town Manager (currently every Wednesday morning lasting approximately one hour) except in the case of unavailability due to illness or vacation. � Attend the two regular Town Council meetings per month (the first and third Tuesday of each month) and be prepared to review Town council agenda packets in advance of Town Council meetings, advise the Council and Town Manager on matters on the agenda as well as procedural or substantive issues that arise during the meeting. Attendance at other Town meetings is required when requested. Executive sessions may be held both before and after the regularly scheduled Town Council meeting time of 5:30 p.m. • Recommend policies and procedures that comply with the requirements of the law. • Keep the Town Council informed of legislation or judicial opinions that have potential impact to the Town. • Prepare, review and revise staff documents, including, but not limited to, initiation of memorandums concerning legal issues, contracts, agreements, ordinances, resolutions, land use decisions on appeal, and staff reports for the legal support of Town functions and duties. Review of routine items is generally expected to be completed within ten (10) business days of submittals. For more complex items, the Town Attorney is expected to provide regular reports to the Town Council, Town Manager or the designated staff person on the status of completion and anticipated completion dates. • Provide staff assistance, legal research and counseling related to the acquisition or sale of property, preparation of leases, deeds and easements, agreements, utility franchise agreements, operations governed by law, liability situations, and other matters as necessary requiring legal advice. • Provide support for the Town's Municipal Code compliance program. Support shall include, but not be limited to, establishing necessary procedures and policies for code compliance, enforcing land use regulations that affect Fountain Hills's quality of life, as well as addressing public nuisance violations negatively affecting neighborhoods. • Interpret the Town's Municipal Code and assist in dealing with ordinance infractions as necessary. 9 Prepare amendments to the Town's Municipal Code to ensure alignment with State and Federal law and to reflect Town Council direction. • Provide guidance concerning the requirements of the Arizona Open Meetings Act, public records laws, conflict of interest laws, due process and other legal requirements imposed by statute and common law. • Represent the Town in litigation not covered by the Town's membership in the Arizona Municipal Risk Retention Pool. Provide quarterly litigation reports to the Town, including issues being handled by special counsel. • Provide legal advice and assistance to operating departments, including compliance with State and Town procurement statutes and codes. • Research and interpret laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Town Council and management staff on legal matters pertaining to Town operations. • Represent the Town before other governmental bodies and agencies to promote the interests of the Town. • Oversee coordination with special legal counsel and/or the Arizona Municipal Risk Retention Pool on all Town litigation as directed by the Town Council and/or Town Manager. • Maintain legal files and provide the Town Clerk copies of pertinent pleadings and orders in all litigation the Town Attorney is handling for the Town. • Perform other legal duties or special projects as may be required by the Town Council as may be necessary to complete the performance and functions mentioned above. • Procure, oversee and coordinate Bond Counsel as needed. • Provide a detailed monthly invoice including job titles of staff performing work and hours worked by task. IV. Evaluation and Selection Process a. Proposal Evaluation Selection of Proposer to interview with the Town will be based on the contents of their written proposal. Proposal will be rated according to the following criteria and the respective points assigned to each item (total of 200 possible points combined): • (30 Points) Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations; • (30 Points) Understanding of municipal government issues and municipal law; • (25 Points) Capability to perform legal services promptly and in a manner that permits the Town Council and staff to meet established deadlines and operate in an effective and SII efficient manner; • (25 Points) Qualifications of the key staff that will be assigned to the Town of Fountain Hills under this proposal; • (25 Points) Familiarity with State of Arizona Land Use Law; • (20 Points) Communication skills; • (25 Points) References of past or current municipal law clients or municipal practice; • (20 Points) Proposed fee structure, including but not necessarily limited to, a monthly retainer, services included in monthly retainer, hourly rates for services not included in monthly retainer. During the evaluation process, the Town reserves the right, where it may serve the Town's best interest, to request additional information or clarification from proposing firms/individuals to allow corrections of errors or omissions. The Town reserves the right to verify any information contained in proposals, including references, resumes, etc. The Town reserves the right to investigate and research proposals, including facts and opinions that could be helpful in evaluating the capabilities of firms/individuals whether or not they were specifically included in the proposals. b. Selection Process A panel of staff will review and recommend a short list of firms to be evaluated by a subcommittee of the Town Council. The subcommittee will then recommend a list of finalist firms to interview with the full Town Council. The interviews will allow the designated firms or individuals an opportunity to answer any questions the Town Council may have regarding their proposals. Participation in the interviews will be at no cost to the Town. The Town Council will make the final determination of the successful firm. c. Proposal Timeline Release of RFP- May 30, 2018 Deadline for Proposal Submission - June 28, 2018 at 5:00 p.m. IV. Reauested Information All proposals must provide specific and succinct answers to all questions and requests for information. Indirect, imprecise, or incomplete responses can serve only to the disadvantage of the Proposer. Proposers shall limit their proposals to no more than twenty-five (25) pages, but may be less. Font size shall be eleven (11) point or larger. Page margins shall be at least %2 inch or more. More than one (1) proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered. Please answer the questions in the format and order presented. Submissions of individual resumes alone will not be considered responsive to any specific question. a. General Proposal 11 1. Letter of Transmittal: Signed by an authorized representative of the firm or the individual committing to provide the legal services described above, including a brief introduction and history of the firm, number of employees, proven work history, and a statement as to qualifications. 2. Table of Contents: Include a clear identification of the material by section and page number included in the proposal. 3. Firm Qualifications: Provide professional experience, including a list of all current and prior municipal clients the firm has represented, and qualifications for the Proposer and/or firm and the designated individuals to provide the services specified in the Request for Proposals. Please include responses to the following specific information: a. Describe your firm's background and history; include number of years in business and number of years providing legal services to public sector agencies. b. Location and office(s) that would serve the Town ofFountain Hills. c. Provide the name(s) and qualifications of attorney(s) who would be assigned to represent the Town of Fountain Hills and who will attend Town Council meetings regularly, including the following for each: ■ Certificates or licenses, including the date of admission to the State Bar of Arizona; ■ Length of employment with the firm; ■ Description of education including name of educational institutions, degrees conferred, and year of each degree; ■ Professional background and professional associations; ■ Years of municipal or other local public -sector experience; ■ Knowledge of, and experience with Arizona Municipal Law relating to general law cities including, but not limited to, land use and planning, environmental law, general plans, public records, code enforcement and other related areas of law, administrative law, contracts, and other areas of municipal law; ■ Specific expertise and training; ■ Provide complete resumes of the persons designated by the firm to be the Town Attorney or substitute Town Attorney. d. Describe your view of the role of the Town Attorney. e. Describe how you would structure the working relationship between the Town Council, Town Manager, Town Clerk, Department Heads, and other members of staff. 12 f. Describe how you will keep the Town Council and the Town Manager informed about the status of litigation, significant case law and other legal matters. g. Describe the response time we can expect from the Town Attorney to inquiries made by the Town Council and Town Manager. h. Describe the response time we can expect from the Town Attorney to public records requests. i. Describe how you will track and manage legal costs so that the Town's legal costs are held to a minimum. Please provide an example. j. Describe how you will proactively advise the Town Council, Town Manager and staff about legal developments or issues of concern, without being asked. k. Describe how as the Town Attorney you would coordinate your daily work with the Town Manager and Town Department Heads. 1. Clearly describe your range of experience with the project negotiation, development agreements, and the drafting and implementation of other agreements and contracts (i.e. lease, purchase) and litigation. m. How would you evaluate whether to use an attorney within your law firm or an attorney from another law firm to handle a case, provide expert advice, or provide other needed services? n. Describe the firms' practices regarding professional development training and keeping current with the laws and legal matters affecting its clients. o. Describe systems/mechanisms that would be established for regular reporting of status of projects, requests, and litigation. p. Identify the types of reports your firm would provide to the Town Council and Town Manager. q. Describe how your firm would provide legal services related to code compliance issues. r. Describe your firm's suggested process for transmittal of requests and other material to Town Attorney. s. It is anticipated that the Town will contractually require monthly -itemized statements for all services and will subject these statements to audit at least annually. Describe how you would provide this reporting. 4. Please complete and submit the Certification of Proposal Form (Attachment A) and Business Information Form (Attachment B) with your Proposal. 5. References: Provide contact information for three (3) municipal, public agency and/or key clients for which legal services have been provided in the last ten (10) years. Please 13 include the contact person's name, address, phone number and email address. 6. Clients/Potential Conflicts of Interest: a. Identify any foreseeable or potential conflicts of interest and public clients you serve and the manner in which you would propose to resolve such conflicts. b. For the person to be designated as Town Attorney and any substitute Town Attorney(s), list all public clients that person presently represents as Town Attorney or general counsel, along with the meeting dates and times for each governingbody. c. List all private clients that could potentially pose a conflict of interest with your representation of the Town of Fountain Hills. d. Identify all situations in the last five (5) years in which you have been adverse to public entities, either in litigation or administrative matters. e. Please list any political contributions of money, in-kind services, or loans made to any member of a Town Council within the last three (3) years by the applicant law firm and all of its attorneys, including the attorney being proposed to represent the Town of Fountain Hills. 7. Insurance: Please include a description and pertinent information regarding the general liability and malpractice insurance carried by the firm or individual, including the amount of coverage provided by such insurance. b. Cost of Proposal It is anticipated that the Town will expect the selected firm to provide a system wherein "general" services are provided under a fixed monthly retainer and any additional "special" services are billed at a pre -negotiated hourly rate. 1. General Services: Please give your definition of "general" legal services. would all general legal services be included in your monthly retainer? Please list those general services that will and will not be included in the monthly retainer. 2. Special Services: Please give your definition of "special" legal services. How are they differentiated from general legal services? Would any special services be included in your retainer? If so, please identify them. 3. How would your firm aid the Town in containment of its cost for Town Attorney legal services? 4. Billing Method: Describe your firm's preference for method of payment, payment terms, and your procedure for billing retention, hours, and expenses and other accounting requirements. 5. Reimbursable: Define the type and unit rates for reimbursement of expenses. For example, rate for mileage, reproduction of documents or unit costs for telephone costs, etc. 14 6. Adjustments: Do you expect to have a cost -of -living adjustment incorporated into the agreement with the Town? If so, please explain how you propose it be computed and implemented. Do you expect the Town to provide access to law books? Do you expect that the Town will pay for travel expenses and/or professional development expenses? 7. Would your firm be willing to operate under a maximum annual expenditure cap with the Town? If so, please explain how it might be structured. 8. Monthly Retainer/Billable Hours: The proposed compensation shall be in two (2) formats. The Proposer shall propose a fixed rate under a monthly retainer fee for regular attendance at Town Council meetings, special Town Council meetings, communications with and on behalf of the Town of Fountain Hills, legal and support services provided to and on behalf of the Town. Provide a description of the proposed compensation schedule and what services would and would not be included in the monthly retainer. Please provide an hourly rate for each individual expected to work for the Town under this arrangement, as well as a rate for specified special legal services beyond the base monthly retainer. Include this information as Attachment C with your proposal. V. Sample Documents a. Sample Report: Please submit a copy of a typical report your firm provides to municipalities (i.e. staff report, memorandum, legal opinion, etc.). b. Sample Billing Invoice: Please submit a copy of a typical invoice your firm provides to municipalities. Please redact any sensitive information. 15 Attachment A Certification of Proposal • The undersigned hereby submits its proposal and, by so doing, agrees to furnish services to the Town in accordance with this Request for Proposal and to be bound by the terms and conditions of the RFP. • This firm has carefully reviewed its proposal and understands and agrees that the Town is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is solely responsible for such errors or omissions. • It is understood and agreed that the Town reserves the right to accept or reject any or all proposals and to waive any informal or irregularity in any proposal received by the Town. • The proposal includes all components, figures and data required by this Request forProposal. • This firm has carefully read and fully understands all of the items contained in this Request for Proposals. This firm agrees to all of the requirements of the RFP. • The Town is not responsible for any cost associated with preparing the Proposal. Date: Name of Firm: Authorized Signature: Print/Type Name: Title: Address: Telephone: Fax: Email: ire Attachment B Business Information Form Name of Firm: Address: Town/State/Zip Code: Telephone: Fax: Email: Website: Federal Tax Number: Number of Years in Business: Number of Employees: Does the firm/business maintain amounts of insurance specified by the Town? Are there any claims that are pending against any insurance policies? If yes, describe: Yes No Yes No Has the firm/business been in bankruptcy, reorganization, or receivership in the last five years? Yes No Has the proposed designated Town Attorney practiced municipal law a minimum of five (5) years? Yes No Is each of the proposed attorneys accredited and in good standing with the State Bar of Arizona? Yes No Business Classification: Corporation Partnership Individual If a Corporation: Date of Incorporation: State of Incorporation: President's Name: If a Partnership: Date of organization: Name of all Partners: 17 Attachment C NON -COLLUSION AFFIDAVIT Town of Fountain Hills Town Attorney Legal Services Request for Proposal State of Arizona) ) ss County of the of (Affiant) (Title) (Contractor) the persons, corporation, or company who makes the accompanying Proposal, having first been duly sworn, deposes and says: That such Proposal is genuine and not sham or collusive, nor made in the interest or behalf of any person not herein named, and that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. (Signature) (Title) Subscribed and sworn to before me this Day of ,20 Signature of Notary Public in and for the County of iK