HomeMy WebLinkAboutAgendaPacket100108Z:\Council Packets\2008\R10-1-08\Agenda 10-1-08.doc Last printed 9/26/2008 10:53 AM Page 1 of 3
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: WEDNESDAY, OCTOBER 1, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Vice Mayor Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
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CALL TO ORDER –Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(4), For discussion or consultation with attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (Specifically, (i) the
Golf Resort litigation, and (ii) a possible downtown development agreement).
2.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay Schlum
INVOCATION – Pastor David Felton; The Fountains, A United Methodist Church
ROLL CALL – Mayor Jay Schlum
MAYOR’S REPORT
(i) The Mayor will read a proclamation declaring October 2008, “McDowell Mountain
Month”.
(ii) The Mayor will read a proclamation declaring the week of October 5th through
October 11th, 2008, “Customer Service Week”.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Department Division Information Overview of Services Provided – Customer Service
Representatives (Accounting Supervisor Mary Martin).
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 9, 16, and 18, 2008.
2.) CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION, submitted by Rick Jones (on behalf of the American Legion Post 58), for
the purpose of a fundraiser, located at 16837 Parkview Avenue, Fountain Hills, AZ, which is
scheduled for November 14, 2008, and November 15, 2008, from 9:00 a.m. to 11:59 p.m.;
and November 16, 2008, from 10:00 a.m. to 11:59 p.m.
3.) CONSIDERATION of approving the Area Agency on Aging PURCHASE OF SERVICE
AGREEMENT for Fiscal Year 2009.
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REGULAR AGENDA
4.) PRESENTATION by Valley Metro Transportation regarding the transit system in Maricopa
County and CONSIDERATION of ACCEPTING two (2) Valley Metro Transportation
vans for the total purchase price of Two Dollars ($2.00) for placement into service by the
Town of Fountain Hills to serve transportation needs of Town residents related to Town
programs and services.
5.) CONSIDERATION of RESOLUTION 2008-38, relating to a development agreement
between the Town of Fountain Hills and Fountain Hills Town Square, LLC relating to the
Fountain Hills Town Square Project. Case# DA2008-02
6.) CONSIDERATION of a PROJECT AGREEMENT with Maricopa County Association of
Governments (MAG) to reimburse the Town up to $5,702,557 for engineering fees, right-of-
way, and construction of the Shea Boulevard Widening Project.
7.) CONSIDERATION of approving a CONTRACT with Kaye Contracting Company in the
amount of $109,600 for the annual clean-up of washes to improve fire and drainage control.
8.) CONSIDERATION of the Town of Fountain Hills’ 20-Year CAPITAL
IMPROVEMENT/INFRASTRUCTURE IMPROVEMENT PLAN (CIP/IIP) for the purpose
of reviewing the Town’s development fees.
9.) CONSIDERATION with POSSIBLE DIRECTION TO STAFF regarding amending the
Council Rules of Procedure regarding Section 4.2(B)(2), relating to the manner in which
items are placed on the agenda for discussion.
10.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
11.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
12.) ADJOURNMENT
DATED this 26th day of September 2008
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (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\2008\R10-1-08\Agenda 10-1-08.doc Last printed 9/26/2008 10:53 AM Page 1 of 3
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: WEDNESDAY, OCTOBER 1, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Vice Mayor Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
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CALL TO ORDER –Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(4), For discussion or consultation with attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (Specifically, (i) the
Golf Resort litigation, and (ii) a possible downtown development agreement).
2.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay Schlum
INVOCATION – Pastor David Felton; The Fountains, A United Methodist Church
ROLL CALL – Mayor Jay Schlum
MAYOR’S REPORT
(i) The Mayor will read a proclamation declaring October 2008, “McDowell Mountain
Month”.
(ii) The Mayor will read a proclamation declaring the week of October 5th through
October 11th, 2008, “Customer Service Week”.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Department Division Information Overview of Services Provided – Customer Service
Representatives (Accounting Supervisor Mary Martin).
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from September 9, 16, and 18, 2008.
2.) CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION, submitted by Rick Jones (on behalf of the American Legion Post 58), for
the purpose of a fundraiser, located at 16837 Parkview Avenue, Fountain Hills, AZ, which is
scheduled for November 14, 2008, and November 15, 2008, from 9:00 a.m. to 11:59 p.m.;
and November 16, 2008, from 10:00 a.m. to 11:59 p.m.
3.) CONSIDERATION of approving the Area Agency on Aging PURCHASE OF SERVICE
AGREEMENT for Fiscal Year 2009.
Z:\Council Packets\2008\R10-1-08\Agenda 10-1-08.doc Last printed 9/26/2008 10:53 AM Page 3 of 3
REGULAR AGENDA
4.) PRESENTATION by Valley Metro Transportation regarding the transit system in Maricopa
County and CONSIDERATION of ACCEPTING two (2) Valley Metro Transportation
vans for the total purchase price of Two Dollars ($2.00) for placement into service by the
Town of Fountain Hills to serve transportation needs of Town residents related to Town
programs and services.
5.) CONSIDERATION of RESOLUTION 2008-38, relating to a development agreement
between the Town of Fountain Hills and Fountain Hills Town Square, LLC relating to the
Fountain Hills Town Square Project. Case# DA2008-02
6.) CONSIDERATION of a PROJECT AGREEMENT with Maricopa County Association of
Governments (MAG) to reimburse the Town up to $5,702,557 for engineering fees, right-of-
way, and construction of the Shea Boulevard Widening Project.
7.) CONSIDERATION of approving a CONTRACT with Kaye Contracting Company in the
amount of $109,600 for the annual clean-up of washes to improve fire and drainage control.
8.) CONSIDERATION of the Town of Fountain Hills’ 20-Year CAPITAL
IMPROVEMENT/INFRASTRUCTURE IMPROVEMENT PLAN (CIP/IIP) for the purpose
of reviewing the Town’s development fees.
9.) CONSIDERATION with POSSIBLE DIRECTION TO STAFF regarding amending the
Council Rules of Procedure regarding Section 4.2(B)(2), relating to the manner in which
items are placed on the agenda for discussion.
10.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
11.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
12.) ADJOURNMENT
DATED this 26th day of September 2008
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (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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PURCHASE OF SERVICE AGREEMENT
A2009-07-FTN
Area Agency on Aging, Region One, Incorporated AND Town of Fountain Hills
1366 E. Thomas Road, Suite 108 13001 North La Montana Drive
Phoenix, AZ 85014 Fountain Hills, Arizona 85268
(602) 264-2255 FAX (602) 230-9132 480-816-5186 fax 480-816-0280
FEI: 860650150
DURATION OF THE CONTRACT
Effective July 1, 2008 and shall end June 30, 2009.
PROVIDER INFORMATION
Chief Executive or designee: Samantha Coffman, Title: Director of Community Ctr & Sr Services
Address: (same as above)
The Area Agency shall address all notices relative to this Contract to the attention of:
Kelley Fonville, Title: Senior Services Supervisor
Teri Larson, Title: HDM Coordinator
Address: (same as above)
AREA AGENCY INFORMATION
The Contractor shall address all notices relative to this Contract to the attention of:
Name: Sally Jones, Title: Grants Specialist
This Agreement is entered into by and between Town of Fountain Hills hereafter referred to as Contractor, and
Area Agency on Aging, Region One, Incorporated hereafter referred to as Area Agency. The Contractor, in
consideration of the covenants and conditions set forth herein, shall provide and perform the services as set forth
in the Contract Terms and Conditions, Scope(s) of Work, Service Specification(s), and other Area Agency
manuals, policies, and directives. Contractor hereby affirms that all insurance and indemnification
requirements as set forth in this contract have been met and shall be maintained fully throughout the terms of
this contract. Further, Contractor will supply to Area Agency the required certificates of insurance including all
required “additional insured” as identified in this contract. All rights and obligations of the parties shall be
governed by the terms of this document, its exhibits, attachments, and shall include any subcontracts and the
proposed and approved service methodology, proposal documents, and budget, as offered.
Notice under this Agreement shall be given by personal delivery or by mail to the persons indicated above and
shall be effective upon receipt by the party to whom addressed unless otherwise indicated in said notice.
IN WITNESS WHEREOF, the parties enter into this Contract:
AREA AGENCY ON AGING, TOWN OF FOUNTAIN HILLS
REGION ONE, INCORPORATED
Signature Date
Signature Date
Mary Lynn Kasunic, President & CEO
Area Agency on Aging Director
Name and Title
Samantha Coffman, Director of Community Center &
Senior Services
Name and Title
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CONTRACT TERMS AND CONDITIONS
A. Contract Administration
a. TERMS
i. Contract Term The term of this contract shall be for the period of time from the contract
begin date to the contract termination date as awarded in a contract or extended in an amendment.
The begin date of the contract term is the date that the Contractor may start to provide services under
this contract. The Contractor will not be paid or reimbursed for contract services provided prior to the
begin date or for services provided after the end date. Payments or reimbursements shall not be made
under this contract outside the effective dates of the contract.
ii. Notices All notices under this contract shall be directed in writing to the persons and addresses
specified for such purpose in this contract, or to such other persons and/or addresses as either party
may designate to the other by notice. In the event that no person is designated to receive notices then
notices shall be sent to the contract signatory.
iii. Amendments This contract is issued under the authority of the Area Agency President/CEO who
signed this contract. The contract may be modified only through a contract Amendment within the
scope of the contract issued under the authority of the Area Agency President/CEO. Changes to the
contract, including the addition of work or materials, the revision of payment terms, or the substitution
of work or materials, directed by a person not specifically authorized by the Area Agency
President/CEO in writing or made unilaterally by the Contractor are violations of the contract and of
applicable law. Such changes, including unauthorized written contract amendments shall be void and
without effect, and the Contractor shall not be entitled to any claim under this contract based on those
changes.
iv. Cooperation and Understanding
1. Area Agency may undertake or award other contracts for additional work related to the work
performed by the Contractor, and the Contractor shall fully cooperate with such other Contractors
and Area Agency employees, and carefully fit its own work to such other Contractors' work. The
Contractor shall not commit or permit any act which will interfere with the performance of work by
any other Contractor or Area Agency employees. The Contractor shall cooperate as the Area
Agency deems necessary, with the transfer of work, services, case records and files performed or
prepared by the Contractor to other Contractor(s).
2. Transfer of Knowledge: The Contractor shall, whenever feasible, share strategies and techniques
with Department staff to transfer the skills and knowledge acquired in the delivery of the
contracted service.
v. Property of the Area Agency Any materials, including reports, computer programs and other
deliverables, created under this contract are the sole property of Area Agency. The Contractor is not
entitled to a patent or copyright on those materials and may not transfer the patent or copyright to
anyone else. The Contractor shall not use or release these materials without the prior written consent
of Area Agency.
vi. Ownership of Intellectual Property Any and all intellectual property, including but not limited to
copyright, invention, trademark, tradename, service mark, and/or trade secrets created or conceived
pursuant to or as a result of this contract and any related subcontract (“Intellectual Property”), shall be
work made for hire and the Area Agency shall be considered the creator of such Intellectual Property.
The Area Agency in requesting the issuance of this contract shall own (for and on behalf of the Area
Agency) the entire right, title and interest to the Intellectual Property throughout the world.
Contractor shall notify the Area Agency, within thirty (30) days, of the creation of any Intellectual
Property by it or its subcontractor(s). Contractor, on behalf of itself and any subcontractor (s), agrees
to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in
the Area Agency and shall take no affirmative actions that might have the effect of vesting all or part
of the Intellectual Property in any entity other than the Area Agency. The Intellectual Property shall
not be disclosed by Contractor or its subcontractor(s) to any entity not the Area Agency without the
express written authorization of the Area Agency President/CEO.
b. AUDIT At any time during the term of this contract and five (5) years thereafter, the
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Contractor's or any subcontractor's books and records shall be subject to audit by the Area Agency and,
where applicable, the state or federal government, to the extent that the books and records relate to the
performance of the contract or subcontract.
c. LAWS The materials and services supplied under this contract shall comply with all applicable federal,
state, and local laws, and the Contractor shall maintain all applicable license and permit requirements. All
changes in the governing laws, rules, and regulations during the term of this contract shall apply but do
not require an amendment to this contract.
i. Implied Contract Terms Each provision of law and any terms required by law to be in this contract
are a part of this contract as if fully stated in it.
ii. Severability The provisions of this contract are severable. Any term or condition deemed illegal or
invalid shall not affect any other term or condition of the contract.
iii. Compliance with Applicable Law
1. The materials and services supplied under this contract shall comply with all applicable federal,
state and local laws, and the Contractor shall maintain all applicable licenses and permit
requirements. Any changes in the governing laws, rules and regulations during the term of this
contract shall apply but do not require an amendment to this contract.
2. The laws and regulations of the State of Arizona shall govern the rights of the parties, the
performance of this contract and any disputes there under. Any action relating to this contract shall
be brought in Arizona court.
3. The Contractor shall comply with the requirements of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191) and all applicable implementing Federal
regulations. The Contractor shall notify Area Agency no later than one hundred and twenty (120)
days prior to any required compliance date if the Contractor is unwilling to or anticipates that it
will be unable to meet these requirements. Receipt by the Area Agency of a notice of anticipated
inability or unwillingness to comply with these requirements constitutes grounds for the
termination of this contract.
d. DISCRIMINATION The Contractor performing under this Agreement shall comply and take
affirmative action to ensure that all laws and rights regarding nondiscrimination for employment,
subcontracting, and providing services herein contracted.
e. SUBCONTRACTS The Contractor shall not enter into any subcontract under this contract for the
performance of this contract without the advance written approval of the Area Agency President/CEO.
The Contractor shall clearly list any proposed subcontractors and the subcontractor’s proposed
responsibilities. The subcontract shall incorporate by reference all of the terms and conditions of this
contract. The Contractor shall provide copies of subcontracts to Area Agency within ten (10) days of
execution.
f. CONTRACTUAL REMEDIES
i. Right to Assurance If Area Agency in good faith has reason to believe that the Contractor does not
intend to or is unable to perform or continue performing this contract, the Area Agency
President/CEO may demand in writing that the Contractor give a written assurance of intent to
perform. Failure by the Contractor to provide written assurance within the number of days specified in
the demand may at Area Agency's option, be the basis for terminating the contract under the Uniform
Terms and Conditions or other rights and remedies available by law or provided by the contract.
ii. Stop Work Order
1. The Area Agency, at any time, by written order to the Contractor, require the Contractor to stop all
or any part, of the work called for by this Contract for period(s) of days indicated by the Area
Agency after the order is delivered to the Contractor. The order shall be specifically identified as a
stop work order issued under this clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage.
2. If a stop work order issued under this clause is canceled or the period of the order or any extension
expires, the Contractor shall resume work. The Area Agency President/CEO shall make an
equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be
amended in writing accordingly.
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iii. Non Exclusive Remedies The rights and the remedies of the Area Agency under this contract are not
exclusive.
iv. Nonconforming Tender Materials or services supplied under this contract shall fully comply with the
contract. The delivery of materials or services or a portion of the materials or services that do not
fully comply constitutes a breach of contract. On delivery of nonconforming materials or services the
Area Agency may terminate the contract for default under applicable termination clauses in the
contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any
other right or remedy available to it.
v. Right of Offset Area Agency shall be entitled to offset against any sums due the Contractor any
expenses or costs incurred by the Area Agency or damages assessed by the Area Agency concerning
the Contractor's nonconforming performance or failure to perform the contract, including expenses,
costs and damages described in these Uniform Terms and Conditions.
g. TERMINATION In addition to any other legal remedies, the contract may be terminated based on the
following reasons. The Area Agency President/CEO shall provide written notice of the termination and
the reasons for it to the Contractor by certified mail, return-receipt requested. The Contractor shall
continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as
directed in the termination notice.
i. Cancellation for Conflict of Interest Pursuant to A.R.S. §38-511, the Area Agency may cancel this
contract within three (3) years after contract execution without penalty or further obligation if any
person significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the Area Agency is or becomes at any time while the contract or an extension of the contract
is in effect an employee of or a consultant to any other party to this contract with respect to the subject
matter of the contract. The cancellation shall be effective when the Contractor receives written notice
of the cancellation unless the notice specifies a later time. If the Contractor is a political subdivision
of the State, it may also cancel this contract as provided in A.R.S. §38-511.
ii. Termination for Convenience The Area Agency reserves the right to terminate the contract, in whole
or in part at anytime, when in the best interests of the Area Agency without penalty or recourse. In the
event of termination under this paragraph, all documents, data and reports prepared by the Contractor
under the contract shall become the property of and be delivered to Area Agency upon demand. The
Contractor shall be entitled to receive just and equitable compensation for work in progress, work
completed and materials accepted before the effective date of the termination. The cost principles and
procedures provided in A.A.C. R2-7-701 shall apply. The Contractor may terminate this contract at
any time by providing at least sixty (60) days written notice to the Area Agency.
iii. Termination for Default
1. In addition to the rights reserved under the contract, Area Agency may terminate the contract in
whole or in part due to the failure of the Contractor to comply with any term or condition of the
contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to
make satisfactory progress in performing the contract. The Area Agency President/CEO shall
provide written notice of the termination and the reasons for it to the Contractor by certified mail,
return-receipt requested.
2. Upon termination under this paragraph, all goods, materials, documents, data and reports prepared
by the Contractor under the contract shall become the property of and be delivered to the Area
Agency on demand.
3. This contract is voidable and subject to immediate termination by Area Agency upon the
Contractor becoming insolvent or filing proceedings in bankruptcy or reorganization under the
United States Code, or upon assignment or delegation of the contract and/or any rights thereunder
without Area Agency's prior written approval.
4. Area Agency may, upon termination of this contract, procure, on terms and in the manner that it
deems appropriate, materials or services to replace those under this contract. The Contractor shall
be liable to the Area Agency for any excess costs incurred by the Area Agency in procuring
materials or services in substitution for those due from the Contractor.
5. This contract may immediately be terminated if Area Agency determines that the health or welfare
or safety of service recipients is endangered.
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6. The Area Agency has the right to terminate the Agreement with Contractor upon the Contractor’s
noncompliance which does or may jeopardize any Area Agency fund source requirements,
standards, or expectations.
iv. Termination for Any Reason
1. In the event the contract is terminated, with or without cause, or expires, the Contractor whenever
determined appropriate by Area Agency, shall assist the Area Agency in the transition of services
or eligible persons to other contractors. Such assistance and coordination shall include, but not be
limited to, the forwarding of program and other records as may be necessary to assure the
smoothest possible transition and continuity of services. The cost of reproducing and forwarding
such records and other materials shall be borne by the Contractor. The Contractor must make
provisions for continuing all management/administrative services until the transition of services or
eligible persons is complete and all other requirements of this contract are satisfied.
2. In the event of termination or suspension of the contract by Area Agency, such termination or
suspension shall not affect the obligation of the Contractor to indemnify Area Agency, the State,
and DES for any claim by any other party against Area Agency, the State, or DES arising from the
Contractor's performance of this contract and for which the Contractor would otherwise be liable
under this contract. To the extent such indemnification is excluded by A.R.S. §41-621 et seq. or
an obligation is unauthorized under A.R.S. §35-154, the provisions of this paragraph shall not
apply.
v. Continuation of Performance Through Termination The Contractor shall continue to perform, in
accordance with the requirements of the Contract, up to the date of termination, as directed in the
termination notice.
vi. Transition of Activities In the event that a contract is awarded to a new contractor for services similar
to those being performed by Contractor under this contract, there shall be a transition of services
period. During this period, the Contractor under this contract, shall work closely with the new
contractor’s personnel and/or Department staff to ensure a smooth and complete transfer of duties and
responsibilities. The Department’s authorized representative will coordinate all transition activities.
A transition plan will be developed in conjunction with the existing Contractor to assist the new
contractor and/or Department staff to implement the transfer of duties. The Department reserves the
right to determine which projects/service delivery nearing completion will remain with the current
Contractor of record.
h. WARRANTIES
i. Services The Contractor warrants that all services provided under this contract shall conform to the
requirements stated herein and any amendments hereto. The Area Agency’s acceptance of services
provided by the Contractor shall not relieve the Contractor from its obligations under this warranty.
In addition to its other remedies, the Area Agency President/CEO may, at the Contractor’s expense,
require prompt correction of any services failing to meet the Contractor’s warranty herein. Services
corrected by the Contractor shall be subject to all of the provisions of this contract in the manner and
to the same extent as the services originally furnished.
ii. Quality Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants
that, for one year after acceptance by the Area Agency of the materials, they shall be:
1. Of a quality to pass without objection in the trade under the contract description;
2. Fit for the intended purposes for which the materials are used;
3. Within the variations permitted by the contract and are of even kind, quantity, and quality within
each unit and among all units;
4. Adequately contained, packaged, and marked as the contract may require; and
5. Conform to the written promises or affirmations of fact made by the Contractor.
i. FINGERPRINTING As the law may require, Contractor agrees to conduct fingerprinting and
background checks to include but not be limited to the following: personnel who are employed by the
Contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles
or vulnerable adults shall submit a full set of fingerprints to the Contractor. The Contractor shall obtain a
state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544 or shall apply
for fingerprint clearance card within seven working days of employment. The Contractor is required to
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maintain complete documentation of all personnel checks to certify and demonstrate all personnel have
demonstrated clearance.
B. Liability, Indemnification, & Insurance
a. INDEMNIFICATION The parties to this contract agree that the Area Agency and the State of Arizona,
it’s departments, agencies, boards and commissions shall be indemnified and held harmless by the
Contractor for the vicarious liability of the Area Agency or the State as a result of entering into this
contract. However, the parties further agree that the Area Agency and the State of Arizona, it’s
departments, agencies, boards and commissions shall be responsible for its’ own negligence. Each party
to this contract is responsible for its’ own negligence.
i. Payment Indemnification The Contractor shall be responsible for issuing payment for services
performed by the Contractor’s employees, subcontractors, suppliers, all applicable taxes, or any other
third party incurred in the furtherance of the performance or the arising out of the contract and will
indemnify and save the Area Agency harmless for all claims whatsoever out of the lawful demands of
such parties. The Contractor shall, at the Area Agency’s request, furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
b. INSURANCE REQUIREMENTS Contractor and subcontractors shall procure and maintain until all
of their obligations have been discharged, including any warranty periods under this Contract, are
satisfied, insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract. The Area Agency, State of Arizona, and DES in no
way warrants that the minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this contract by the Contractor, its
agents, representatives, employees or subcontractors, and Contractor is free to purchase additional
insurance.
c. ADDITIONAL INSURED REQUIREMENTS For the purposes of this contract, the identified agencies
and specific language shall be identified as additional insured for all contract required insurance policies.
The policies shall include or be endorsed to include the following provisions:
i. Required Agencies:
√ Area Agency on Aging, Region One Incorporated
√ State of Arizona and Department of Economic Security
√ Bridgeway Health Solutions
√ EverCare Select
NA Maricopa County Public Health Department
√ Mercy Care
√ SCAN Health System
ii. Required language for certificate
“The (list above identified agencies),their departments, agencies, boards, commissions, universities
and its officers, officials, agents, and employees shall be named as additional insured with respect to
liability arising out of the activities performed by or on behalf of the Contractor and including
involvement of owned, leased, hired, or borrowed vehicles by the Contractor".
iii. All additional insured shall be covered to the full limits of liability purchased by the Contractor, even
if those limits of liability are in excess of those required by this contract.
iv. The Contractor's insurance coverage shall be primary insurance with respect to all other available
sources.
v. Coverage provided by the Contractor shall not be limited to the liability assumed under the
indemnification provisions of this contract.
vi. The Additional Insured endorsement(s), where applicable to liability policies required under these
provisions, and which extend policy rights to the Area Agency, shall insure only the vicarious liability
to the extent stated in the Indemnification Clause.
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d. MINIMUM SCOPES AND LIMITS OF INSURANCE Contractor shall provide coverage with limits of
liability not less than those stated below.
i. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property
damage, personal injury and broad form contractual liability coverage.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Blanket Contractual Liability – Written & Oral $1,000,000
• Fire Legal Liability $ 50,000
• Each Occurrence $1,000,000
1. The policy shall be endorsed to include coverage for any form of abuse, neglect, and sexual abuse
and molestation.
2. Policy shall contain a waiver of subrogation against all agencies identified in Additional Insured
Section, their departments, agencies, boards, commissions, universities and its officers, officials,
agents, and employees for losses arising from work performed by or on behalf of the Contractor.
This requirement may be satisfied with a policy combining General and Professional Liability,
provided that the General Liability section of the policy is written on an occurrence basis, and
includes coverage for contractual liability.
ii. Automobile Liability Bodily Injury and Property Damage for any owned, hired, leased,
and/or non-owned vehicles used in the performance of this Contract.
1. Combined Single Limit (CSL) $1,000,000
iii. Workers Compensation and Employers’ Liability
1. Workers’ Compensation Statutory
2. Employers’ Liability
a. Each Accident $ 500,000
b. Disease – Each Employee $ 500,000
c. Disease – Policy Limit $1,000,000
3. Policy shall contain a waiver of subrogation against the all agencies identified in Additional
Insured Section, their departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or on behalf of the
Contractor.
4. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under
A.R.S. §23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole
Proprietor/Independent Contractor) form.
iv. Professional Liability (Errors and Omissions Liability)
1. Requirements as follows
a. Each Claim $1,000,000
b. Annual Aggregate $2,000,000
2. In the event that the professional liability insurance required by this Contract is written on a claims-
made basis, Contractor warrants that any retroactive date under the policy shall precede the
effective date of this Contract; and that either continuous coverage will be maintained or an
extended discovery period will be exercised for a period of two (2) years beginning at the time
work under this Contract is completed. The requirement for a policy Annual Aggregate of
$2,000,000 above may also be substituted with an endorsement to the Contractor’s or
subcontractor’s (as the case may be) showing “Unimpaired Annual Aggregate $1,000,000 for the
Name Insured and all additional insured (list all additional insured as specified in this contract)
with respect to contracts with the Area Agency.”
3. Policy shall contain a waiver of subrogation against the all agencies identified in Additional
Insured Section, their departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees for losses arising from work performed by or on behalf of the
Contractor.
4. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined
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in the Scope of Work of this contract.
e. NOTICE OF CANCELLATION Each insurance policy required by the insurance
provisions of this Contract shall provide the required coverage and shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been
given to the Area Agency. Such notice shall be sent directly to the Area Agency Contracts Department
and shall be sent by certified mail, return receipt requested.
f. ACCEPTABILITY OF INSURERS Insurance is to be placed with duly licensed or approved non-
admitted insurers in the state of Arizona with an “A.M. Best” rating of not less than A- VII. The Area
Agency in no way warrants that the above-required minimum insurer rating is sufficient to protect the
Contractor from potential insurer insolvency. If the social services program utilizes the Social Service
Contractors Indemnity Pool (SSCIP) or other approved insurance pool for insurance coverage, SSCIP or
the other approved insurance pool is exempt from the A.M. Best’s rating requirements listed in this
contract. If the Contractor or subcontractor chooses to use SSCIP or another approved insurance pool as
its insurance provider, the contract/subcontract would be considered in full compliance with insurance
requirements relating to the A.M. Best rating requirements.
g. VERIFICATION OF COVERAGE
i. Contractor shall furnish the Area Agency with certificates of insurance (ACORD form) as required by
this Contract. The certificates for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf.
ii. All certificates and endorsements are to be received and approved by the Area Agency before work
commences. Each insurance policy required by this Contract must be in effect at or prior to
commencement of work under this Contract and remain in effect for the duration of the project.
Failure to maintain the insurance policies as required by this Contract, or to provide evidence of
renewal, is a material breach of contract.
iii. All certificates required by this Contract shall be sent directly to Area Agency Contracts Department.
The Area Agency project/contract number and project description shall be noted on the certificate of
insurance. The Area Agency reserves the right to require complete, certified copies of all insurance
policies required by this Contract at any time.
h. SUBCONTRACTORS Contractors’ certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall furnish to the Area Agency separate certificates and endorsements for
each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements
identified within this contract.
i. APPROVAL Any modification or variation from the insurance requirements in this Contract shall be
made by the Area Agency, whose decision shall be final. Such action will not require a formal Contract
amendment, but may be made by administrative action.
j. EXCEPTIONS
i. In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance requirements
shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the Contractor or
subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above
shall apply.
ii. In the event that Contractor determines that it may not be able to comply fully with the insurance
requirements set forth in this section and contract, the Contractor may request that the insurance
requirements be modified pursuant to paragraph 3.i. Approval, provided that such request be delivered
in writing to Area Agency at least ten days prior to contract execution. Contractor shall include with
such request Contractor’s justification for the modification with supporting documentation.
1. As provided in paragraph B.i. Approval, the Area Agency President/CEO shall decide whether to
approve the modification.
2. Modifications that are approved will be done so on a case-by-case basis and shall not affect the
insurance requirements of other Contractors for whom modifications have not been approved. If a
Contractor’s request has not been approved or a Contractor fails to deliver its request prior to the
applicable deadline, then the Contractor shall be required to comply fully with the insurance
requirements set forth fully in paragraph B Approval above.
iii. For any Contractor or subcontractor, which is a public entity (but not a state agency or state university
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referred to in paragraph j.1. above) the indemnification and insurance requirements are replaced in
their entirety by the following:
INDEMNIFICATION: Each party (as "Indemnitor") agrees to indemnify, defend, and
hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property damage, but only to
the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers.
In addition, Contractor shall cause its contractor(s) and subcontractors, if any, to indemnify,
defend, save and hold harmless the all agencies identified in Additional Insured Section, any
jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their
respective directors, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”)
from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred
to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts
or omissions of Contractor’s contractor or any of the directors, officers, agents, or employees or
subcontractors of such contractor. This indemnity includes any claim or amount arising out of or
recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the
specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such
Contractor from and against any and all claims. It is agreed that such Contractor will be responsible
for primary loss investigation, defense and judgment costs where this indemnification is applicable.
For subcontractors which are not public entities, insurance provisions 3.a through 3.i Approval
above shall apply.
iv. For any Contractor or subcontractor, which is a Tribal government, the indemnification and insurance
requirements are replaced in their entirety by the following: Each party is responsible for its own
negligence. Contractor is insured under the federal tort claims act.
C. Services, Records, & Reporting
a. SERVICES
i. Description The Contractor shall provide meals and delivery of meals to Area Agency
authorized home bound clients within geographic area of service. Reference Scopes of Service and
Specifications with exceptions noted as strikethrough (i.e. strikethrough).
ii. Standards The Contractor shall provide the services as identified on the Contract Summary
page(s) of this contract in accordance with the following:
1. Scope of Work(s);
2. Service Specification(s);
3. Approved Methodology(s) or Proposal(s);
4. Approved Budget or Rate;
5. Approved Outreach Plan(s), if applicable; and
6. Other Area Agency manuals, policies, procedures, and directives.
b. NON-DISCRIMINATION OF CLIENTS The Contractor shall comply with Title VI of the
Civil Rights Act of 1964, which prohibits the denial of benefits of or participation in contract services on
the basis of race, color, or national origin. The Contractor shall comply with the requirements of Section
504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of
handicap, in delivering contract services and with Title II of the Americans with Disabilities Act, and the
Arizona Disability Act, which prohibit discrimination on the basis of physical or mental disabilities in the
provision of contract programs, services, and activities.
c. EVALUATION Area Agency may evaluate and the Contractor shall cooperate in the monitoring,
assessing, and evaluation of contract services. Evaluation may assess the quality and impact of contract
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services, either in isolation or in comparison with other similar services, and assess the Contractor's
progress and/or success in achieving the goals, objectives and deliverables set forth in this contract.
d. MONITORING Area Agency may monitor the Contractor and/or subcontractor and they shall
cooperate in the monitoring of services delivered, facilities and records maintained and fiscal practices.
e. RECORDS
i. The Contractor shall retain and shall contractually require each subcontractor to retain all data and
other records relating to the acquisition and performance of the contract for a period of five years after
the completion of the contract. All records shall be subject to inspection and audit by Area Agency at
reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such
records. Contract service records will be maintained in accordance with prescribed Area Agency
policies and procedures.
ii. Contract service records will be maintained in accordance with this contract, amendment, scope(s) of
service, service specification(s), and any other Area Agency policies and directives. Any such records
not maintained may be subject to an audit exception in the amount of the inadequately documented
expenditures.
iii. Contractor shall preserve and make available all records for a period of five (5) years from the date of
final payment under this contract.
iv. Confidentiality Contractor shall observe and abide by all applicable State and Federal statues,
rules, and regulations regarding the use or disclosure of information including, but not limited to,
information concerning applicants for and recipients of contract services. To the extent permitted by
law, the Contractor shall release information to the Area Agency and/or the Attorney General’s Office
as required by the terms of this contract, by law, or upon their request.
f. REPORTING
i. Program Report Each client’s signature sheet for the month with valid daily signatures for days the
client received meals. Include any notes of conflicts or non-delivery of meals.
ii. Financial Report Alpha list of all clients, total meals, and total costs based on unit rate.
iii. Due Dates
1. Unless otherwise provided in this contract, reporting shall adhere to the following schedule: no
later than the tenth (10th) day following each month during the contract term the Contractor shall
submit to Area Agency programmatic and financial reports in the form set forth as required by the
Area Agency. Failure to submit accurate and complete reports by the tenth (10th) day following
the end of a month may result, at the option of Area Agency, in retention of payment. Failure to
provide such report within forty-five (45) days following the end of a month may result, at the
option of Area Agency, in a forfeiture of such payment
2. No later than the twenty-fifth (20th) day following the termination of this contract, Contractor shall
submit to Area Agency a final program and fiscal report. Failure to submit the final program and
fiscal report within the above time period may result, at the option of Area Agency, in forfeiture of
final payment.
D. Compensation
a. REIMBURSEMENT Reference Contract Summary Page
b. DEFAULT If the Contractor is in any manner in default in the performance of any obligation under
this contract, or if audit exceptions are identified, Area Agency may, at its option and in addition to other
available remedies, can either adjust the amount of payment or withhold payment until satisfactory
resolution of the default or exception.
c. AVAILABILITY OF FUNDS
i. The provisions of this contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor, as herein provided, are actually available to
the Area Agency for disbursement. The Area Agency President/CEO shall be the authority in
determining the availability of funds under this contract and the Area Agency shall keep the
Contractor fully informed as to the availability of funds.
ii. If any action is taken by any county, state agency, federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in connection with this
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Contract, the Area Agency may reduce or terminate this contract without further recourse, obligation,
or penalty in the event that insufficient funds are appropriated or allocated.
iii. The Area Agency President/CEO shall have the sole and unfettered discretion in determining the
availability of funds.
d. TERMINATION In the event of termination, the Area Agency shall be liable for payment only for
services rendered prior to the effective date of termination, provided that such services performed are in
accordance with the provisions of this Agreement. The Area Agency shall give written notice of the
effective date of any suspension, amendment or termination under this section at least ten (10) days in
advance.
E. Client Appeals Procedure
Except as otherwise provided for in this contract, if any grievance, which arises under this contract or in
connection with services by the Contractor or a subcontractor, is not disposed of by agreement between the
parties within a reasonable time, the Area Agency appeal procedure shall be utilized to resolve disputes:
1. An applicant, client, or subcontractor (hereinafter "Grievant") shall submit a written request for a
meeting with the Area Agency President/CEO within ten (10) working days following receipt of the
notice of denial, which shall be sent by the Contractor immediately upon its determination that the
dispute has not been resolved to the Grievant's satisfaction.
2. The President/CEO will schedule a meeting to discuss the Grievant’s questions and concerns to be held
within ten (10) working days after receiving the Grievant’s request for a meeting.
3. If a satisfactory resolution cannot be reached in a meeting with the President/CEO, the matter may be
appealed to the Area Agency Executive Committee of the Board of Directors at its next regular
meeting.
4. The Executive Committee, after considering the information presented by the Contractor, Area Agency
staff, and by the Grievant at the meeting, will make a decision on the Grievant's appeal and will notify
the Grievant in writing of its decision within ten (10) working days of the meeting.
5. Grievants who are dissatisfied with the decision of the Executive Committee of the Board of Directors
may appeal to the full Board with ten (10) working days of the receipt of the Executive Committee's
decision.
6. The Board of Directors will consider the appeal at their next regularly scheduled meeting and will
notify the Grievant in writing of its decision within ten (10) working days of the meeting. The decision
of the Area Agency Board of Directors shall be final, unless the Grievant is legally entitled to file a
grievance with Arizona Department of Economic Security, in which case, Arizona Department of
Economic Security’s grievance procedure shall be followed.
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ARIZONA DEPARTMENT OF ECONOMIC SECURITY
SCOPE OF WORK
HOME DELIVERED MEALS
I. SERVICE DEFINITION
A service that provides for a nutritious meal containing at least ⅓ of the Recommended Dietary
Allowance for an individual, delivered to his/her place of residence.
II. PROGRAM INFORMATION
a. The Aging and Adult Administration, though its contracts with the Area Agencies on Aging, shall
provide nutrition services to “participants” - older adults and eligible persons with disabilities. For
older adults, adequate nutrition may be especially important because of their vulnerability to
chronic disease and condition which may impair their ability to function, their access to adequate
food and nutrition, and their ability to live at home in the community. The old-old, minority
individuals, low-income individuals, individuals who live alone, individuals with disabling
conditions particularly those that interfere with their ability to shop and cook for themselves, and
individuals with multiple chronic diseases may be at highest risk for poor nutrition and the resultant
health consequences. Adequate nutrition is integral to healthy aging and the prevention or delay of
chronic disease and disease-related disabilities. Home-delivered nutrition services enable older
adults to avoid or delay costly institutionalization and allow them to stay in their homes and
communities.
b. Area Agency on Aging, Region One’s authorized case management agencies shall perform the
following: An assessment is required for a home-delivered meal participant to establish eligibility
according to the Aging and Adult Administration Case Management Policy and Procedure Manual
Chapter 3120 and as may be amended from time to time.
III. REPORTING UNIT
a. One unit of service equals one meal.
IV. LICENSURE STANDARDS
The Contractor shall comply with the following licensure requirements:
a. Prepare and serve home delivered meals in compliance with all municipal, county, state, and
federal licensure and/or storage requirements related to food handling and distribution.
V. SERVICE STANDARDS
The Contractor shall comply with the following service standards:
a. Registered Dieticians and Registered Dietetic Technicians shall be individuals who meet the
requirements for membership in the American Dietetic Association, have successfully completed
the examination for registration, and who maintain continuing education requirements.
b. Nutritionists shall be individuals with a Bachelor’s or Master’s degree in food and nutrition.
c. Certified Dietary Managers shall be individuals who meet the requirements for certification as
identified by the Certifying Board of Dietary Managers of the Dietary Managers Association and
who maintain continuing education requirements.
VI. SERVICE REQUIREMENTS
The Contractor shall comply with the following service requirements:
a. Menu planning
i. Develop cycle menus to be used on a quarterly basis (every 3 months). A cycle menu is a
six or more week menu that will be rotated throughout the quarter.
ii. Keep menus available for audit inspection for at least one year after the meals have been
served. Menus must also be kept for at least one year at the meal preparation site.
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iii. Write menus in the dominant language or languages of the participant group.
iv. Accommodate ethnic and cultural preferences when planning menus.
v. Plan, prepare, provide and serve meals in accordance with the Arizona Department of
Economic Security Aging and Adult Administration “Nutrition and Food Service
Management Manual” and as may be amended from time to time.
vi. Secure approval of menus on the standardized menu form by a Registered Dietitian (R.D.),
Nutritionist, Dietetic Technician Registered (DTR), or Certified Dietary Manager (CDM)
prior to serving.
vii. Ensure that each meal contains at least one-third (⅓) of the current Recommended Dietary
Allowance of nutrients, as established by the Food and Nutrition Board of the National
Academy of Science – National Research Council. Each meal must contain at least 600
calories but not more than 1,000 calories.
viii. Submit menus on the standardized menu form and secure the approval of a Registered
Dietitian (R.D.), Nutritionist, Dietetic Technician Registered (DTR), or Certified Dietary
Manager (CDM) prior to serving. The R.D., Nutritionist, DTR, or CDM will verify this by
computerized nutritional analysis of at least one meal per week of the menu cycle and
adherence to menu requirements in the Arizona Department of Economic Security Aging
and Adult Administration “Nutrition and Food Service Management Manual.”
ix. Plan menus as hot meals. A cold meal may be planned occasionally to add variety to the
menu, such as chef salad, or sub sandwich.
x. Plan menus to reduce the frequent use of foods high in sugar, salt, and saturated fats.
xi. Plan menus considering the availability of foods during seasons when they are most
plentiful.
b. Meal Preparation and Service
i. Prepare or arrange for preparation and service of meals, and adhere to menus as written.
Substitutions which must be made because of a temporary inability to obtain certain foods
must be selected from the same food group, for example, ½ cup carrots for ½ cup green
beans. Substitution menus for holidays and special occasions must meet menu
requirements. All substitutions must be documented on the menu for site review.
ii. Purchase and receive food contributions only from an approved source, such as grocery
stores and food vendors. The following shall not be used: cans which are bulging, dented,
leaking, rusty, or which spurt liquid when opened; food with an off-odor; food which
shows signs of mold; food prepared or canned in the home.
iii. Package and deliver meals in a safe and sanitary manner.
iv. Deliver meals to an individual, i.e., not left on doorsteps, mailboxes, or porches.
v. Provide each new participant with a current week’s menu and provide on-going individuals
with a copy of the menu at least one week in advance.
vi. Obtain the individual’s signature and date for each meal delivered and maintain the
signatures in a central file.
vii. Document in the individual’s service log the number of meals received each month.
viii. Maintain record/log of the number of meals delivered each month to each participant.
ix. Assess mental and physical status of the individual at the time of meal delivery.
x. Refer all individuals for appropriate action who present additional medical or social
problems during the course of service delivery.
xi. When appropriate for the preservation of the nutritional quality of the meal and/or the
efficiency of food delivery, meals may be prepared then chilled and/or frozen for
distribution. Documentation of the participant’s ability to store and reheat the meal to
appropriate temperatures must be maintained in the file.
xii. Provide frozen or shelf stable meal when it will be used as meals for non-delivery days,
additional meals for the same day, or where it is cost-effective to service expansion to
provide frozen meals beyond the limitations of a hot meal delivery circuit, provided that
(1) the meal, its menu and its preparation meet all the standards of this service
specification, (2) it is verified and documented in the case record that the individual has the
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facilities to properly store and prepare frozen meal(s), and (3) Area Agency on Aging,
Region One shall require case management to meet the following: if an individual is to
receive more than one frozen meal per delivery, then the reason for receiving delivery of
multiple meals must also be documented in the individual’s case record.
xiii. Prepare and serve meals for persons needing diabetic or sodium-restricted diets, etc. (when
appropriate and feasible) with written approval from the individual’s physician, i.e. diet
order. All special diet menus must approved by a RD, Nutritionist, DTR, or CDM.
xiv. Review food service expenditures in order to further cost effective management.
xv. Develop and implement an emergency plan to be used when the meal cannot be prepared
or is unsuitable for consumption. This should include a three-day emergency menu with
supplies on hand for implementation.
xvi. Give participants an opportunity to contribute towards the cost of the meal in accordance
with the Aging and Adult Administration Policy Chapters 3200.
VII. STAFF TRAINING
a. Provide food safety and sanitation training for all new food service personnel within the first month
of employment. Training must cover personal hygiene, proper attire for food service workers,
cleaning and sanitizing, correct use of gloves, proper hot and cold food temperatures, proper use of
a thermometer, food delivery procedures and correct disposal or storage of leftovers.
b. Ensure that all food handlers attend a course of food safety and sanitation within one month of
employment. The site manager or the appropriate management staff shall have additional training
such as ServSafe or other course approved by their County Health Department.
c. Provide training on a periodic basis to persons preparing and delivering meals. Training is
encouraged in the areas of food safety and sanitation, storage, food preparation and service, cost
effective management, purchasing, menu planning, equipment operation and safety.
d. Train meal delivery staff in communication and observation skills necessary to assess an
individual’s mental and physical status at the time of meal delivery.
e. Document staff training in personnel files.
VIII. NUTRITION EDUCATION
Provide the printed nutrition education materials from the congregate site nutrition education sessions
conducted two times per quarter to home delivered meal participants.
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AREA AGENCY ON AGING, REGION ONE, INCORPORATED
SERVICE SPECIFICATIONS
HOME DELIVERED MEALS
1. ADDITIONAL SERVICE DESCRIPTION
a. To provide for delivery of home delivered meals.
b. To conduct a welfare check of the homebound individual as to his/her health or social needs.
c. All clients must be authorized by Area Agency designated case management agencies.
d. Assessments of clients need for meals and the specific need for more than one meal per day shall
be the sole responsibility of case management.
2. ADDITIONAL DEFINITION OF UNIT OF SERVICE
a. One unit of service equals one meal delivered to an authorized client.
3. SERVICE TASKS
The provider is responsible for transporting meals to clients based on the service authorization. The
provider shall comply with the following requirements when delivering meals:
a. Delivery of Home Delivered Meals
i. The vehicle in which meal delivery is provided must have valid license plates and, at a
minimum, the State of Arizona required level of liability insurance.
ii. Individuals conducting the delivery must be a minimum of eighteen (18) years of age and
shall carry agency identification badge. Persons under the age of eighteen may assist with
the delivery process if accompanied and supervised by a designated person over the age of
eighteen.
iii. Two (2) references from persons other than family members must be contacted for newly
hired home delivered meal employees and newly recruited volunteers for delivery of home
delivered meals. Documentation of contacts must be kept on file.
iv. Training shall be provided for persons delivering home delivered meals. Training shall be
conducted prior to the person performing the delivery on their own. Training is the primary
responsibility of the senior center manager. Training must minimally include:
1. social needs of the homebound client;
2. development of observation of skills necessary to detect changes in client
functioning or status;
3. appropriate methods of interacting with homebound clients;
4. appropriate responses to client medical emergencies;
5. methods of reporting changes in client's physical/mental status;
6. methods for reporting barriers to service delivery; and
7. contribution procedures to ensure availability for clients to contribute and ensure
confidentiality for all donors.
v. A review must be conducted at least monthly by staff and/or delivery coordinator of the
client status, routes (including time and distance) delivery specifications, compliance, and
changes, and other home delivered meal services.
b. Client Signatures
i. All clients must sign for the receipt of each home delivered meal.
ii. If a client is unable to sign his/her name, then an adult in the home must sign the client's
name and initial the signature. In the absence of a person in the home, the delivery person
may execute a signature and initial the signature.
c. Meal Delivery
i. Meals will be provided based on case management specific authorization as to day(s) per
week and number of meals per day.
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ii. A route sheet listing all clients’ names, addresses, diet of meal, ability to sign for meal, and
any special delivery instructions must be used by the driver.
iii. Home delivered meal carriers must be opened only when necessary in order to maintain
appropriate meal temperatures throughout the delivery.
iv. Delivery of the meal must be made directly to the client..
v. Delivery person will provide assistance, if needed, in opening the meal containers.
vi. Delivery staff will allow for time in the home to inquire as to the well being and health of
the client. The delivery staff must report all changes in client’s mental or physical status to
the senior center staff. The senior center staff must document the report in the client’s file
and the client’s case manager and/or the emergency contact person for follow up.
vii. If the client is not home to receive the meal, the meal must be returned to the senior center.
d. Non-Provision of Service Non-provision of service occurs when a client does not receive a
scheduled home delivered meal. All instances of non-provision of service must be fully
documented in the client’s case file and appropriate action taken with the client, case manager,
and/or emergency contact by the senior center staff.
4. CLIENT CONTRIBUTION POLICIES
a. SAIL clients shall be provided the opportunity to contribute toward the cost of service.
b. Clients shall be informed of their right to contribute toward the service as well as their right to
obtain the services if unable to contribute.
c. Suggested contribution rates shall be developed by the provider through the site council and
reviewed annually. Any suggested contribution shall not imply a charge.
d. Methods for collecting contributions may vary. However, any method or combination of methods
must allow for a free and voluntary contribution, protect the privacy and confidentiality of each
client with respect to his/her contribution, and be readily accessible to any client who chooses to
make a contribution.
e. Written guidelines and procedures for collections, handling, counting and depositing of
contributions shall follow generally accepted accounting principles.
f. Contributions toward the service shall be used solely to maintain or expand the service and
accounted for on the Area Agency on Aging monthly financial report.
5. DISASTER PREPAREDNESS Contractor will develop and implement an emergency preparedness plan
describing agency protocols to assist clients in the event of an emergency/disaster. The plan should include
agency methods of coordination with state and/or local emergency response agencies. Contractor will
conduct staff training on the implementation of the emergency preparedness plan.
6. REPORTING REQUIREMENTS Reference Reporting Requirements within Agreement
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FACILITY LOCATION CHART
Contract services shall be delivered only at facilities and locations specified below and will be available during the
hours and days of operation indicated:
AGENCY NAME
FACILITY NAME,
ADDRESS,
PHONE NUMBER
FAX NUMBER
WHERE SERVICE(S) WILL
BE PROVIDED
CONTRACTED
SERVICE(S)
(AS PROVIDED BY
EACH FACILITY) SUBCONTRACT
DAYS &
HOURS OF
OPERATION
GEOGRAPHIC
COVERAGE
(service area by
whole cities & communities or
north, south, east, west boundaries)
Town of Fountain Hills
Senior Activity Center
13001 N La Montana Dr
Fountain Hills 85268
480-816-5186
480-816-0280 fax
Home Delivered
Meals
N
A
9:00 am –
4:00 pm
Monday –
Friday
Town of Fountain Hills
This facility(s) listed above will not be open on those holidays marked below:
√ New Years Day 1Good Friday 1Yom Kippur # days OTHER DAYS
√ Martin Luther King Day √ Memorial Day 1Columbus Day 1
1Lincoln’s Birthday √ Independence Day √ Veteran’s Day 1
1Washington’s Birthday √ Labor Day √ Thanksgiving Day # 1 days
√ President’s Day 1 Rosh Hashanah # days √ Christmas Day
1HOLIDAYS marked above apply only to the ADMINISTRATIVE OFFICE, SERVICES are provided 24/7.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 10/8/2008
Meeting Type: Regular
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Richard L. Davis, Town Manager, 480-816-5107, rdavis@fh.az.gov
Strategic Priority: N/A
Council Goal: N/A
REQUEST TO COUNCIL: PRESENTATION by Valley Metro RPTA regarding the transit system in Maricopa County and
CONSIDERATION of ACCEPTING two (2) Valley Metro RPTA transportation vans for the total purchase price of Two
Dollars ($2.00) for placement into service by the Town of Fountain Hills to serve transportation needs of Town residents
related to Town programs and services.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: N/A
Staff Summary (background): A presentation will be made by David Boggs, Executive Director of Valley Metro RPTA,
regarding the transit system in Maricopa County. Staff is requesting formal acceptance of two Valley Metro RPTA
transportation vans, purchased for the total price of $2.00, for use by the Town to serve transportation needs of Town
residents as related to Town programs and services.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Staff recommends acceptance of the transportation vans.
SUGGESTED MOTION: MOVE to accept two (2) Valley Metro RPTA transportation vans for the total purchase price of
Two Dollars ($2.00) for placement into service by the Town of Fountain Hills to serve transportation needs of Town
residents related to Town programs and services.
Attachment(s): N/A
Submitted by:
_____________________________________________
Acting Town Manager Date
Approved:
_____________________________________________
Acting Town Manager Date
1Valley Metro RPTA UpdateTown of Fountain Hills October 1, 2008
22AgendaWho is Valley Metro?Agency Focus in 2008Challenges and OpportunitiesRegional ParatransitService UpdatesLook Ahead
3Who is Valley Metro?
4Represents a Valley-wide transit system made up of 14 local government members* Funded by local and countywide sales taxes, along with state and federal fundsPlan, operate and promote bus transit, Dial-a-Ride and rideshare services in Maricopa CountyImplement transit projects/services in the Regional Transportation Plan (RTP)Valley Metro*Avondale, Chandler, El Mirage, Gilbert, Glendale, Goodyear, Maricopa County, Mesa, Peoria, Phoenix, Queen Creek, Scottsdale, Surprise & Tempe
55At Valley Metro, we develop and deliver an integrated regional transit system with excellence, in collaboration with member agencies and through public and private partnerships. In doing so, we improve the quality of life and the environment, and support economic development. Our Mission
66–In 2004, voters approve transit improvementsEnhanced bus service on 28 routesNew service on 12 routesNew park-and-rides, transit centers, maintenance facilitiesImproved transit technologiesFunds light rail vehicles, maintenance facilities and 28 miles of extensions –ARS Title 48, Chapter 30, Article 1, 48-5307 - authorizes Valley Metro RPTA with the management of the transit portion of the RTP–Invests $9.1 billion in transit over 20 years$4.1 billion for light rail capital$2.2 billion for bus capital$2.8 billion for bus operationsRegional Transportation Plan
7Transit Life Cycle Program Board Adopted Polices, October 20, 2005GUIDING PRINCIPLE 1: A defined and consistent process will be established to implement the voter approved Plan (Proposition 400 maps and capital improvements) GUIDING PRINCIPLE 2: A defined and consistent process for Plan amendments and changes will be established GUIDING PRINCIPLE 3: Funding allocations will be regularly monitored and managed GUIDING PRINCIPLE 4: A defined and consistent process will be established to ensure that legislated compliance audit, reporting and performance requirements are met GUIDING PRINCIPLE 5: Budgeting and accounting systems will be established to manage Public Transportation Funds and monitor and report results GUIDING PRINCIPLE 6: Jurisdictional equity will be monitored annually over 20 years
8System Facts – Valley WideOperate Service 365 days a year 65 Local routes & 2 Rural routes21 Express routes 4 Commuter Service (RAPID) routes 16 Circulators Approximately 33.6 million revenue miles operated during Fiscal Year 2008 Approximately 60 million passenger boardings a year Approximately 200,280 weekday average daily passenger boardings on fixed routesApproximately 259,113 passenger boardings annually using mobility aids Customers using bikes accounted for over 1,320,472 annual boardingsFleet of 855 buses (including circulators), plus 16 Scottsdale Trolleys 95% of the fleet is alternatively fueledContract AdministratorRidership *% of TotalRevenue Miles *% of TotalPhoenix44,470,59574%20,981,52062%RPTA7,941,02513%6,278,19119%Tempe7,320,49812%6,040,58318%Glendale110,941.3%109,909.3%Scottsdale311,344.7%220,770.7%*FY 2008 Data (July 1, 2007 through June 30, 2008)
9System Growth: 2000-2008200020032008Bus Ridership(Millions)Carpool matchlistsVanpools2,3005,9009,70817021034538M50M59.8M
10Help Commuters Find OptionsExpress bus increased by 40% from 6,474 to 9,063 boardingsUse of alternative modes increased from 24% to 43%65% of Valley employees changed their driving habits in response to higher gas pricesAlternative modes saves 292,000 pounds of pollution daily and 430,000 gallons of gasCarpools/vanpools increased from 18% to 28%
11Agency Focus in 2008
12Agency Success in 2007New fare structure approvedRegional ADA paratransit study adoptedBoard adopts new mission, vision and goalsBoard intent to create over time a single regional transit agency
132008 Agency FocusExternal Focus –Adoption and implementation of a Regional Paratransit Program to be implemented in manageable stages (Board adopted in April 2008) –Implementation of Proposition 400 service according to the adopted Transit Life Cycle Program (TLCP)–Mesa Main Street Bus Rapid Transit implementation Internal Focus–Conduct TLCP annual financial model update–Continue Proposition 400 readiness–Service effectiveness and efficiency study follow-up–Regional Transit Framework Study completion, in coordination with Maricopa Association of Governments–Review contract oversight compliance to ensure Sarbanes Oxley and FTA requirements are met
14Challenges & Opportunities
1515ChallengesDemand for more transit service–With volatile gas prices–Increased concerns over air quality–Outlying areas request more transit–Increased operating and fuel costsRevenue shortfall is $2.9 million for FY 2009 (July – August 2008)
16METRO adds a new transit optionBus = backbone of the transit systemComplementary to railEasy connections due to street grid pattern Bus routes deviate up to 1.5 miles to access stationsOpportunities
17Regional Paratransit
18Paratransit Programs (FY2006) Maricopa County9 DAR ServicesSTS County Service7 Scheduling Systems 913,965 Boardings7,674,973 Miles294 VehiclesStaff of 535 $25.23M Total Costs
19Study Recommended Regional DesignCentral Call Center with Sub-Regional Service Operations
20Study Recommended Regional ProgramBenefits to riders–Single phone number–Makes travel between sub-regions more realistically possible, by eliminating most transfers–Improved travel time–Simplified policies and proceduresOperational and management benefits–Can utilize local operations–Can be used to coordinate County and Human Services Transportation–Best design for managing service quality and transition risksUsed by 6 of 11 peer regional programs studiedClear preference of riders and stakeholders
21Study RecommendationsIn-person ADA eligibility determination process Fare-free ADA fixed route pass (only if in-person eligibility process is implemented) Expanded travel training Expanded taxi and mileage reimbursement services Paratransit-to-fixed-route “feeder” serviceUniform regional service standards and policies
22Service Updates
23Service UpdatesCurrent Services 512 Scottsdale Express −2 roundtrips dailyVanpool Program −5 current vanpools, 44 seatsParatransit funding allocation −$7,783 in FY 2009−Annual amount rises and falls with tax revenues Transfer of two Dial-a-Ride vehicles to Town of Fountain Hills for community transportation use–Driver training
24Service UpdatesFuture Service Route 106 Peoria/Shea Supergird service −Now ends at 90thStreet and Shea with a few trips per weekday to the Mayo Clinic at 134thStreet−7 day service−30 minute intervals−July 2014, planned to extend to Fountain Hills Blvd. Complementary Paratransit−Will be required within ¾ mile of supergrid service−Can be funded with Paratransit funding allocation
25Look Ahead
262008 Service Start-upMETRO Light Rail–Grand Opening December 27-28–Revenue Service December 29Valley Metro LINK—New Bus Rapid Transit–Serves as an extension of light rail from Sycamore Transit Center in Mesa to Superstition Springs Mall–Offers limited stops, new buses, faster boarding times, enhanced bus stops–Begins with METRO service–Five BRT routes through 2023
27Thank You! David A. Boggs, Executive DirectorOffice: (602) 534-1800Cell: (602) 206-3445E-mail: dboggs@valleymetro.orgBryan Jungwirth, Chief of StaffOffice: (602) 534-1803Cell: (602) 527-9956E-mail: bjungwirth@valleymetro.orgPat Dillon, Executive AssistantOffice: (602) 534-1806Cell: (602) 460-0325E-mail: pdillon@valleymetro.org
Julie Ghetti, MPA, CPAFinance DirectorOctober 1, 2008
WHAT IS A CIP/IIP?yMulti‐year planning document with detailed timelineyProjects with a projected final cost of at least $50,000 and useful life of at least 10 yearsyThe 20 Year Plan is a requirement for a development fee reviewyIndividual projects will be presented to Council for consideration and possible adoption in future budgetsyThe document becomes an integral part of the budgeting process
WHY DO WE CREATE A CIP/IIP?yServes as basis for adjustments to the development fee scheduleyGuide for efficient and effective construction of public facilitiesyMechanism to collect fees for growthyLong range planning document
HOW DO WE CREATE A CIP/IIP?yProjects in the CIP are based on input from the Town Council, staff, strategic plan (public), mandating agenciesyProjects for first five years prioritized as:yHigh –health and safety, mandated, strategic planyMedium – maintains existing systems, reduces costsyLow – expanded level of service, deferrable
CIP FUNDING OPTIONSyCapital Projects Fund (construction sales tax and surplus General Fund revenues)yDevelopment Fees (growth related projects only)yBorrowing (requires voter approval)yLease/Purchasing
PROJECT CATEGORY
PROJECT CATEGORY
PROJECT CATEGORY
PROJECT CATEGORY
PROJECT CATEGORIES
PROJECT CATEGORY
SUMMARYyCouncil approval of the CIP/IIP the next step in the development fee review processyIn many cases, limited funding will preclude the project from moving forwardyApproval of the CIP/IIP is not approval to move forward with projectsyQuestions?