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HomeMy WebLinkAbout2021.0105.TCRM.Agenda.PacketNOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor David Spelich Councilmember Gerry Friedel Councilmember Sharron Grzybowski TIME: 5:30 P.M. — REGULAR MEETING WHEN: TUESDAY, JANUARY 5, 2021 Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's various Commission, Committee or Board members may be in attendance at the Council meeting. REQUEST TO COMMENT Due to the COVID-19 pandemic, meetings of the Fountain Hills Town Council will be closed to the public until further notice. However, the public is still invited to participate in these meetings through use of the following tools: TO COMMENT IN WRITING: Please feel free to provide your comments by visiting http://www.fh.az.gov/693/Public-Comment-Form and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council. TO COMMENT VIA ZOOM: Please visit http://www.fh.az.eov/693/Public-Comment-Form and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. You will be called on during the meeting when it is your turn to speak. Join the Zoom meeting by visiting: https://zoom.us/j/99161367759?owd=eDIBOFZ6THRXSTIldFUrYXNtVGNvUT09 Meeting ID: 9916136 7759 Passcode: 346485 One tap mobile +12532158782„99161367759#,,,,*346485# US (Tacoma) +13462487799„99161367759#,,,,*346485# US (Houston) Dial by your location +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) Town Council Regular Meeting of January 5, 2021 2of4 +1 646 558 8656 US (New York) Meeting ID: 9916136 7759 Passcode: 346485 As always, the meeting will be broadcast live on Cox Channel 11 and streamed from the internet at www.fh.az.gov. We will continue to look to our state leaders and health care professionals for further direction. Thank you for your compassion and care for the community as we go through this together. TO COMMENT ON ANY OF THE FOLLOWING AGENDA ITEMS HERE NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey MOMENT OF SILENCE 3. ROLL CALL — Mayor Dickey 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A. PROCLAMATION January as Speak Up, Stand Up, Save a Life Month. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. A PRESENTATION on the proposed Active Transportation Plan and Town Council feedback regarding its recommendations. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. Town Council Regular Meeting of January 5, 2021 3 of 4 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of December 1, 2020; and the Regular Meeting of December 15, 2020. B. CONSIDERATION OF Ordinance 21-05, text amendment to Chapter 12 of the Town Code, Section 12-3-10 C, defining term "overnight." C. CONSIDERATION OF Resolution 2021-02, abandoning a 10' Public Utility and Drainage Easement at the rear of 15747 E. Golden Eagle Blvd.(Plat 505-A, Block 3, Lot 16). D. CONSIDERATION OF consent to the formation of the Rio Verde Foothills Domestic Water Improvement District. CONSIDERATION OF Resolution 2021-01 to update the Employee Pay Plan. CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on February 26-28, 2021. 8. REGULAR AGENDA A. HOLD A PUBLIC HEARING AND CONSIDER Ordinance #21-01, amending the official Zoning Maps of the Town of Fountain Hills, Arizona by adding the Planned Shopping Plaza Overlay District to the area bounded on the south by East Avenue of the Fountains, on the west by North La Montana Drive, on the north by East Palisades Boulevard, and on the east by North Saguaro Boulevard. (Case #Z 2020-10) B. CONSIDERATION OF Ordinance 21-03 amending Town Code Chapter 8, Business Regulations, by adding Article 8-6, Vacation Rentals. Town Council Regular Meeting of January 5, 2021 4 of 4 C. CONSIDERATION OF Approving Contract 2021-028, a Services Agreement with Online Solutions, LLC, for Citizenserve, an electronic application processing software and ongoing maintenance and the associated budget transfers. D. CONSIDERATION OF approving the purchase of (1) Toro Multi Pro Sprayer Accessory; (1) Toro Groundsmaster 7200 turf mower. DISCUSSION AND CONSIDERATION of the Findings and Recommendations for the Fountain Park Bollard Light Fixture Painting Pilot Project. CONSIDERATION of Approving the Cooperative Purchasing Agreement with Precision Electric Co. Inc., Contract No. 2021-029, for $100,000 annually, not to exceed $500,000 over the term of the contract. G. DISCUSSION AND POLICY DIRECTION to Mayor Ginny Dickey regarding the possible prohibition of special events in Fountain Hills due to the surge of COVID-19 cases in Maricopa County. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this day of 2021. Elizabeth A. Burke, MMC, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the 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. ITEM 4. A. Meeting Date: 01/05/2021 Agenda Type: Reports TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Angela Padgett -Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett -Espiritu, Executive Assistant to Manager, Mayor/Council SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): PROCLAMATION January as Speak Up, Stand Up, Save a Life Month. Staff Summary (Background) Mayor Dickey will be proclaiming January 2021 as Speak Up, Stand Up, Save a Life Month. The Speak Up, Stand Up, Save a Life movement presents an ideal opportunity to help bridge the gap between young people, our local community, government, and law enforcement in a positive way. Our local schools are facing preventable suicides and tragedies that may include warning signs in person or online, but bystanders or friends remain silent among threats or cries for help. Our young people can be empowered to report concerning posts or comments to school representatives or law enforcement, and adults can receive training to help spread the message it is okay to care enough to speak up, stand up and save a life. More than 4,500 Arizona students from 157 public, charter, private and tribal schools have learned the message and created student -led impact projects in their schools and communities that have impacted over 400,000 youth in the state of Arizona. Attachments Proclamation - January as Speak Up, Stand Up, Save a Life a Month Inbox Finance Director Reviewed By David Pock Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: Angela Padgett -Espiritu Final Approval Date: 12/17/2020 Form Review Date 12/15/2020 01:22 PM 12/16/2020 08:47 AM 12/17/2020 12:39 PM Started On: 12/15/2020 12:37 PM schools have learned the message and created student -led imaact oroiects in their schnnls rm- 1< Meeting Date: 01/05/2021 Agenda Type: Public Appearances/Presentations ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): A PRESENTATION on the proposed Active Transportation Plan and Town Council feedback regarding its recommendations. Staff Summary (Background) After receiving a grant from the Maricopa Association of Governments, the Town of Fountain Hills has been working with J2 Engineering and Environmental Design to prepare an Active Transportation Plan. This plan will provide the Town with an evaluation of its current non -vehicular transportation system (bikeways and sidewalks), make recommendations and set priorities for improvements, provide direction regarding safety issues related to these systems, and provide examples and cost estimates for future improvements. While the Active Transportation Plan does not recommend specific improvements, staff will use the plan's recommendations and priorities to initiate future projects for inclusion in the Capital Improvement Plan. Over the last few months, J2 has gathered information about the current conditions in the Town, reviewed related documents such as the recently approved General Plan 2020, and held two public input sessions to gain information and feedback from the public regarding the needs in the Town. The consultant has formulated recommendations and drafted a preliminary Active Transportation Plan based on the information gathered from the general public. J2 will present its findings and preliminary recommendations at the Town Council meeting on January 5, 2021. The goals of the presentation are to inform the Town Council of the findings and to receive feedback on the preliminary recommendations. Feedback from the Town Council is critical at this stage to ensure that the final Active Transportation Plan captures the needs and priorities of the Town. Presentation Inbox Attachments Form Review Reviewed By Date Development Services Director (Originator) Town Attorney Town Manager Form Started By: John Wesley Final Approval Date: 12/28/2020 John Wesley 12/16/2020 09:49 AM Aaron D. Arnson 12/28/2020 08:39 AM Grady E. Miller 12/28/2020 09:25 AM Started On: 12/16/2020 06:23 AM Town of Fountain Hills Overview - Active Transportation Plan Fountain Hills D,, 7-4e M,,e aJ�,VnIxyr C t Y: W. Graphic Schedule 1�014�f 1, 0" 0�� Aft VT/ Summer f Fall 2020 Fall 2020 j spring 2021 summer 2021 I-,.+f� vY Ai;Pk. -Trnvpr., °wo t? 4 F'r^oi� 6aAeP-;v�9 Ak-�rA 0,5 ATP ATP • Project. Kickoff GIs Data Collection Crash Data Collected • Field Research Public Outreach and Input: Public Meeting (Virtual) • Online Questionnaire ALSO Fountain Hills D,, 7-4e M,,e • Develop Draft Report Town Council Work Session • Joint Committee Meeting of Planning & Zoning and Community Services Advisory Members Town Review of croft Report Public Outreach and Input: Festival of the Arts Booth' Public Meeting (Virtual) • Online input Tentative Pending P�+biic Gathering Recommendations • Final Report • Joint Committee Meeting of Planning & Zoning and Community Services Advisory Members • Town Review of Draft Report • Town Council Session Public Outreach and Input: Public Meeting (Virtual) - Online Input Project Schedule Overview O 1' rY-4i1 -T Public Involvement Input Summary �Aat Is ArYu Zoom Public Meeting Held on September 8, 2020 from 6-8 pm with Question and Answer Period Attendees who logged into the Zoom Public Meeting ± 39 Residents 17 Question Survey about ATP Hosted on Town Web Site ± 53 Respondents Survey was active from September 3rd to September 24th (3 Weeks) Results tabulated and Posted for Public Review on Town Web Site 14 � Fountain Hills D,, 7-4e M,,e oJ�-nINyr C 3 Public In Y �a T 9j�aha! I� A�P Where Residents Currently Like to Walk 9lMr waa mmlbned wM1h Irn Ihan 1% Saleway. ix Dean Yiro, t% P.len eemrn, P% Ba,n„, 2x Panorama. Is srnndar,a% Saruno, a% naam onpn, a% F—in tiH, rt oola.�r r.�;�•,.. �. F e volvement Input Summary Walking������ Roadways with most notable Sidewalk Gaps as identified by Public 5un,ldge Cunynn . 21 Oawa[awrr .ir e.r. z•, Panorama, 2% Oasts, 2% - vae,.�drr ILS Mimosa, 2% Gle�hreak. ]% Fnkr Peaks, 2% Furntaln Park, 2% E Slerra Madre Dr, 2% Bashas area, 2% F—toin HNh giyd, 1474 Bainbridge. 2% G—n ght 5% t she+ gird, 9% Mcoc C.—nity Cenl Bank, 49 Municipal Bulldlnps , 8% dhrary, 84 Downtown B Public Identified Walking Destinations Target, 4% Pou Offire. d% Grocery, 16% Canyon, 8% Avenue of Fountains, 8% Areas in Town Residents Want to Walk but Do Not Due to Gap* at Lsek oil Sidewalks Weaaba p Srme[ ar CYS, 3% rarrraw. )% Glrnp,ppk BIW, )% Faunum nik krvd, !fr [i aurae 0A )% F, GknEr�k rM. !% Peren Ylua vary, )% Cmm�wwda r�bdrvrlbrr, )z saes canrae m srrerbEe eman �, usln<ptwads CI. I% E,ea,.ma air,,. hem 1*. w•k. ax var>adra Seatb54e,w bide Mine, 8% daldm Each, w ► Downtown area remains a walking focus of public ► Sidewalk gap closures are important to public. The town's minor arterials is a public focus ► Safe routes to schools and Town parks remain a focus of the public ► Safer pedestrian signals and crosswalks a public focus �J��nlxyr C � � Public Involvement 9j01hal Ig A0" 4 Citizen Identified Most Popular Bicycle Areas or Roadways @her —meMR with less than l% xa.nw.n,pt xertn.a, a 4mra ✓aR2a frank Rhtl,n Raerew�y3 6eYma &g reernya Mlh— ft All ­k SrnesEale, S% ShoapRr45% iounvirt Pork ef4 Rlo YerEe. ]% Input Summary Bicyclists Favorite Destinations Mdtlle hchool, 2% Targets% gagk Moentlk, 2z Meuvalx 1m — xnd brm, 16% Bicycling ldenefRed 6leyek Safety Iswes Iwra. ev�4 tax � w�.w a.r..y ear rWaau fk ► Town's minor arterials (Saguaro Blvd., Fountain Hills Citizen Identified Bicycle Routes to Improve Blvd., Ft Palisades) remain major bike routes In Townsr,rldge orbe, s- . Golden Eagl. alad, 5i FI agxr 5% Fountain Hills Blvd. identified as the roadway needing the most improvements for bicycle traffic FauatRle Nllk_ SWd, SM Safety relative to speed, signals and signing/striping throughout the Town needs to be continually monitored and if needed improved ► Educational outreach to drivers needs to continually be reinforced about sharing the road with bicyclists 1 r M1JF.1R% -� Public Involvement Continues �Aat Is ArYu ► 1st Joint Committee Meeting Planning and Zoning and Community Services Meeting attended on November 9th, 2020 ► Booth at Festival of Fine Arts Et Crafts November 13th - November 15th Public Meetings Znd Public Meeting December 9th 2020 Zoom Meeting Scheduled 6:00pm to 8:00pm Attendees approximately ± 30 Resident, 3rd Public Meeting to be Determined Spring/Summer 2021 Town Council Meetings ;;ni iarV 5th 2021 SrhArii dines 2nd Town Council Meeting to be scheduled Spring/Summer 2021 2nd Joint Committee Meeting Planning and Zoning and Community Services Meeting to be Scheduled in Spring/Summer of 2021 1k � Fountain Hills D,, 7-4e M,,e �J�7AINy! C Background Research hat Is Arl ► Town of Fountain Hills General Plan Update (2020) ► Fountain Hills Transit Feasibility Study (2014) ► Fountain Hills Transit Feasibility Study (2020) ► Schools (Public and Charter) Fountain Hills Unified School District is comprised of four (4) schools Fountain Hills Charter School ► Parks Fountain Hills' five (5) parks are the places that people go to get healthy, stay fit and stay connected to the community. We have also been informed of three (3) potential new Town park locations that will also be referenced in the plan. Safety Review - A review of collisions involving bicycles and pedestrians, has been reviewed to help identify locations in greater need of improved active transportation facilities 1k � Fountain Hills D,, 7-4e M,,e I �J�TAINyr C Background Research 9Q��_/uoOv hat Is Arl Fountain Hills A is o Fountain Hills D,, 7-4e M,,e Bicycle & Pedestrian Accident Locations 2014-2018 TOWN BOUNDARY c WDOWEIL MOUNTAIN PARK I I I I I I I I Scott J NORTH SALT RIVER PIMA MARICOPA INDIAN COMMUNITY e ° a5 0 Fatal O Pedestrian 0 Bicycle scmE or WitFS (5 total) (15 total) (9 total) �o J,�1 AI N Proposed Sngidewalk Ma i 9�/ o rhae 19 ATSPo Phases Legend - - TOWN OF FOUNTAIN HILLS, ARIZONA PU5LTC WORK5 DEPARTMENT A Is o Fountain Hills D,, 7-4e M,,e SIDEWALK PLAN LONG RANGE PLAN LEGEND: EXISTING SIDEWALK PUBLIC 0 PRIVATE SHARED -Use PATH scorrsDALE PROPOSED SIDEWALK PRIORITY I: S YEAR PLAN PRIORITY 2: 10 YEAR PLAN 0 PRIORITY 3: 15 YEA R PLAN PRIORITY A: TBD GRANT PROJECTS (J SHE BLVD(PAUSADES-SAGUARO) []R PALISADES BLVD (FHB -SAGUARO)•• C4 SAGUARO BLVD(FHB-COLONY)"' ( TUTURE GRAM OPPORTUNITY '•SUDMPTED APPU] T]ON PENOING URBAN TRAIL DESIGNATED ROUTE EXISTING ROUTE ■MM■ PROPOSED ROUTE DEVELOPER PROJECTS 0 PUBLTC PRIVATE G ADERO CANYON PHASE II* Cj EAGLES NEST- PARCEL I FUTURE ARIZONA STATE LAN❑ DEPT (FORMER ELLMAN DEV�AGREEMENT} (� DAYBREAK' []s FH MEDIM CENTFR - PHASE I' Lfi) KEYSTONE' M CASA'S DEL LAGO' C--B1 SERENITY ESTATES' •' PROPOSED ) FUTVRE ON-SRE 5B]EWMxs NOT SNCWN F----1 EXISTING MOUNTAIN PARK TRAILS IN yr Proposed Sidewalk Long Range Pta a!� A P A is o Fountain Hills D,,TGe M,,,e 07 JET AIN yQ 5:= Proposed Bicyc[ing Map Legend ghat Is ArKu TOWN OF FOUNTAIN HILLS, ARIZONA PUBLIC WORKS DEPARTMENT BIKEWAYS PLAN LONG RANGE PLAN LEGEND: BIKEWAYS 0 EXISTING BIKE LANE PROPOSED BIKE LANE EXISTING BIKE ROUTE PROPOSED BIKE ROUTE EXISTING MOUNTAIN PARK TRAILS A-40 Fountain Hills D,, T4e M,,e 11 ALIN yr =�� MWProposed B Also Fountain Hills 0,, 7-4e A4,,e icycle Routes Long Range Plan tOWN OF FO AR ZCNA LONG RANGE PLAN SCOWSCIALE --------------- - -- Suggested Evaluation of New Bicycling Lane Markings at Select Town Intersections 1 1 i off Fountain Hills D,, 7-4e M,,e 1 1 1 i El 3£ I. 13 Suggested Evaluation of New Pedestrian Signals and Signage at Select Town Intersections �A�SSYl AWN � • • � �i=�'�� • • Now to use the HAWK PIDISiRIA' I BRIMS ©PUSH mE �• YRIYf NunNN - SLOW DOWN SiUP 'siAAf P,wISNiNG STOP CNOSGING • •� STOP fIRST A 4 0 Fountain Hills D,, T4e M,,e 14 Suggested Handouts at Town Event Hall Relative to Safety and Multi U. / DO 1 P rdesin ns p blis ed y edesfians uhlishetl 6 the Ancona Depart -rent of Transpnnauon ► Safety Handouts and educational materials for distribution at Town Events, Town Hall and use with Driver Education Classes and Others A40 Fountain Hills D,, 7-4e M,,e a ,law Give birydes at least 3 feet when you pass. When 5!ble, give 5 teat of clearance, Slowdown and don't pass til its safe to do so. o #'n, tchiulatintersections.Cyclistsmaybetravelingfaster you -pest. field to bicycles as you would with any other vehide. YIELD —den—y 1 YIELD II � 0 7F Itnware of bikes, Cyclists have the same legal rights to use road as motorists. Cyclists can legally ride two abreast he roadway as long as they do not unnecessarily slow hc Inseveral circumstances, cyclists can use the entire travel lime. --W- ® � -' Show respe(tforall users ofthe road and youll get rfspect hack as a result. Cyclists and covers! same mi same rules, same rights and responsibilities. e an the fight with the flow oftrafhc. NEVER ride F !nst trafficon the read, in a bike lane or on a sidewalk. ers turning from the side cannot see you approaching, approaching drivers will not expect you to be riding the wrong way. FanatrgpodabyAIM a gran[ Xom me Goveino•'t lHfice of H{glrway 5aleey ALIDT 1 oJ�-VnINyr C Town Roadway C[assification Network 9j��har I� A�P Exhibit 4: Connectivity, Access and Mobility Plan LEGEND ROADWAY SYSTEM � State Route 87 Principal Arterial MlnorArterial Collector Local GATEWAYS ® Primary GateL y ® Secondary Galmay TOWN CENTER GATEWAYS Signature Entrance Secondary Entrance OTHER FEATURES Fountain Hills Tuw ll Base Transit Stop mloJECT, TF FREWME. TF Tnnapmsllon_1H1] eartos FounEa Mllh OlSEfspuOnrV S81 B. pYma Slab G•E Bs W lam. SBIT p¢ma Oepmwtl orTmsprltllon i818 Msm� Lw0 Rr>Qurt� nlam�tlwl $MMwI, SMS I� tires THE PIANNINGCEI i A1ty/1 0 Fountain Hills Oil, 7-4e M,,e 16 JnIxyr Y _ Opportunities in the Town Minor Arterials ha! Is A~ Minor Arterials provides opportunities in some areas to incorporate sidewalks and striped bike lanes and routes all done within existing street pavement no disruption to existing landscapes. Fountain Hills D,, 7-4e M,,e oJ�Vntxyr Evatuate Cost 3 Y � T 9j�fhar I� A�P ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Minor Arterials working within existing street pavement no disruption beyond existing curb and gutter. 44,40 Fountain Hills D,, 7-4P A4,l Imparts Minor Arterials Fill In All Yellow Highlighted Cells This Template Identified for Fountain Hills Blvd., for most of the length north of Palisades; Saguaro, north of La Montana and others that meet dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Minor Arterials t 72' - 80' Wide Corridors to Back of Existing Curb No Median Provide for Five (5] Lanes of Automobile Traffic PWa Parking mdfor Slke Lanes and New Curh Separated Sidewalk (Identify Sect ionlLocation of TOFH Minor Arterial Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Pnepera4 by JP EnglneaMg..d Elweenmhmel Oesrgn, LLC pEBGWPnC1x Ilxrt OgAHTIIY pHIT PRIDE -TAL Direct Costs 5p dtt D,lw lfc. 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F Gemgnuonlx,reflPr ,gm% bg.og saup 1 i.00 CarurvuWrGenOng4ncy 5g0% xn Sn.00 $0 oe 10.00 In.wanw lMuslfy Stofgnd PeasMepa 0 To ConafUpm 1.00% rya S000 $0.04 11.00 BomaP 4 Sm,d,m Porcenuge W Tmel Cm,aswdwn rum NA Su.uu 50.00 40.0E £ traclws pee w4, Cp.px.Ic 0wfhae0 ­A3l.r Pnc.meg.d Tdm Cm® lu 6.O % H4 Su ' 40.0E 41.0E Sd.aTn {20P0)TvrfnolFwndln Hlll.kr CombU , 0]L% W SO.uu 55.00 U00 I.- Fee. tao coal b®Ign EHonel r.g0% fua S 1 $0.00 . F Peimil Fees lntlwsry Smcaaetl Pea0r.0age of Tell gg=T 5g.nn $g.OP i Dxn¢,gwwgftlyy ,n n3k bn an It... Sub-li l Irltlheci Protect Goats $0.00 Sub -Total Potential Project Casts Direct and Indirect $D.DD Cudtof LiI gAdplbiment(COLAiappiiedffi3% peryear $D.DD Total Potential Project Costs Direct, Indirect & COLA $l ¢rR¢,dr<,yA.a,,.uen o¢.Ign tla.a nmi¢�I¢a. an$cam¢r r..a ea.¢¢lacw agM1la¢a¢¢ aewde¢la o, l.g.l r.ea.new¢.Li.in«w.d1¢arar,rllal¢¢.I.ka.g.u.., P...m.¢r ..Cl L=md.=aw.wt I. only ra a hw tool0 ) sl•IP pe rna.randard slu ar.n'+b aleaa aawmr.n.d' and fF•fwUd.d nNi•a..Uding a. aPPfUPPd Ixyr C Opportunities in the Town Collectors 11 v ► Collectors provides opportunities in some areas to incorporate sidewalks and striped bike lanes and routes all done within existing street pavement no disruption to existing landscapes adjacent development. Fountain Hills D,, 7-4e M,,e 19 oJ�Vntxyr Evatuate Cost 3 Y � T 9j�eha! I� A�P ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Collectors working within existing street pavement no disruption beyond existing curb and gutter. A is o Fountain Hills D,, 7-4e M,,e Impacts Collectors FIII In All Yellow Highlighted Cells This Template Identified for Kingstree, Palomino, Ell Lago, Verde River, Parkview, Glenbrook, El Pueblo; Golden Eagle (northwest of Sierra MadrelBoulder) and others that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain hills Street Narrowing for Major Collectors # 48'- 64' Wide Corridors to Back of Existing Curb No Median Provide for Three (3) Lams of Autamabile Traffic Plus Parking andlor Bike Lanes and New Curb Separated Sidewalk (Identify Section/Location of TOFH Major Collector Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST P,up-d by J3 Englnwring and Emiienmenlal assign, LLC r[s:M NRrt gMAmsTY uMrT PpIDE Taia1 ua uescrslnaor. Direct Costs Speeasneel 0 116 1- b Cersease Prgec[Ai.a �Aue Be tlalAreaNew sloswa. �� Oan NA NA spreadrhe.l roll GakNlale xww. Base Rgarx W.e In Sq mF SF 0.00 NA NA DO Gereral Aeq.xememe {MobYneuen, Dammlasll.n, Feeney O im Q tVf ml T.,l 5p .i liapam .nlc Induwry 5temra Pe,cuaege m Tatal SF I a.2oalrk ip.pd aMerntirie 8treel Nermwiiuj Prgecr LalON HYiLY or Bermab ore Yl Mll.a NA NA SMvadahe.t will Ca 0.1e SN.nalk Lartalh in LF h NA NA P.d.*fr Aran N.Irew E.MA R dwa. FT IB NA NA Zee SexrL[entl rWrwue ErJsbig A.pM1mll.r ElgM1l 1161 Fod Stlwwa."IArn SY 000 Sr69a P0.00 IM Seam- and earnwa ErremgCurh and C.der U 0an als.DO 90.00 6.00 Eadh a.Wa Rebing Ex "tirade d Fenwvel Wee Tor 91-15, bV 4-Dapin CV 0.00 316.00 ".00 3.01 New Cw Curt xtl rAdler-MAG S­ Ve Curt entl meter 1Gel11-n 1Lype Al LF Dan ia{LW ..a. 6.M Replan Twa{2t Feel mA I,u ASWI Pering lnd,dIN ABC SY 0.w mom $0.00 TAS N. C,n sldeweIkl MAD Si-W tDe 1p 201 SF O.M slow s0.00 bee Come. 0.karray lmproverteN r- Vetlly Cnr.w.y Me.eur.menbl SF -an $D... e.00 llbny 11.1 ne Allowanra tLl Sum Ptece,eliar FM Veiny Amaunlr LS 1.M s0.00 10,00 Drelrwge hnpmv.mema Alloxeriw {FIeW VerHy C4elnege Needel LS 1.00 f0.0tl 11,de AOA gamp.arcoaerarso-a.<I.1.reecan. a sa,guado sp.ee 12NO Eglmgel�`lAnepe Exert' 112 Mlle FmIN Helena Be,) EA e.W 52,590.W $0.00 13,M Pauemenl Merbrga em Smgng LF A00 0W $3.00 1400 Larderape Enhemm­ Dla delf-Mew 3"d Decompo..d Goon. entl Nacre Seegng R Aopmpn SF a.Oc 21.25 s0.C. 3.b-7ura1 Nnect P.j..I C..t. $B-tw Indirect Costs 15 CC Gc lc.nddnna hd-­ Pl Towl C.n•:md- 1AOW W 50.0o 6u.o0 16,00 a.a'C.nting.ma in saw NA soon $O.On 1100 G.--Mnling-) S." MA 50.00 SOAe 10,0E Irevmce lrwuevy sleiwera Per_enage w nisi Gonatrusdm -M IaA sa.00 s0A0 ern yslnndere PercenMged Tdal ramswaan Na 6.dd fid ep e ,e Fea w-w+�qu D-h- -NslentlmO WtteWp mTM.l CarelrW:rq e.00x ek fio oo $e ee alas styles Tay 1]V2ol Tn elF-IO*Hdla ter epuw n RxpY. ru 90.w "A. U. Degan Fcas jNe Ped Gmian EMHbI 19, n4 50.0E San. 1300 h it Fees lndua,ry Sw,da,tl Pe,amRW ar T.wl 0­ 100R NA 50.00 seas 24,00 D.ner CsllY� fflO MOO $O00 Sub -Total Indirect Frojecteosts $e-ou Sub -Total Potential Project Costs Direct and Indirecf $0.00 CastoFWorq Adl-ambn'{CQLA)applws a13% par year $0.00 Total Potential Project Costs Direct, Indirect & COLA $0-00 Note, eoetPrRwd-q fladreeon aealpn ease nm lrrcluee.nr PPsm orhas aseotietetl rMhlena cocINnr I., ft- All is lrm dt.-, wlmin aeletlrq aM1aN parcmenrwM Lenaeeap. can le only fw a tau, root (.j adlp mnew merMem alxa granlmalene pawem.m sage and rt naee.nennaM.w ...drug ae appr.p- J�'1 AIN y! pp 0 ortunities in the Town Local St. ghat Is AySto t ► Local Street provides opportunities in some areas to incorporate sidewalks and sharrows (shared roadway lanes with bicycles) all done within existing street pavement no disruption to existing landscapes. Fountain Hills D,, 7-4e M,,e li r oJ��Atxyr Evaluate Cost 3 T 9j�rhar l� A�P ► Cost Template to evaluate cost to add sidewalks and bike route/lane markings along Local Streets working within existing street pavement no disruption beyond existing curb and gutter. A is o Fountain Hills D,, 7-4e M,,e Impacts Local Street Fill In All Yellow Highlighted Cells This Template Identified for multiple streets that meet the dimensions & Town requirements Establishing A CIP - Cost Template Town of Fountain Hills Street Narrowing for Local Streets t 28' - 36' Wide Corridors to Back of Existing Curb No Median Provide for Two (2} Lanes of Automobde Traffic and New Curb Separated Sidewalk {Identify Section/Location of TOFH Local Street Narrowing) OPINION OF PROBABLE CONSTRUCTION COST Prepared by Jl Engineering end Enylmnmelttel Deslgn, LLC ITDM oEscglpnory ONIT quA— uryn IWS T.TAl Nb. Direct Casts .spr ana9 awmm�es ease PmlecrN-S Arsee +,¢ on a Feet d area In rvew sraewes ndree o.m rLA 5meadaM1eal wil Celo.Iale Kraen—P,o Areern Square— S r om Gcnndl Nznr eca -(MobOxalkn Cm.obili0alicnF.Kss.Cwl.s,Q,AyR+Mml Teilmp, SF.dsr Fdp.clians, Ete] I•�d�flry SlantleM Pemnlageol Tout SF 4. 0.00 a..Og4 fo sa nelermme slreef Narwna,g PmJeo lengMm Mnee erneclmeb ela Moe Mike Staeatlabe.t mll calculate 3kle.raa:—gl-Lk LF 0 NA Pede.uien /rtaa Narmw Existing Roetllvay WklmFT n NA nT 0o LaeeuteM Remove 17A.rg Aapbekfir Egm(B)Fmr Sbmralk Adtllrbn SY O1. 5'G foao 3,do 9aAcb erd ReProva Exledrg Lub erd �nmr LF 000 S&AO fv-ep dab Fadmw Gredi,g RbwU E,,Ui Gratlad Remara A— lw 5Wwralk by<'Ceps CY 000 SIG f0.00 600 Nnw Gamer. Curb aW Gud.r Per MW 5Wr16arE Vedlwa G and GAIP-dail d3 lTyp. AI I, R.00 SW Go f6." $0 RK—iAn 101 rest of MI-1 aronell PaVln3lnUp Apc o-p0 r-0a00 66AM i00 New Corine[es�salk Per NAG 3nxdmdl�ll #23a) SF Pgg 5+000 60 Da BOO Caierala pMaxrey lmpmvemeNs lFleltl yreSY E]neeway MeemeemenmF SF S'I5 g0 taa0 9,00 IHilily lleloalkna Allmvanrn lLurtlp Sum PlerxbWar FNS:i 4edry Amounl7 L6 1. 1— +006 nrarsige lmpiavenielrls AMowerra(-d Verity Q'ae+aae lfeadti LS 11. EOm ++AO AMA Rinpa It rnmerer L11—edws fA -o..oa t6m x.00 Mg.-01eae0e Every 111 Mg. Footlm} F--%lf EA 0.tb $2ob0A0 8-M 13.g0 Perwrrent NfmkirgseM Salping LF — 1— 3— +466 I.antlecape E•Ranwme�l O�YUNed WW-New S�of[%aamposad GanAe and N fi.S-ding 11 Appropdala IF OW f1.. — Sob -Total DirectPwjectCosts $O,Oo Indirect Casts natal Condlomanmuury Swmard Percenbpe.1Tolel Conewcuon 3.ou% NA so- V- 16.00 peslan CpnMRercY 1Q.Ca% NA 30.. tom 1T 00 GEImViw'IAR­IV—V 6.ba96 NA wc0 6Gm 16.66 uranee l•V.r>ey Stantlard T­ NA Sp Jg f0,0a .0 Bootle—"S+entlerd Percenlega of Tdbl ConeWaliwr 1.0g% MA w.m T— M6 to Lbr6retlma Fee.. Carp:affie OuedieaC lntluatry 9laMard Perw6egedTobl Lartnuatbn BnrVW NA $Ol1g so- +oa sales Tav(2—)Taund rpenl Hal. br rueaiv¢rmI 9,Y0% NA sc ur I — nor re qIr¢ rno PoYCesgn Etlurrel log% NA 3crlg 6Gm Y3.b0 to go f6-06 2A.00 0.00% NA So oo to.* Sub-lbdidI d-ct ProjectCmts $0.00 Sub -Total Potential Project Costs direct and Indirect $0.0 cast of Living Adju—nt (C Dl A) applied at 3% per year $0.00 Total Potential Project Costs Direct, Indirect & COLA $0.00 Nere�CmtMReedxay Retlu Am aeargn Casa en kcluEe arty were akea a1 Lvrl wld+11—d10 acAr wlmin arrerlrrg maeeapavremeofe.+CrNe. Laaticcap. wsr is anll for a loarteet {e'j slop arn.w ata•dad ciw granlfa alorq penm.rdatlae and it n.edatl naliw..e6rq m appropr+a.0., 7 A oJ�-Vntxyr Evaluate Cost Impacts Outside of Existing �hatlSA�`� Roadway Fill In All Yellow Highlighted Galls. This Template Identified for very limited areas only where sidewalk is being added outside of the existing roadway pavement envelope ► Cost Template to evaluate cost to add sidewalk outside of existing roadway pavement. These instances will be higher cost than the other scenarios due to multiple factors including relocation of utilities, right of way encroachment (mail boxes, etc.), potential retaining walls and other cost impacts. A Itso Fountain Hills D,, 7-4e M,,e Establishing A CIP - Cost Template Town of Fountain Hills New MAG Concrete Sidewalk (Identify Section/Location of TOFH Sidewalk) OPINION OF PROBABLE CONSTRUCTION COST Prepared by J2 Engineering and Enyironmentel Secign, LLC rEMOESGWP110e UNa OUAMITV use PR1[E 1eTA1 Direct Costs SOmad—:1 Deoam'mes Base Pro,ad Area in Acres Brse0 on 6 Feet of Aw mr Nw Sidewalk Aclea Otq nA Ni 5preadarast wiA celculeEe Nn+rm Bess Proluct Arse m Square Fpm SF d m Na NA 1W (iureral gequlremeres(Moblha+Non.OmlobJrsauon. F-.. Galas. Qi yC-1 Teatmq. Speraul[nspepspne, Elc7 NwMatty suntard Pwzantaga m Total sF B.W 20.0Q so00 zm sluaoerrblllnn NausM1y Slandmd Flatren 1NT— � 111IW.-. P+rement I nm SmN 5om 3.m COlrmmx E— W Tour 9 Feartem Mus Slope - Subgrane Prep Ire new SWM" Wee CY 0.00 sle.m 50.00 4.00 Cwrga M. S".. eccurne 1.5- dep8r, 4. l sde dope CY 0.00 sle.W so,m b00 LPnd9rapa aryl lfng— Res[dabbn Al" bdr 9SNM kR9a Wh EM+M1da-4 F.W—SW Edge SF 000 93 og sem beM 1— SW4o+1k F+IMyey L4nelh W. MII WW' NA spre+ twnl cal--- ap Len0l LF LF 0 NA NA NevNCm�mne SWewelk8Wlan 4T bNA NA 9.0 Rr .ate Sldpnelk Per MAa St Owd 10C 11 Qi a) Sr 11.u0 slo.d0 $o.m )m SM1ared U. Sg ayy+yllndlr (Stgroga Every lR hill¢ rooting, Poet aw Bidnf EA oW 5?300.ro to 3.0 go4adng well lGwwrata Pooling. GMU Block leas Titan W0 dgtl}{I Id W*Length} LF S110.UP soo 9.0 Curvets0 away lnaroyemunls(FW Ve,N Oriv VlAeaaasTwnlsl SF g15.00 too 10.00 lenity ROmrat—A9mya m(—P— PI4CBM1tyVH field VPrlly AMeub11 LS 1.p1 50.oe 1100 pree,age lMprovemerde Allowance(R.1d Vetiry Pralnage Needy] LS Ifq 5em 12 Cb Rerrcve and ReAasata Raeldan0el Onumclt+-a Allowanrn lMellbpx, Llg—,Rlprep, tW IFreW Venry Amdm[I LS 100 SOm 13.00 AQA Rumps et GomadSbectlMenewions EA 53.W0.W Wo Sub-Tet+l Diaect PM-t Costa EO.eO Indlrect Costs 14.b0 G...t 1Cpndltwns Md.—Srsrmard Pe+enrege of Tom Canslrvclen 3.001a NA Sd,00 to.m Ism Paw9n li,nPngency to.1 NA 5o on to. 1&Op GOAdIN044rt1NlWgnnty SSI[YF NA bd On to,0a 1T 0p Iraurarc»Ineuslry SlentlaM Pwtanr+99 MToUl GOM:Ncticn 1dd% NA so bg W 18,09 B—lnWetry St .r P...t eMTotal C—buulon t.00% NA SO.UO s000 1900. CwrbacMrs Fes pith �Wr Gyerhead lMd Sianded Parcent­ IN A So oO W,m 20.00 9e1es Tex j2 ) Town of FcemUle All. Ganseurtlon 9.20% NA So.W SO.m e l.ep Dw*q Faes(WP Peelen FfWRe1 '-% NA $u nn to.m 22 ee Pey09 Fees WWry PaKa o M Telt3 1,em8gcLme 300% NA SO- $om g9 o0 QwNar Gbdingeney 10..1 NA SOm k0,00 sub-T.4aI Indirect Pmp. costs $0.00 Sub -Total Potential Project Costs Direct and Indirect $0,00 Castot Living Adjustment f COLA)appketl at 3%per yea $0.00 Total Potential Project Costs Direct, Indirect & COLA MOD Note', CostMSldewalN System does nptlxWda any vests orfees ase+ctatetl ud[M1 nave curb aMP�ee eel-—., land—, e+ae —or legal fees. TM1le vast K for --.-I sttlawalF lnebllHipn only end •epeha• raplawmaM of adjecaM driyeweys and luntlacape. LendscaperReeSarallon M— recwrrrucl —pab of eslaling 00p lnlgutlon rl p•ecent, supply and placemem dnew g•a�ite, and m1-1I 1new pl—Ntl Lpr J..pl—that may Wdl—bW or dktopted doe 1p constr+nlpn. Provide Landsca e Active Transportation Town of Fountain Hills 3 p Y, Preliminary Thornless Plant Lists Recommended 9ot� sh " far Town Right -of -Way Areas Adjacent to Public Sidewalks bar is A plant selections wnhln this list Is rick meant to be air InCII or exhnustive but It meant to Offer a surprisingly dlverse se.ledlen of Recommendationswr dniess low -water -use lantlsra Pr' plants mar are adapted to the Town of Fountain kills envimnment5- elending This distinctive Palette of colors, farms, and textures can create plant combinations that can suhany landscape sltuatdnn. Care should be taken In plant selection hared on exposure, oval latne space { height and width), avalfa4il icy or need lof supplemen to I irrigation, vu hility and Adjacent to Public sightdistanre tIeS 10 r alone the Ide diversity Orementsand other the sp—Spent consent t t ons. proAd.hem e many dIver her fCololant ,, and opportunitles m eKplere the wltle dlversuy ofplants avakalMe In the Soneran Besett that can provide the tllverslty of color, farm, texture, safety and maintainabiliry for landscape areas adarent to j sidewalks within the Town of Fountain Kills. Thomtes i Tree* Sidewalks Plant suggestions for planting in areas adjacent to public sidewalks and public rights -of - way. ALSO Fountain Hills D,, 7-4e M,,e Botanical Name Common Name Acacia aneura Mulga Acaca sollcina Wiilew Acacia Acacia stenuphylla Shoestring Acacia Acacia willardlana Pala Blanco Caesalpinia cacalaw smoothie Thornless Cascalote Cercidlum hybrid Thornless Pale Verde Species Ch-rlopsis Iinearls (varietles avadablel Desert Willow nalbe rgia sissoa Rosewoad 0lea euru papa Ifruitle Olive Tree Fruitless Pistada diinensis Chinese Pistache Presapis hybrid Thornless Mesquite Species Presopis glandulosa thornless variety Thornless Texas Honey Mesquite Quercus species Oak Tree Species 5ophera secundrflora Texas Mountain Laural Vitex ang+as-cavtus Chaste Tree Botanical Name Common Name Abulilon palmeri Indian Mallow Aloe varieties Aloe species Ambrsnla detmidea Triangleleaf Bursage Ambresia dumosa White Bursage Asciepfassuhulata Nsert Milkweed Caeselpinia pulnherrima Red Bird of Paradise Cordia parvlfolla Little Leaf Cord is na lea variKim Bale. species Wsyiiriunvarieties Oesert Spoon species 0odonaea viscosa lI Bush Encelia farinosa Brlttlebush Emmophlla varietles Eremnphila species Euphorina varietles Euphn64-4 species Hesperaloe varieties Hesperaloe species iusticia varieties Chuparosa species Lantana varieties Lantana species Leucophyllum varlebes Sage species Maytenos phyllanthcldes Mangle nuke Muhlenborgia varieties Muhly spedes Nolina Varieties Nolina species Pedllanthus varieties Lady sl[pper species Ruellia varieties Ruekiia sIard- Rt155alla eq—tiformVs firecracker Bush Salvia varieties Salvia species Senna varieties Serra species Slmmondsia varieties iojoba species Tecoma vareties Tecoma species Verbena rig id a Sand pa per verhin. 1 As 25 Thank You Available for Questions, Clarifications and Input Fountain Hills D,, 7-4e M,,e ITEM 7. A. rm- 1` Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language)- CONSIDERATION OF approving the meeting minutes of the Regular Meeting of December 1, 2020; and the Regular Meeting of December 15, 2020. r - Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of December 1, 2020; and the Regular Meeting of December 15, 2020. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of December 1, 2020; and the Regular Meeting of December 15, 2020. Attachments 2020.1201.TCRM .Minutes 2020.1215.TCRM.Minutes Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 12/24/2020 11:01 AM Form Started By: Elizabeth A. Burke Started On: 12/24/2020 10:43 AM Final Approval Date: 12/24/2020 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 1, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey 2. INVOCATION - Rev. Clayton Wilfer, Joy Christian Community Church Reverend Clayton Wilfer of Joy Christian Community Church gave the invocation. 3. ROLL CALL — Mayor Dickey COUNCIL PRESENT: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmembers Art Tolis and Dennis Brown (outgoing); and Councilmembers Sharron Grzybowski and Peggy McMahon (incoming); and Councilmembers Alan Magazine, Mike Scharnow and Gerry Friedel. STAFF PRESENT: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; and Town Clerk Elizabeth A. Burke. 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Mr. Miller said that last week the Town held the Turkey Trot and he asked Community Services Director Rachael Goodwin to give a brief report. Ms. Goodwin thanked the Council for entrusting them to hold the event. They were able to modify it by adjusting the route, having staggered starts, and spreading everything out. She said that they had about 1,025 runners and she thanked Vice Mayor Spelich and Councilmember Friedel for attending. She said that they took away the awards and refreshments, but it was a small price to pay in order to hold the event. She said that they had runners from Buckeye and Queen Creek, and one from Pennsylvania, as well as over 100 that joined them virtually. Mayor Dickey reported that she attended a Zoom League of AZ Cities and Town training on SB1487, where any legislator, no matter what district, can take action against a city or town threatening their State Shared Revenue. She sent the link to Council and staff. She also attended a virtual AZ Town Hall about sports and global relations, specifically with the Coyotes and owner Xavier Gutierrez, which was very interesting given the Town's strong relationship with Canadian Consul Glenn Williamson and the economic development work being done in that "arena!" In fact, the 1 St hockey game canceled due to COVID was one that some of them and several of their Canadian neighbors were attending together with donated tickets. She said that the Stroll on the Golden Glow, 2020 edition, is happening Saturday, with Town Council Regular Meeting of December 1, 2020 2 of 11 proper protocols in place. They will turn the lights on around 5:45 p.m., with a new feature, and the Chamber has arranged for safe, fun activities for a Happy Holiday Event. Councilmember Scharnow said that he was not able to attend the Turkey Trot this year, but he congratulated Ms. Goodwin and her staff, as well as the volunteers. He said that he was at the first one 30 years ago when he served as Chairman of the Parks and Recreation Commission. It has been fun to see it grow and develop. He said job well done to all involved. 5. RECOGNITION of Outgoing Councilmembers Councilmember Dennis Brown said that with the many years he has been involved with both the Planning and Zoning Commission and Town Council he could go on for a long time about the Town's accomplishments, but he would touch on just a few. He said that one major battle, which he participated in with then-Councilmember Dickey, was the town going with a single trash hauler. He said that he was threatened on both sides, and not by just a few. Another very contentious action involved the state land. He said that he has lived through some important happenings in Fountain Hills that were good for the Town. He wanted to thanks the folks that he has worked with over the years, but there were a handful that he wanted to tip his hat to. First was Bob House, Chairman of the first Planning and Zoning Commission on which he sat. He said that he ran the best meeting he has seen and learned so much from him. Second is the late Michael Downs who did so much on the Planning and Zoning Commission. He said that another is Jay Schlum. He and Jay have been friends for a long time. He was seated to his right on Planning and Zoning, and after he was there for two meetings, Jay resigned to run for Town Council. Another was Henry Leger, who is possibly the best councilperson that has been seated. He said that for eight years Henry mentored him. They met on every agenda and worked through it. His calmness and level head was as good as it gets during the difficult times of going from 130 employees to 50. He is as solid as can be, and he tipped his hat to him. He said that he was one of the strongest advocates for the Dark Sky Community, but he has regretted voting in support of that designation. There are a dozen reasons why he now feels that way. He said that they have a fountain that is a beacon for the Town, but now it does not light up. He has always said that the Town is a little too dark for the safety of its citizens. Councilmember Tolis thanked the citizens for allowing him to serve the past years. He said that, as indicated, not every decision is agreed upon, but he said that there is a lot behind the scenes that has to be considered. He hoped he served honorably, and he thanked his wife, Heather, and his family as it is a lot of time between calls and meetings. He said that he moved to Fountain Hills in 2002 and immediately got involved. Dennis Brown was one of the first people he met. He got to know Jay Schlum, Wally Nichols, Linda Kavanagh, and was involved in the Chamber and the Museum. He has had an opportunity to meet a lot of people and he loves it. He said that he knows they are on the right track. He believes there needs to be a balance. He said that he was there during the Town Council Regular Meeting of December 1, 2020 3 of 11 changing of the guard with legal counsel. He said that he is honored that Aaron (Arnson) took the position of legal counsel and he has done an amazing job. He said that Copperwynd Development, now Adero, may not have ever happened without the change. It is going to be an incredible benefit and bring in growth, revenue and tourism. He said that he has been a believer in the growth of the downtown. To have that core and critical mass will allow businesses to come downtown. It should be the Beverly Hills of Arizona; they should be the best of the best. He said that there have been many initiatives, including Sami's Fine Jewelry and the Fort McDowell Casino. He hopes to stay very involved. Vice Mayor Spelich said that he had the opportunity to call Councilmember Brown this morning and commend him on his 20 years of dedicated service. He knows some who have served less for murder. It is a commitment to give that much time. He said that they have disagreed on some big issues, but sometimes he has calmed him. He has been a mentor, and has good insight with Planning and Zoning issues. He wished him the absolute best of luck and having the freedom he will now have. He said that he and Councilmember Tolis have disagreed on a lot of things, but they did agree on some. He wished Councilmember Tolis success in his business and thanked him for his service. Councilmember Friedel said that he has not had an opportunity to serve with either very long, but if there was one word to describe Councilmember Brown it would be experience. He has a lot of experience and he does not know how they will replace that. The one word he would use to describe Councilmember Tolis is passion. He does not know of another member with that kind of passion. Councilmember Magazine said that they all know the kinds of problems businesses are having, and he complimented Councilmember Tolis for giving more to the business community and always being on their side. Even when he and Councilmember Tolis have disagreed, the best part is that when it is over, they laugh and shake hands. He wished every political in the country could do that. With Councilmember Brown, Councilmember Magazine said that a lot of people talk about Fountain Hills being one of the best and beautiful towns in the country, and Councilmember Brown has had a lot to do with that. He has spent two decades in the trenches. He does not talk a lot, but when he speaks it is well -reasoned, people listen and he has an impact. In the six years they have been sitting together there have only been two issues they have disagreed, which is pretty good. When it was over and done they moved on, and he thanked Councilmember Brown for everything he has done for the Town. Councilmember Scharnow said that he has been sitting next to Councilmember Tolis for two years and he agrees that he has been a champion for the business community. He has a vision and he goes for it, and he thanked him for that passion. He said that he has had a lot of interaction with Councilmember Brown over the years at the paper. He appreciated Councilmember Brown's comments about Councilmember Leger. He has always been an independent thinker and they will keep building on what he has done. Councilmember Magazine thanked Mayor Dickey for the great job she has done as Town Council Regular Meeting of December 1, 2020 4 of 11 Mayor, and he was glad that the citizens were so smart to bring her back to continue serving. Mayor Dickey said that Councilmember Brown has been committed to Fountain Hills for so many years, and during their time she has relied upon his knowledge and experience. She said that they were on the committee when they were looking to go with a single trash hauler, as well as the roundabout. She said that they have talked about things that separated people, but on these they were allies and saw them come to fruition and she appreciated that so much. She said that Councilmember Tolis is clearly the voice for economic development and business. His relationship and experience in finance and real estate shows he understands how those things can live together. She said that he has shared things that she knows will stay with them and with the new councilmembers. Mayor Dickey thanked the volunteers and commissioners and all of the people in the community. At this time, Mayor Dickey presented the two councilmembers with their Fountain Hills pins created by Sami's Fine Jewelry. 6. SWEARING IN of Mayor and Incoming Councilmembers At this time, Mayor Dickey and her husband, and Councilmembers Gerry Friedel and his wife, Sharron Grzybowski and her husband and Peggy McMahon and her husband came forward and Judge Robert Melton administered the Oath of Office. A break was taken from 6:00 p.m. to 6:09 p.m. ROLL CALL Councilmembers Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmembers Peggy McMahon, Gerry Friedel, Mike Scharnow, Alan Magazine and Sharron Grzybowski. 7. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. PRESENTATION on Town of Fountain Hills Volunteer Program Fountain Hills Volunteer Coordinator Kim Wickland gave a PowerPoint presentation which addressed: VOLUNTEER PROGRAM Give a Lift Care Card Home Delivered Meals Special Events Make a Difference Day 2020 VOLUNTEER NUMBERS Town Council Regular Meeting of December 1, 2020 5 of 11 776 Volunteers Strong 2019 CONTRIBUTIONS Total: 12,500 Service Hours $310,500 in times and services 2021 A Monthly Day of Giving Adopt a Senior She gave a heartfelt thanks to their incredible volunteers. Mayor Dickey thanked Ms. Wickland for her work. Councilmember Scharnow asked if their average was down with the Give a Lift program due to COVID. Ms. Wickland said that they were able to maintain the service, but there was a downtick of aroundf 35% with doctor offices being closed. Once offices opened back up they have regained rapidly. She said that they have a good core group for that program and they have been champions through the last six months for sure. Councilmember Friedel said that he had no idea that they did 12,500 hours; that is tremendous and he congratulated her for the work. Vice Mayor Spelich also congratulated Ms. Wickland, noting that this was the first time they have addressed the Council. He said that he would like information to be in the newspaper. It should be brought up and highlighted. Ms. Wickland said that she would partner with the paper. Mayor Dickey said that she was so glad they were a community of volunteers. They always have been that way for the 38 years she has been there. She said that she appreciated everyone involved in the program. 8. CALL TO THE PUBLIC Pursuant to A.R. S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. Councilmember McMahon thanked everyone that elected her. It is an honor to be on the Town Council and she appreciated the warm welcome that she has received from staff and fellow councilmembers. She said that she is looking forward to working with everyone. She wished everyone happy holidays. Councilmember Friedel said that he is humbled and honored to be able to serve the Town. He hoped to bring some of his skills to Council and the Town and he appreciated the opportunity to serve. Councilmember Grzybowski thanked everyone that voted. She appreciated the welcome they have received and appreciated all of the council and people before them. She had the opportunity to sit with the current and previous councilmembers and she appreciated Town Council Regular Meeting of December 1, 2020 6 of 11 their mentorship and the brain power they all carry with them. Mayor Dickey congratulated the three new members, stating that she was looking forward to serving with them and the opportunity to create a positive atmosphere. 9. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. to approve Consent Agenda Items 9-A through 9-D. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Special Work Session of September 22, 2020; the Special Meeting (Executive Session) of October 13, 2020; the Special Meeting of October 13, 2020; the Special Meeting of November 17, 2020; the Regular Meeting of November 17, 2020, and the Special Meeting of November 19, 2020. B. CONSIDERATION OF adopting Resolution 2020-41, abandoning a portion of the 10' Public Utility and Drainage Easement at the rear of Plat 401-B, Block 3, Lot 32 (16930 E. Monterey Dr.), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2020-10) C. CONSIDERATION OF approval of Contract 2021-006, First Amendment to a wireless facility lease at Shea and Eagle Mountain. D. CONSIDERATION OF Ordinance 20-27 amending Section 10-2-18, Penalties, of the Town Code to modify the current penalties for violations of Article 10-2 of the Town Code. Town Council Regular Meeting of December 1, 2020 7 of 11 10. REGULAR AGENDA A. CONSIDERATION OF approving the 2021 Town Council Meeting Dates and Summer Break. Mr. Miller said that each year at this time the Town Council approves the meeting dates for the upcoming calendar year, understanding that changes and/or additions may be made. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike Scharnow to approve the 2021 Town Council Meeting Schedule as presented. Vote: 7 - 0 Passed - Unanimously B. CONSIDERATION OF appointment of Councilmembers to Council Subcommittees in 2021-22 for purposes of interviewing and recommending residents to serve on Boards and Commissions. Mayor Dickey said that the listing before the Town Council are the suggested subcommittees for board/commission interviews and recommendations for the next two years. Mr. Miller said that in the past they had a very complicated process to get the meetings scheduled, with one committee for eadh board/commission. With the help of the Town Clerk, they split up the boards/commissions so that appointments are made in either April or October each year. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Mike Scharnow to approve the Town Council subcommittees for board/commission appointments for 2021-2022. Vote: 7 - 0 Passed - Unanimously C. CONSIDERATION OF assignments of Councilmembers to various outside organizations. Mayor Dickey said that the listing before them includes those outside agencies on which the Town has members serving. She thanked everyone for volunteering to serve as it was important for them to have their voices heard. Mr. Miller reminded them that staff is there to help them if they should have research or need assistance with something. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve the listing of representatives to outside agencies as presented. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of December 1, 2020 8 of 11 D. CONSIDERATION OF approving the Fountain Hills Facility Reservation Guidelines. Community Services Director Rachael Goodwin said that the Recreation Manager, Linda Ayres, had planned to present on this item, but she will be out for a bit due to an accident, so she was there to finish this process. She said that they recently reviewed the guidelines for reservations to park/recreation facilities, and this is an effort to combine them and make them uniform so there are consistent policies across the board. She then gave a brief PowerPoint presentation which addressed: RESERVABLE AMENITIES Ramadas Sport Courts Athletic Fields WHO CURRENTLY USES OUR AMENITIES Fountain Hills Unified School District Youth Organizations Organized Leagues Town Programs and Tournaments Residents/Visitors Youth and Adult Tournaments Private Organizations CURRENT ISSUES WITH RESERVATIONS Increased demand for private/league access Inconsistent reservation policies Demand for weekend reservations Variable reservation windows depending on amenity Insurance requirements PROPOSED PRIORITY USAGE OTHER GUIDELINE CHANGES APPROVALS AND RECOMMENDATIONS Vice Mayor Spelich asked who would be the enforcement arm if someone is playing at a facility that has been reserved. Ms. Goodwin said that is a problem they have already. Currently they have kiosks with reservations posted that get updated each day by the park attendants. That is who would be their first line of defense. There is also enforcement through MCSO, but usually when it is posted it is clear. Vice Mayor Spelich suggested that they provide the park attendants an iPad that would be readily available to show someone the reservation. Ms. Goodwin said that they could look into that. Councilmember Magazine asked if the guidelines apply to the pickle ball courts. Ms. Goodwin said that they are not a Town amenity; they are governed and overseen by the School District. Councilmember Friedel asked who does the permitting for alcohol at the facilities. Ms. Goodwin said that there is paperwork that is filled out with the reservation. Currently there is a $10 fee; she believed that it was raised to $20 with the fee study. Town Council Regular Meeting of December 1, 2020 9 of 11 Councilmember Friedel said that Rule 14 reads, "violators will be prosecuted." He asked if there was not the ability to have someone removed without a charge being brought. Ms. Goodwin said that is what they would normally do, but they will make that change so it is clearer. Councilmember Scharnow asked about prioritization with the School District through the Intergovernmental Agreement. He asked if they saw any problems with them being in second place. Ms. Goodwin said that the IGA has surfaced quite a bit this fall. They have a lot of their own facilities and their sports programs were not able to use them. They have been working around each other's maintenance schedules. Mr. Miller said that he thought that staff did a great job putting together the guidelines. He recapped the proposed amendments: 1) give warnings first; and 2) it would be helpful for park attendants to have iPads for reservation purposes. Councilmember Scharnow asked if staff thought the IGA's they have in place with the School District are working. Mr. Miller said that they do need to revisit them. One item that he and Ms. Goodwin would like to discuss is transportation, but they are satisfied with 90% of the IGA. MOVED BY Councilmember Mike Scharnow, SECONDED BY Vice Mayor David Spelich to approve the guidelines presented, with the amendments to 1) give a warning first; and 2) look into utilizing iPads for park attendants. Vote: 7 - 0 Passed - Unanimously E. CONSIDERATION OF directing staff to implement the budgeted 2.5% Cost of Living Adjustment with the pay period beginning on January 4, 2021. Mr. Miller said that the FY 2020-21 budget was adopted by the Town Council last June and included a 2.5% cost of living increase to salaries of employees for the year. During the budget presentation to the Town Council, he recommended holding off on the implementation of the salary adjustments until after the Town Council had an opportunity to review revenue collections for the first quarter. The Town Council was provided the first quarter revenue update during the regular meeting held on October 19, 2020, and finances are better than they were anticipating. Finance Director David Pock then gave a brief review of the revenues. Councilmember Magazine said that it looks certain that they are going to have a vaccine or several within the next month or two. He asked how much more of an impact it would be to provide a 3.5% increase. Mr. Pock said that it is not straight salaries; it also affects the benefits. Councilmember Magazine said that the Town staff works very hard and he would like to see them reward them with more than the 2.5%. He would like to hear Council's thoughts on increasing it to 3.5%. Mayor Dickey said that this is half of what was approved. Mr. Miller said that it is a policy decision for Council. At the time of the pandemic, they did not know what to anticipate. Councilmember McMahon asked if there was room in the budget to increase the amount Town Council Regular Meeting of December 1, 2020 10 of 11 for the rest of the year. Councilmember Grzybowski said that she is a huge advocate for retaining quality employees and one of the ways to do that is to spend money on them. It takes more money to replace someone. She would be all for increasing the raise. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to increase the employee salaries by 3.5%. Vice Mayor Spelich said that the Council has another meeting in December, and he would like to have actual numbers in front of them before making this decision. Mr. Miller said that they brought this before Council so that staff would have the necessary time to manually do the paperwork and get it signed off. Mr. Pock noted that they had budgeted 2.5% for the entire year, so to move forward at 3.5% for six months would be covered by the budgeted amount. Vote: 7 - 0 Passed - Unanimously Councilmember Magazine asked if they are competitive in pay across the board. Mr. Miller said that they look at that very closely. When he started in 2014, he was the Human Resources Director, and the Town was very uncompetitive. When the prior HR Director recommended Cost of Living adjustments employees go the adjustments, but the pay plan was never changed, resulting in the minimum/maximum never catching up. He said that they started working with Dave Trimble making adjustments of about 5% a year. They intended to do a compensation study, but the Council at that time did not want to put out the money, so they used the League survey. Currently, they have only a few positions that are not as competitive. He said that their biggest challenge is in not being a member of the Arizona Statement Retirement System. Staff has been actively working with them. Councilmember Magazine said that he has been impressed with the senior hires recently. Mr. Miller said that he appreciated the Council's consideration of this issue. 11. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. Vice Mayor Spelich said that in January or February he would like to have an executive session with the new councilmembers on the fee waiver. Mr. Miller said that they have it scheduled for a regular meeting on January 19, 2021. He said that it has been on the Future Agenda Listing and just today they assigned it to a meeting date. 12. ADJOURNMENT MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously Town Council Regular Meeting of December 1, 2020 11 of 11 The Regular Meeting of the Fountain Hills Town Council held December 1, 2020, adjourned at 7:09 p.m. ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk CERTIFICATION TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 1st day of December, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January, 2021. Elizabeth A. Burke, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 15, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of December 15, 2020, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. INVOCATION - Dr. Bobby Brewer, North Chapel Bible Church Dr. Brewer of North Chapel Bible Church gave the invocation. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Peggy McMahon; Councilmember Gerry Friedel; Councilmember Mike Scharnow; Councilmember Alan Magazine; Councilmember Sharron Grzybowski Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Mayor Dickey reminded all presenters, staff and Council to keep their masks secure at all times during the meeting. Councilmember Friedel reported that he had attended the Pearl Harbor Memorial and it was a very moving ceremony. He thanked the VFW and American Legion for the program. He also attended the Drug Coalition training led by Councilmember Scharnow. He said that if people do not know what the Coalition does, they do a wonderful job for the community. He said that he also attended the newly -elected officials training sponsored by the League of Arizona Cities and Towns and also the lighting of the lights at the fountain was spectacular and well -coordinated. Councilmember Scharnow said that they did have the panel discussion for the Drug Coalition concentrating on meth, fentanyl and prescription drugs, and they had 27 attendees. He said that they received a grant and have been trying to gather materials and education to hopefully prevent any usage and overdoses. He said he attended the lighting later and it was a pleasure to see the lights come on. Vice Mayor Spelich said that he also attended the Pearl Harbor ceremony. His dad was a Navy pilot at Pearl Harbor and it holds significance to him and everyone in his family. He also thanked Rachael Goodwin and Kevin Snipes, and everyone in charge of the lights. Town Council Regular Meeting of December 15, 2020 2of6 Mayor Dickey said that she received a letter from the Greater Phoenix Leadership that she had shared with staff and the Council. She then read an excerpt from the letter. "As of today, ICU and inpatient occupancy is at 91 %. Some hospitals in Northern Arizona and Pima County now having to shift patients to other facilities. As of Friday, 3 of inpatients is higher than our highest day this year. " She said that the Council meetings will be closed to the public due to the increased risk of spread indoors as they wait for the vaccine distribution. She said that Maricopa County gave a presentation about the vaccine process and for information the public could go to https://www.maricopa.gov/5641/COVID-19-Vaccine as it is very informative. She said that she was approached by Paradise Valley Mayor Bien-Willner to sign on to a letter to Airbnb and Expedia seeking Short Term Rental relief. Thirty Mayors ended up signing it, and the Wall Street Journal did a story this week as this is a widespread problem hurting the quality of life for residents around the country. Mayor Dickey said that she attended a MAG Regional Council meeting, Greater Phoenix Economic Council Meeting, Arizona Town Hall regarding Vibrant Communities, a Mayors' Call with Senator Sinema's Office and the Active Transportation Plan Public Zoom Meeting. Councilmember Magazine said that there was good news in that the Moderna vaccine would probably be approved for distribution next week. A. PROCLAMATION - Fountain Hills Celebrates the 50th Anniversary of the Fountain and presentation of the 50th Year Anniversary Video and 50th Anniversary -related activities. Mayor Dickey read the proclamation proclaiming the Fountain Hills Celebrates the 50th Anniversary of the Fountain. She said that they will place a scroll copy of the proclamation the time capsule, along with other items. She then welcomed Fountain at 50 Project Administrator Sandy Ursini to accept the original proclamation and say a few words. Ms. Ursini thanked the Town Council for having trust in their community. When they were there last December no one could have foreseen what the year would hold. Even in October when they came before Council they were optimistic that they would be able to celebrate in January. The world needs to get a whole lot healthier before that happens. They are still working on the time capsule, but have not decided on when or where it will be buried. She said that the Fountain of Light is coming to fruition and this evening they will be looking at the fountain in a whole new light. She said that they are encouraging everyone to gather at the park, hoping people will view the fountain and enjoy the new lighting system for the next 50 years to come. Mayor Dickey thanked their creative, hardworking committee consisting of Carol Carroll, Jim Dickey, Sharron Grzybowski, Phyliss Kern, Cherie Koss, Jay Schlum, Jenny Willigrod, and,Stan Ziefert; Brent and Alan Cruikshank, who were co-chairs with the Town's own Rachael Goodwin, and Sandy Ursini, Project Administrator. Those present were then presented with appreciation plaques. At this time, the audience viewed a PowerPoint presentation, noting that there is also a video available on the Town's website that was done by Brent. They then recognized the photo contest winners. She said that they appreciated Bruce Boyce and the Photography's Town Council Regular Meeting of December 15, 2020 3of6 Club's help with the contest, and she wanted to acknoledge the judges --Beth Ruggiero and Ron York, Fountain Hills residents who are with Arizona Highways. She gave a big thanks to all who entered and allowed them to enjoy the beautiful displays at the Council Chambers. Also in the lobby, they have photos of the Town's past elected leaders. She said that the vision that created such a lovely community was not just by chance. It took a lot of hard work, with challenges along the way. It was a good lesson as they move forward. They owe a debt of gratitude to each of these officials, their staff and the volunteers. Some they have sadly lost over the years. She also wanted to thank former Councilmember and Honorary Consul Enrique Melendez for the idea to recognize them. Mayor Dickey said that they had asked mayors and others around the state if they would share their thoughts about Fountain Hills to help them celebrate the 50th Anniversary of the Fountain. They heard from several who were kind enough to send them letters that were delivered by Pony Express last February. Councilmembers then took turns reading letters from some of them. She said that as when she was at the Monarch Butterfly Event at the museum, she was speaking to people visiting from Georgia who were dazzled, and it was good to see the community through another's eyes. It is a little bittersweet reading some of the letters, with all the plans they had and the celebration that would have been happening now. The fireworks, balloons and other surprises will have to wait. But, they are creative and resilient, and realize that canceling or postponing a party or two is put in perspective given the hardship and losses some have faced this year. Mayor Dickey then thanked Grady, Bo, Brent, Rachael, Kevin, all staff and volunteers for the displays, program, time capsule, and videos, and the businesses like BOGO. She was sorry to hear that Jeff Poynter just passed away. She also thanked Chocofin, Sami's, the Chamber, Fountain Hills Times and the new Spin Metal Casting, for making this occasion as special as possible. She said that after they adjourn, the community is invited to view the new lights at the Fountain, which will stay on from 6:30 p.m. until 7:15 p.m. before resuming standard operations at the top of the next hour, with white lights like them remember them. Letters received from: Ernie Bunch from Cave Creek John Giles from the City of Mesa The Town of Superior's Mayor Mila Besich Georgia Lord, City of Goodyear Jim Lane from Scottsdale City of Chandler's Mayor Kevin Hartke Jerry Bien-Willner from the Town of Paradise Valley Camp Verde's Charlie German Cal Sheehy, Mayor of Lake Havasu City and City of Maricopa's Christian Price County Supervisor Steve Chucri US Senator Martha McSally President Bernadine Burnett, Fort McDowell Yavapai Nation. Photo Contest winners: Town Council Regular Meeting of December 15, 2020 4 of 6 Anne Graves, Black & White Nate Porter, 18 and under Russ Field, Color Spence Fairbanks, Special Event Becky Chapman, Best in Show She also recognized Brian Schader, creator of the Fountain of Light, who was in attendance. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. None 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Gerry Friedel to approve Consent Agenda Items 7-A and 7-B. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving budget transfers for the Economic Development Fund and the Court Enhancement Fund. B. CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for a fundraising event to be held in the Fountain Hills Community Center, on Saturday, March 6, 2021. Town Council Regular Meeting of December 15, 2020 5 of 6 8. REGULAR AGENDA A. CONSIDERATION OF approving a realignment of the Ridgeline Trail within the McDowell Mountain Preserve. Mr. Miller said that they were before the Council to request a slight modification to the Trail Loop. Ms. Goodwin then gave a brief review of the request and recognized Bill Craig, Chairman of the McDowell Mountain Preservation Commission, who was present. MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to approve the Ridgeline Trail Realignment. Vote: 7 - 0 Passed - Unanimously 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. None 10. ADJOURNMENT Mayor Dickey thanked everyone and wished them happy holidays. She reminded all to drive by the fountain. MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Mike Scharnow to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held December 15, 2020, adjourned at 6:13 p.m. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk Town Council Regular Meeting of December 15, 2020 6 of 6 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of December, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January, 2021. Elizabeth A. Burke, Town Clerk ITEM 7. B. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language)- CONSIDERATION OF Ordinance 21-05, text amendment to Chapter 12 of the Town Code, Section 12-3-10 C, defining term "overnight." Staff Summary (background) This item was initially considered at the June 6, 2020 Council meeting. It was approved and adopted. After adoption, it was discovered that the time frame defining overnight was not clear. Over the past several months, town staff and the Maricopa County Sheriff's Office have responded to complaints from residents regarding commercial vehicles parking overnight on streets. The commercial vehicles obstruct ingress and egress access of local streets, thereby causing safety concerns for affected residents and neighborhoods. Additional nuisances observed by residents include noise and street debris. Under the direction of the Town Manager and Town Engineer, commercial parking issues have been mitigated by installing No Parking or No Overnight Parking signs in affected areas. Although these actions have caused a few concerns from some local businesses and their customers, the measures have helped resolve a number of resident complaints and safety concerns. Chapter 12 of the Town Code addresses parking of commercial vehicles. A minor amendment to the text will clearly define the term "overnight" as 11:00 p.m. to 5:00 am. The proposed minor text amendment will also address the commercial vehicle parking town -wide and will provide Sheriff deputies with more authority to enforce commercial parking violations town -wide. Related Ordinance, Policy or Guiding Principle Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The proposed minor text amendment has been reviewed by the Town Attorney, Town Engineer, and Maricopa County Sheriff's Office and is recommended for approval. The proposed amendment will provide MCSO with an additional tool to address overnight parking of commercial vehicles. 1i9LeL"11 i 19l ►71 Eel I Eel MOVE to adopt Ordinance 21-05. Fiscal Impact Fiscal Impact: N/A Budget Reference: Funding Source: If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Burke 12/14/2020 08:57 AM Public Works Director (Originator) Justin Weldy 12/14/2020 09:39 AM Town Attorney Aaron D. Arnson 12/14/2020 10:00 AM Town Manager Grady E. Miller 12/14/2020 10:26 AM Form Started By: Justin Weldy Started On: 12/02/2020 08:29 AM Final Approval Date: 12/14/2020 ORDINANCE NO.21-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 12, ARTICLE 12-3, SECTIONS 12-3-18, OVERNIGHT PARKING PROHIBITED; 12-3-19, COMMENCEMENT OF PROCEEDINGS FOR VIOLATIONS; AND 12-3-20, PENALTIES, THEREOF RECITALS: WHEREAS, the Mayor and Town Council wish to amend the Town Code to prohibit overnight parking in designation areas throughout the Town. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. Chapter 12, Article 12-3, Sections 12-3-18, Overnight Parking Prohibited; 12-3-19, Commencement of Proceedings for Violations; and 12-3-20, Penalties, are amended as follows: SECTION 12-3-18 OVERNIGHT PARKING PROHIBITED A. OVERNIGHT PARKING IS PROHIBITED IN THOSE AREAS WHERE INDICATED BY SIGNAGE. B. FOR PURPOSES OF THIS CHAPTER, A PROHBITION ON OVERNIGHT PARKING IS DEFINED SHALL APPLY FROM 11:00 P.M. TO 5:00 A.M.. Section 12-3-189. Commencement of Proceedings for Violations A. An action to hear and determine an alleged violation of this article may be commenced by issuance of a citation by a peace officer of the State of Arizona or the Town Manager or his authorized designee. B. The citation shall be in the form of deemed appropriate by the Town Manager. C. Service of any citation for violation of this Article may be accomplished, and will be deemed proper and complete, by any of the following methods: By having the defendant sign the citation with a promise to appear in court ten or more days after issuance of the citation. 2. If the defendant refuses to sign the citation, by hand delivering a copy of the citation to the defendant. 3. By affixing the citation to any vehicle owned by the defendant and the parking, location or abandonment of which constitute the offense charged in the citation. ORDINANCE 21-05 PAGE 2 4. In the event service cannot be accomplished as set forth above, the defendant may be served by any means allowed by the Arizona Rules of Civil Procedure for the Superior Court. (20-06, Amended, 06/02/2020; 17-02, Added, 06/01/2017) Section 12-3- Penalties Unless otherwise specifically designated in this article, violations of this article may be punishable as set forth in Section 1-8-3. Each day that a violation continues may be a separate offense punishable by imposition of a civil sanction not to exceed two hundred fifty dollars ($250.00). (20- 06, Amended, 06/02/2020; 17-02, Added, 06/01/2017) SECTION 2. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 5th day of January, 2021. FOR THE TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor REVIEWED BY: ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney Meeting Date: 01/05/2021 Agenda Type: Consent TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Submitting Department: Public Works Prepared by: Anh Harambasic, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language)- CONSIDERATION OF Resolution 2021-02, abandoning a 10' Public Utility and Drainage Easement at the rear of 15747 E. Golden Eagle Blvd.(Plat 505-A, Block 3, Lot 16). Staff Summary (Background) Applicant/Owner: Robert Zonzini Property Location: 15747 E. Golden Eagle Blvd This is a proposal to abandon the pre -incorporation 10' Public Utility and Drainage Easement at the rear of Plat 505-A, Block 3, Lot 16 (15747 E. Golden Eagle Blvd). The applicant has indicated that he wants to construct a pool within the existing easement area and will apply for proper permits. Staff has reviewed the site to determine any on -site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property. All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2021-02. SUGGESTED MOTION MOVE to adopt Resolution 2021-02 Res 2021-02 Vicinity Map Exhibit A: Inbox Town Clerk Development Services Director Town Attorney Town Manager Form Started By: Anh Harambasic Final Approval Date: 12/14/2020 Attachments Form Review Reviewed By Elizabeth A. Burke John Wesley Aaron D.Arnson Grady E. Miller Date 12/14/2020 08:48 AM 12/14/2020 09:20 AM 12/14/2020 09:21 AM 12/14/2020 09:51 AM Started On: 12/01/2020 10:31 AM RESOLUTION 2021-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE - INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR (15747 E. GOLDEN EAGLE BLVD) PROPERTY LINE OF PLAT 505-A, BLOCK 3, LOT 16, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158, OF MAPS, PAGE 40 RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1 That the public utility and drainage easement, located at the rear property line of Plat 505-A, Block 3, Lot 16 (15747 E. Golden Eagle Blvd) Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 40, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2 That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 5th day of January, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk RESOLUTION 2021-02 PAGE 2 REVIEWED BY: Grady E. Miller, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A11 PLAT 505-A BLOCK 3 LOT 16 c \ 15 <p \ F`Z, \ 07*03'19" \ R = 950.00' L = 116.98' BLOCK 3 LOT 16 0= 86"20'30„ R = 20.00' p L = 30.14' O o., ABANDON 10' / P.U.E. & D.E. } 0) O °b O� Q, etofessi«,ai e� W li / �\F I C % ATF l��P u`"� 36500 �o v ANH T. s HARAMBASI 0 20' 40' Sj9ned \ SCALE: 1" = 40' / ^ F� ,Lp`Le� DATE: 12-8-2020 / / 9/30I ITEM 7. D. rm- 1` Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Burke, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF consent to the formation of the Rio Verde Foothills Domestic Water Improvement District. Staff Summary (Background) The Town was recently contacted by Rio Verde Foothills Water Resources, Inc. requesting the consent from the Town of Fountain Hills to the formation of a Domestic Water Improvement District. Pursuant to AIRS §48-902, they must ask for consent from an incorporated city or town that is within six miles of the District. They measured from the south boundary of the Rio Verde Foothills to the closest property within Fountain Hills and came up with 31,588 feet, just 92 feet short of six miles. Attached are copies of their proposed petition and associated exhibits. It is important to note that the attached map indicates the proposed water district boundaries will not overlap with the Town's corporate boundary area. Staff has reviewed this request and sees no concerns with the Town Council consenting to the formation of a water district in the proposed service area. Related Ordinance, Policy or Guiding Principle A.R.S. §48-902 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends granting consent to the formation of the Rio Verde Foothills Domestic Water Improvement District. SUGGESTED MOTION MOVE to consent to the formation of the Rio Verde Foothills Domestic Water Improvement District. Petition Exhibit A Exhibit B and C and Suffiency Inbox Reviewed By Finance Director David Pock Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: Elizabeth A. Burke Final Approval Date: 12/28/2020 Attachments Form Review Date 12/23/2020 12:24 PM 12/28/2020 08:34 AM 12/28/2020 09:04 AM Started On: 12/22/2020 04:39 PM PETITION FOR THE ESTABLISHMENT OF THE RIO VERDE FOOTHILLS DOMESTIC WATER IMPROVEMENT DISTRICT AND PETITION TO INCUR EXPENSE TO THE HONORABLE BOARD OF SUPERVISORS OF MARICOPA COUNTY, ARIZONA: The undersigned real property owners ("Petitioners"), as identified in Exhibit A attached hereto and incorporated herein, petition ("Petition") the Board of Supervisors of Maricopa County, Arizona ("County") to enter its final order declaring the formation, organization and establishment of the RIO VERDE FOOTHILLS DOMESTIC WATER IMPROVEMENT DISTRICT ("District"). This Petition is made pursuant to Sections 48-901 to 48-967, inclusive, and Sections 48-1011 to 48-1019, inclusive, of the Arizona Revised Statutes ("A.R.S."), as the same may be amended from time to time (collectively, the "County Domestic Water Improvement District Laws"). As required by A.R.S. Section 48-903(C), the Petitioners herebyassertand declarethe following facts and make the following representations in support of this Petition: 1. The name of the proposed District is the"Rio Verde Foothills Domestic Water Improvement District" of Maricopa County, Arizona. 2. The necessity forthe proposed District is the need to provide a secure source of water, purchase land and construct one or more standpipes for a domestic water system and other local improvements, and the financing of such improvements bythe issuance of bonds orsuch otherfinancial mechanisms as the District may determine in its discretion forthe benefit of the parcels of land so benefitted within the proposed District, charging and collecting fees and charges as may be permitted by law, and levyingtaxes within the proposed Districtto operate and maintain such improvements. 3. The pu bl i c conve ni e nce, ne cessity a nd we If are wi I I be promoted by the esta bl i sh ment of the Di strict and the real property to be included therein will be benefitted by the improvements which can be ordered upon the formation of the District. 4. The Initial Proposed Boundary Description for the District is described in Exhibit B: PROPOSED BOUNDARY DESCRIPTION attached hereto and the Initial Proposed Boundaries Map for the District is depicted in Exhibit C: PROPOSED BOUNDARIES MAP attached hereto. The intent is to show the boundaries within which Petitioners are required to own land in orderto sign the Petition. Afteral I petition signatures are gathered, there will be an amended Exhibit B: PROPOSED BOUNDARY DESCRIPTION and an amended Exhibit C: PROPOSED BOUNDARIES MAP created that wi II include only those parcels whose owners have signed this Petition. Parcels whose owners did NOT sign this petition will NOTbe included in the District. The parcels to be included within the boundaries of the proposed District are not, wholly or partially, within eitherof the following: a. The boundaries of the existing service territory of a public service corporation that provides domestic water or wastewater services as defined by a certificate of convenience and necessity issued bythe Arizona Corporation Commission. The boundaries of the proposed service territory of a public service corporation that provides domestic water or wastewater services as defined in an application for a certificate of convenience and necessity that is pending before the Arizona Corporation Commission or that has been considered by the Arizona Corporation Commission within oneyear before the date this Petition foran improvement district isfiled with the Clerk of the Board of the County. 5. The proposed improvements may include, but are not limited to, acquiring a secure source of water, acquisition or construction of a well orwel Is, i nstallation of a pump or pumps, construction of a water storage tankor tanks, and construction of a standpipe orstandpipes, combined withwater hauling by independent commercial and/or private water haulers delivering water from the constructed water infrastructure to parcels included within the District, or the sale of water from the domestic water system, all as part of a domestic water system. 6. Petitioners ask that the proposed District have the power and authority to: (i) construct, acquire and/or improve a domestic water system and all appurtenances thereto, within and without the District; (ii) make any and all otherlocal improvements as may be required ornecessarytofulfill such purpose; (iii) fund by loans, grants, assessments, special assessments, the issuance of bonds, and/or imposition of charges as may now or hereafter be ordered under and pursuant to the County Domestic Water Improvement District Laws; and (iv) provide forthe operation, maintenance, repair and replacement of such improvements, as the need may arise. The proposed District shall be a special purpose district and municipal corporation for all applicable purposes. These purposes consist of, but are not limited to, the purposes prescribed in A.R.S. Section 48-909(A) as well as the related powers prescribed in A.R.S. Section 48-909(B) and A.R.S. Section 48-910. 7. Petitioners request that the District have an elected Board of Directors consisting of five members and that the following qualified electors of the District be appointed asthe initial Board of Directors: Name of Director Address JenniferSimpson 13824 E Olesen Rd Scottsdale, Arizona 85262 JohnJouas 35607 N 138th Way Scottsdale, AZ 85262 Karen Nabity 13730 E. Cavedale Drive Scottsdale, Arizona 85262 Michelle Jameson 30507 N 164' St Scottsdale, Arizona 85262 [INSERT] 8. Election dates shall be the same as the county -wide general election date of each even numbered year commencing in 2022, and terms of the applicable class shall expire on the last day of December followingthe election. 2 9. When the District is formed, this Petition shall be deemed to be a petition to the Board of Directors of the Districtthat the District incurthe expense of appointing and employing a District engineer, draftingand preparing plans, specifications and estimates of the District's i mprovem ents or anyone of them, and of taking all action to initiate and complete such improvements. Further, this Petition shall be deemed to be a petition to the Board of Directors of the District to incur the expenses of acquiring secure source of water and constructing ado me sticwatersystem, to pay required bond, other fees and expenses, costs of mailings, notifications, professionals and of taking all action to initiate and complete the process of obtaining a secure source ofwaterand any improvements. 10. The Petitioners agree to pay all expenses connected with the proceedings in case the Board of Supervisors refuses to establish the District. If the District is established butthe improvement work is abandoned by the District, the costs incurred previous to the abandonment (i.e., costs for engineering, legal,financial,and other incidental expenses) will be paid bythe District, such payment will be provided for by the levy and collection of taxes upon all the property, real and personal, in the District, or payment for such costs will be made by any other remedy or law in force at the time of abandonment. 11. Petitioners understand that the engineer's estimate of costs of the improvements have not been completed nor has the assessment methodology been determined or approved by the Board of Directors, and therefore no maximum limit on the amount of any assessment or the aggregate amount of all assessments has been established. 12. Petitioners acknowledge thatthe formation of the District may result in the l evy of ad valorem taxes, assessments, and other charges to pay the costs of taking all action to initiate and complete the anticipated improvements, and for their operation and maintenance, and that the real property included within the District will be subjectto the ordinances, resolutions, and other laws of the District. The owners of real property within Exhibit B: PROPOSED BOUNDARY DESCRIPTION and Exhibit C: PROPOSED BOUNDARIES MAP who do not sign this Petition shall be excluded from the District. 13. The Petitioners represent and/or acknowledge that: (1) this Petition constitutes a bindi ng obl igation; (2) this Petition has been validly authorized and executed as verified in the verification attached hereto; (3) this Petition meets the majority requirements of A.R.S. Sections 48-903(A); (4) the proposed District is a non-contiguous District and afterall Petitioners sign this petition, an amended ExhibitB: PROPOSED BOUNDARY DESCRIPTION and an amended ExhibitC: PROPOSED BOUNDARIES MAP will be created including ONLYthose parcels whose owners have signed this Petition; and as a result (S) 100% of the owners of 100% of the real property to be included in the District will have signed this Petition. IN LIGHT OF THE FOREGOING, and in furtherance of their desire to provide a permanent and reliable source of domestic water to landowners within the boundaries of the proposed District, the Petitioners ask the Board of Supervisors: (i) to summarily order the formation of the District since the Petition will have been signed by the owners of all real property to be included in the proposed District; and (ii) (iii) after consideration of any objections that may be made, entera formal order declaring the following: A. That the County finds this Petition was signed bythe owners of all of the real property to be included within the proposed District, and all of such property owners are qualified electors of the proposed District; 3 B. That the County finds the public health,convenience, necessity and welfare will be promoted by the establishment of the proposed District, and the real propertyto be included therein will be benefited by the improvements to be constructed by the proposed District; C. That the County issue a formal order declaring that this Petition conforms with all applicable legal requirements relatingtothe formation of the District, and define and establish the boundaries of the District as described in the amended Exhibit B: PROPOSED BOUNDARY DESCRIPTION and the amended ExhibitC: PROPOSED BOUNDARIES MAP; D. That in accordance with A.R.S. Sections 48-1011 etseq., the County finds that the proposed District should be governed by an elected Board of Directors,and thatthe first Board of Directors shall consist of the five persons listed in Paragraph 7 of this Petition; E. That the first election forat leasttwo of the initial members of the Board of Directors be held on the first TuesdayafterthefirstMondayinNovember2022,withsubsequentelections being held in each even -numbered yearon the first Tuesdayafterthefirst Monday in November; F. That, in accordance with A.R.S. Section 48-915, the District be authorized to incurexpenses and debt for which the District wi I I be I i able; and G. That the County performs such other and further acts as are required bylaw. RESPECTFULLY SUBMITTED this day of [Signatures are attached as ExhibitAj Approved as to form: Jeffrey W. Crockett, Esq. CROCKETT LAW GROUP PLLC 2198 E. Camelback Road, Suite 305 Phoenix, Arizona 85016 Phone: (602) 441-2775 E-mail: jeff@jeffcrockettlaw.com Attorneyforthe Petitioners 4 Exhibit A I have personally signed this Petition for the Establishment of the Rio Verde Foothills Domestic Water Improvement District and Petition to Incur Expense (the "Petition"). I have not signed any other petition for the same measure. I am an owner of property within the Initial Proposed Boundaries Map attached to the Petition and that property is located in the State of Arizona, County of Maricopa. I have read the Petition and all exhibits. Warning: It is a class 1 misdemeanor for any person to knowingly do any of the following: 1. Sign a district creation petition with a name other than the person's own name, except in a circumstance where the person signs for another person, in the presence of and at the specific request of that person, who is incapable of signing that person's own name because of physical infirmity; 2. Sign a person's name more than once for the same parcel number; and 3. Sign a district creation petition if the person is not a property owner within the initial proposed boundaries. Signature Name (As on Deed to property) Actual Address of Parcel (If no street address: Description w/ cross roads) Mailing Address (if different from property address) Parcel No. Date MM/DD/YY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. am the volunteer responsible for the signatures collected above. Signature Printed Name Volunteer's Actual Address Exhibit B PROPOSED BOUNDARY DESCRIPTION Rio Verde Foothills Domestic Water Improvement District The Initial Proposed Boundary Description is: The area is located in Mari copa County and is bounded by the City of Scottsdale to the West, Tonto National Forest to the North, Tonto National Forest North of Dixileta Dr.; Dixileta West to 172nd St.; 172nd St. South to Rio Verde Dr.; Rio Verde Dr. East to 176th St.; 176th St. to The McDowell Mountain Regional Park comprise the East boundary, and The McDowell Mountain Regional Park on the South. EXCEPT the following areas: Granite Mountain Ranch; encompassed by Lone Mountain Rd. to the North, 144th St. to the East, Dixileta Dr. to the South and 140th St. to the West. Rio Mountain Estates; encompassed by Dixileta Dr. to the North, 152nd St. to the East, Rio Verde Dr. to the South and 150th St. to the West. The following parcels which are included in EPCOR's service area: These are located West of 172nd St. and North of Rio Verde Dr.: Parce 1219-38-009H Parce 1219-38-009N Parcel 219-39-009P Parcel 219-38-978 These are located Westof 176th St. South of Rio Verde Dr.: Parce 1219-38-046 Parcel 219-38-056C Parcel219-38-047 Parce 1219-38-052C Parce 1219-38-052H Parcel 219-38-052J Parce 1219-38-052N Parce 1219-38-052P Parce 1219-38-052Q Parce 1219-38-0525 Parce I 219-38-052T Parcel 219-38-052U Parce 1219-38-056B Parcel 219-38-158 Parcel 219-38-159A Parcel 219-38-159C Parcel 219-38-159D Parcel 219-38-159E Parcel 219-38-159F Parcel 219-38-106A Parcel 219-38-106B Parcel 219-38-106C Parcel 219-38-160D Parcel 219-38-160E Parcel 219-38-979 Parcel 219-38-16OF Parcel 219-38-16OG Parcel 219-38-160H Parcel 219-38-160J Parcel 219-38-160K Parcel 219-38-161 Parcel 219-38-162 Parcel 219-38-163 Parcel 219-38-164 Parcel 219-38-165 An Amended Proposed Boundary Description will supersede and replace this Exhibit Band will list only those Parcels whose owners have signed the accompanying Petition and are within the above Initial Proposed Boundary description. No other parcels will be included. Exhibit C PROPOSED BOUNDARIES MAP Rio Verde Foothills Domestic Water Improvement District This is the INITIAL PROPOSED BOUNDARIES MAP. The intentof this map is to showthe boundaries within which Petitioners are required to own propertyto sign the accompanying Petition. Afterall petition signatures are gathered, therewill be an AMENDED PROPOSED BOUNDARIES MAP created that will include onlythose parcels whoseowners have signed the accompanying Petition. The AMENDED PROPOSED BOUNDARIES MAP will supersede and replace this ExhibitC. Parcelswhose owners did NOTsign will NOTbe included in the Amended Proposed Boundaries Map. V C-. j s fa. C. fe %w qE.VCP4E; x4ALL" a i East TbTO Do VbW t7 E, AS%4c&f{ ►Aius RK. f_ F,y0 vekpc- M- �# Ut 9P 2,% 2 1 4117211 A (1) {iV —11? l .4A (3) ,, r Water UrAltyotNorthern Scottsdafle,11W, Rio Verde Ulfilifie�, In(:. PETITION FOR ESTABLISHMENT OF IMPROVEMENT DISTRICT RIO VERDE FOOTHILLS DOMESTIC WATER IMPROVEMENT DISTRICT OF MARICOPA COUNTY, ARIZONA STATE OF ARIZONA ) ss COUNTY OF MARICOPA ) I, the undersigned, being first duly sworn, on oath depose and say that the facts stated in the foregoing petition are true; that I own real estate within the boundaries of the proposed Rio Verde Foothills Domestic Water Improvement District ("District"); that I signed the foregoing petition with regard to the real estate within the proposed District; and that I have examined attached copies of the petition and hereby verify that the signatures thereto are, to the best of my knowledge, the genuine signatures of the owners of land, or their authorized representatives, within the District. X Printed Name Acknowledged before me this_ day of 20_ by (name of person acknowledged). Notary Public My commission expires on: Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Staff Contact Information: David Trimble, Deputy Town Manager/Admin. Serv. Dir. Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution 2021-01 to update the Employee Pay Plan. Staff Summary (background) The FY 2020-21 budget was adopted by the Town Council last June and included a 2.5% cost of living increase to salaries of employees. During the budget presentation to the Town Council, the Town Manager recommended holding off on the implementation of the salary adjustments until after the Town Council had an opportunity to review revenue collections for the first quarter. The Town Council was provided the first quarter revenue update during the regular meeting held on October 19, 2020. At the Town Council meeting on December 1, 2020, the Town Council approved a cost of living increase of 3.5% for employees effective the first full pay period in January 2021. Staff is recommending that the Employee Pay Plan be adjusted by 3.5% rather than the 2.5% previously adopted so that salary ranges can be indexed to the actual salary increases granted by Town Council. This will align the Employee Pay Plan with the actual salary increases granted by Council and enable the Employee Pay Plan to continue to be more competitive with the market. Therefore, staff recommends adjusting the pay plan to reflect the 3.5% cost of living increase. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Personnel Policies Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends updating the Pay Plan to reflect the cost of living increase recently approved by Town Council. SUGGESTED MOTION MOVE to adopt Resolution 2021-01. Fiscal Impact Fiscal Impact: 0 Budget Reference: 398-399 Funding Source: If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Res 2021-01 Pay Plan January 2021 Attachments Form Review Inbox Reviewed By Date Finance Director David Pock 12/14/2020 08:21 AM Town Attorney Aaron D. Arnson 12/14/2020 08:27 AM Town Manager Grady E. Miller 12/14/2020 01:16 PM Form Started By: David Trimble Started On: 12/14/2020 06:11 AM Final Approval Date: 12/14/2020 RESOLUTION 2021-01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN'S 2020-21 PAY PLAN RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), pursuant to ARiz. REV. STAT. § 9-240(B)(2), are vested with the power to determine the budgets of all Town departments; and WHEREAS, the Town Council on June 2, 2020 adopted Resolution 2020-24, which approved and authorized, among other things, the 2020-21 Pay Plan; and WHEREAS, the Town Council, in order to provide for consistent and uniform administration of the Town's monies and to maintain a pay plan that is consistent with employee cost of living adjustments, has determined it is necessary to amend the 2020-21 Pay Plan. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Town Council hereby approves the amended 2020-21 Pay Plan, effective January 4, 2021, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, January 5, 2021. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Pierce Coleman PLLC Town Attorney RESOLUTION 2021-01 PAGE 2 EXHIBIT A TO RESOLUTION 2021-01 [2020-21 Pay Plan] See following pages. CAS:dkk 1350750.1 10/14/2010 FY 20-21 PAY PLAN (January 2021) Exempt Positions Position Title Minimum Maximum Deputy Town Manager/Administrative Services Director $ 112,512 $ 160,892 Public Works Director 107,154 153,230 Finance Director 107,154 153,230 Development Services Director 107,154 153,230 Town Clerk 101,796 145,568 Economic Development Director 101,796 145,568 Community Services Director 101,796 145,568 Town Engineer 100,340 143,486 Assistant Town Engineer 85,294 121,970 Court Administrator 83,793 119,824 Network and Information Technology Administrator 83,793 119,824 Chief Building Official/Plans Examiner 74,125 105,999 Recreation Manager 73,224 104,710 Parks Superintendent 73,224 104,710 Community Center Manager 73,224 104,710 Community Relations Manager 73,224 104,710 Streets Superintendent 72,570 103,775 Senior Planner 72,272 103,349 Procurement Officer 64,229 91,847 Facilities Supervisor 63,222 90,407 Events and Operations Supervisor 61,475 87,909 Senior Services Supervisor 61,231 87,560 Executive Assistant to Town Manager/Council 60,800 86,944 Civil Plans Examiner 60,646 86,724 Economic Development and Tourism Specialist 60,646 86,724 Accountant 56,122 80,254 Operations Coordinator - Community Center 56,122 80,254 Recreation Program Coordinator 56,122 80,254 Senior Code Enforcement Officer 56,122 80,254 Volunteer Coordinator 56,122 80,254 Non -Exempt Positions Position Title Minimum Maximum Senior Building Inspector $ 30.03 $ 42.94 Information Technology Support Specialist 29.35 41.97 GIS Technician/CAD Operator 28.65 40.97 Civil Engineer Inspector 24.88 35.58 Executive Assistant 23.35 33.39 Code Enforcement Officer 23.35 33.39 Senior Maintenance Technician 22.78 32.58 Park Operations Lead 22.78 32.58 Facilities Maintenance Technician 21.07 30.13 Building Permit Technician 20.52 29.34 Senior Court Clerk 19.99 28.59 Street Maintenance Technician 19.99 28.59 Court Clerk 19.10 27.31 Financial Services Technician 19.10 27.31 Groundskeeper II 19.10 27.31 Accounting Clerk 18.50 26.46 Customer Service Representative II 18.50 26.46 Senior Services Activities Coordinator 18.09 25.87 Lead Park Attendant 18.09 25.87 Lead Operations Support Worker 18.09 25.87 Customer Service Representative I 16.48 23.57 Operations Support Worker 16.10 23.02 Custodian 14.88 21.28 Park Attendant 14.88 21.28 ITEM 7. F. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Linda Ayres, Recreation Manager Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language)- CONSIDERATION OF approving a Special Event Liquor License application for the Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival of Arts and Crafts on February 26-28, 2021. Staff Summary (Background) The purpose of this item is to obtain Council's approval regarding the Special Event Liquor License application submitted by Boris Biloskirka, representing the Fountain Hills VFW Post 7507 for submission to the Arizona Department of Liquor. The applicant and Fountain Hills VFW are keenly aware that final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on February 26th-28th, 2021, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic. Furthermore, the applicant and Fountain Hills VFW understand the Avenue of the Fountains may not be able to serve as the venue and that the Fountain Festival of Arts and Crafts event is subject to cancellation. The applicant and VFW wish to obtain Council approval for the liquor license application as an administrative step, in anticipation of the Arizona Department of Liquor License and Control resuming this service and understands issuance of special event liquor licenses may not resume prior to the event date of February 26, 2021. All special event liquor license applicants are required to submit an application and pay a $25 fee for processing. Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for its review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of the application as submitted. 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 Risk Analysis The VFW would comply with COVID safety protocol requirements outlined by the Fountain Hills Chamber of Commerce for the Fountain Festival of Arts and Crafts. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve the Special Event Liquor License G:\Special Events\Liquor Apps\2020 Attachments Form Review Inbox Reviewed By Date Development Services Director John Wesley 12/16/2020 10:45 AM Form Started By: Linda Ayres Started On: 12/16/2020 07:31 AM Final Approval Date: 12/16/2020 DLLC USE ONLY rd Date: IMPORTANT tN Tt N Thl d cum nt must m R wN r m d. The Departenen —oF quor Lenses an an ro mus rece ve s application en u Hess days DrkK to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Blloskirka Botts Lad Fire Middie Dote of DIM 2. Applicant's mailing address: 15116 E. Westddge Dr. Fountain Hills AZ 85268 sheer aty slate zip 3. Applicant's home/cell phone: (48D } 466-6850 Applicant's business phone: 4. Applicant's email address: bobilo369@gmail.COm SECTION 2 Name of Organization, Candidate or Political Party/Gov.: Fountain Hills VFW Post 7507 Veterans of Foreign Wars SECTION 3 Non-Profit/IRS Tax Exempt Number. 501(C)19; 74-2514547 SECTION a Event Location: Fountain Hills Great Fair Event Address: Saguaro Blvd and Ave. Of The Fountain, Fountain Hills, AZ SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive bays. See A.R.S. § 4-244(15) and (17) for legal hours of service. ���]1�I1.�•Iftl����7•I7�tL�I���L•T•�iI•I.I�•I.Z�Gt,�:I•P!S•t'•I;I��•� iil��li7i1 Event Event Numbers of Date Day of Week Start Time End Time Attendees AM/PM AM/PM (Each Day) DAY 1: Feb 26, 2021 Friday 8;00 AM 10:OOPM 400 DAY 2: Feb 27,2021 Saturday 8:OOAM 10:OOPM 400 DAY 3: Feb 28, 2021 Sunday 8:OOAM 10:OOPM 400 DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 12/ 1 /202D Page 1 of 4 Individuals requiring ADA accommodations tali (6021542 2999 SECTION 6 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, I applicable.) 0 Number of Police 3 Number of Security Personnel [V-encing farriers Explanation: Rope barrier around the perimater of the Beer Garden with two entrances. Guard at each entrance. Roaming guard trough the Beer. SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes EJNo (if yes, Local Goverrling Body Signature not required) Name d lluslneu License Number Phone (Include Area Code) SECTION 8 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 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 []Split premise between special event and retail location OF 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 THATPORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event? ❑✓ On -site consumption ❑Off -site (auction/wine/distilled spirits pull) ❑Both SECTION T4 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? E]Yes ✓ao (It yes, aBach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 0 (The number cannot exceed 10 days per year.) 3. Is the Organization using the services of a Licensed Contractor? ❑Yes❑✓ No If yes, please provide the following: Name of Licensed Contractor. 4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol? ❑YesONo If yes, please provide the following: Name of Licensee License #: 5. 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 F.H.'s VFW Post 7507 Percentage: 100% Address 9624 N. Monterey Dr. Fountain Hills, AZ 85268 Name Percentage: Address steel City stole lip 12/ 1 /2020 Page 2 of 4 Individuals requiring ADA accommodations call 16021542-2999 Please read A.R.S. § 4-203.02 Special event license: rules and R19-1-205 Reaulrements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 0"'O' H DIAI RANI f the special event will be held at a location without a permanent liquor license or ti the event will be on any portion of a location that h 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. 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. Attestation for Special Events Licenses Executive Order (" E.O.") 2020-59 Further Mitigation Requirement for Events On December 2, 2020 Governor Ducey issued E.D. 2020-59, Further Mitigation Requirement for Events. Pursuant to E.O. 2020- 59, beginning on December 3rd, an applicant for a series 15, Special Event License or series 16, Festival/Fair License are required to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by attendees and enforced by event organizers prior to receiving the license. 1 hereby attest, by submitting this form, that as the applicant listed below I acknowledge that I understand that as a condition of the series 15, Special Event License or series 16, Festival/Fair License issued to me by the DLLC, I shall ensure compliance with the applicable requirements issued by ADHS and any other requirements or guidelines incorporated therein related to mitigating the transmission of COVID-19 during my event, including that as the event organizer I will implement and enforce the following: At all times: • Require the use of masks at all times by event organizers, staff and attendees except while actively eating or drinking. • Promote healthy hygiene practices. • Ensure cleaning and disinfection practices and ventilation. • Ensure adequate supplies of hand sanitizer and cleaning supplies. • Monitor all persons in the business premises for sickness. • Ensure physical distancing by spacing chairs and tables at least 6 feet apai t_ Limit the congregation of groups during the event. • Eliminate instances where attendees serve their own food. By submitting this attestation, the applicant is agreeing to meet the applicable guidance in the ADHS Requirements for thebusiness located at www.azhealth,nov/buslnesscovidl9, as may be updated or modified from time -to -time. Notwithstanding the submission of this attestation, if DLLC becomes aware of actions taken by the applicant that may take jeopardize the health, safety, and welfare of the public or that the represenictions in this attestation are false, DLLC additional action as necessary to protect the health, safety and welfare of the public. To review up-to-date information regarding ADHS' emergency response to COVID-19 and information for businesses, please visit www.azhealth.aov/businesscovidl9. 1, (Print Full Name) Boris BiIOSkirka hereby swear under penalty of perjury and in compliance with A.R.S. § 4-210(A)(2and (3) that I have read and understand the foregoing and verify that th Informa sfat that I have made herein are true and correct to the best of my knowledge. Applicant Signature: 12/1 /2020 Page 3 of 4 Individuals requiring ADA accommodations call (602)S42-2944 'qVLF- oF' f' MA,err+/N5 FOUNTAIN DILLS FAIR BEER GARDEN MAIN LOCATION; SAGUARO BLD. AND AVE. OF THE FOUNTAINS FOUNTAIN HILLS, AZ. 'e " rp PvcE l � x, r ,Q"o P e }' 4 ems; A-,4Vr-rsJ x1r LOCAL GOVERNING BOARD Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Gavemmenl olliclal} (nQe} On behalf of (CRY. Town. County) skmalure Dde DLLC USE ONLY Phone ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. I Irules 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. 12/1/2020 Page 4 of 4 Individuals requiring ADA accommodations call 1602)542-2999 ITEM 8. A. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language)- HOLD A PUBLIC HEARING AND CONSIDER Ordinance #21-01, amending the official Zoning Maps of the Town of Fountain Hills, Arizona by adding the Planned Shopping Plaza Overlay District to the area bounded on the south by East Avenue of the Fountains, on the west by North La Montana Drive, on the north by East Palisades Boulevard, and on the east by North Saguaro Boulevard. (Case #Z 2020-10) Staff Summary (Background) On September 15, 2020, the Town Council adopted Ordinance 20-14, amending the Zoning Ordinance by adding Chapter 26, Planned Shopping Plaza Overlay. This chapter adds an overlay district to the Zoning Ordinance to replace the overlay that was adopted in 1992 but not included in the 1993 Zoning Ordinance. The previous Overlay district had been applied to the north half of Plat 208, the area north of Avenue of the Fountains, east of La Montana Drive, south of Palisades Boulevard, and west of Saguaro Boulevard. This area was zoned C-2 with the initial development of the Town, but was allowed to develop with setback, lot coverages, building heights, and parking standards not consistent with the requirements of the C-2 District. The previous and new Planned Shopping Plaza Overlay establishes standards consistent with the urban development form of this area. If this rezoning is approved, the Planned Shopping Plaza Overlay District will again be applied to this area. This Overlay district allows for the common parking area vs. on -lot parking, three-story building height, and 100% lot coverage consistent with the existing built form in this area. If it is not approved all future development and redevelopment will have to be consistent with the standard C-2 zoning requirements (i.e. provide on -site parking for each lot, meet the setback and lot coverage requirements, etc.). Related Ordinance, Policy or Guiding Principle Fountain Hill General Plan 2010 Fountain Hills General Plan 2020 Fountain Hills Downtown Area Specific Plan Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing on this rezoning at their regular meeting on November 9, 2020. There were no citizens who wished to speak on this item. The Commission voted to recommend approval of this rezoning. Staff Recommendations) Approval of Ordinance 21-01. SUGGESTED MOTION MOVE to approve Ordinance 21-01. Vicinity Map Ordinance 21-01 Attachments Form Review Inbox Reviewed By Date Development Services Director (Originator) John Wesley 12/08/2020 02:18 PM Form Started By: John Wesley Started On: 11/16/2020 10:24 AM Final Approval Date: 12/08/2020 Vicinity Map Z2020-110 Case Details ORDINANCE NO. 21-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY AMENDING THE ZONING DESIGNATION OF APPROXIMATELY 50 ACRES LOCATED NORTH OF AVENUE OF THE FOUNTAINS, EAST OF LA MONTANA DRIVE, SOUTH OF PALISADES BOULEVARD, AND WEST OF SAGUARO BOULEVARD BY ADDING THE PLANNED SHOPPING PLAZA OVERLAY DISTRICT. RECITALS: WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the Zoning Ordinance establishes the authority and procedures for amending the zoning district boundaries; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised in the October 21 and 28, 2020 editions of the Times of Fountain Hills; WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on November 9, 2020, and by the Mayor and Council of the Town of Fountain Hills on January 5, 2021. ENCACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The zoning on approximately 50 acres of real property bounded on the south by East Avenue of the Fountains, on the west by North La Montana Drive, no the north by East Palisades Boulevard, and on the west by North Saguaro Boulevard, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference, is rezoned to add the "Planned Shopping Plaza Overlay" District designation. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 5th day of January 2021. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor Z1=Vl I ATM =1 of YA Grady E. Miller, Town Manager Grady Miller, Town Manager I_Ai9*394Bib tela Elizabeth A. Burke, Town Clerk I_1»:161T/ 4I7_V*M 1e1701 N IVA P Aaron D. Arnson, Town Attorney Town Attorney 2 • EH IE IT A OFFICIAL SUPPLEMENTARY ZONING MAP r AMENDING THE TOWN OF FOUNTAIN HILLS ZONING MAP PALISADES BLUE, � OAF r.Iql � f PARKVIEW AVE 0 � 1J Ti I I I11 Lr LU o F -,LITT o O AVENUE •--F =U,JhTATFJS I -CASE: Z 2 020-I G ACREAGE-. 50-0 REQUEST: AMENDING THE OF F1O1AL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, BY ADDING THE PLANNED SHOPPING -PLAZA OVERLAY DISTRICT TO THE AREA E30UNDED BY AVENUE OF THE FOUNTAIKS, LA MONTANA. PALISADES, AND:&AG 1ARO- ORDINANCE:ORD 21-W Fleas be advised Shat the attached zoning changes were approved by Sh-e FDuntain Fills Town Council on January 5, 2CC2t by Dfdinance# 21-01. If you have any qu-es5ons mnc�--mirg these changes, contact thL- Town of Fa nUin Hills DevE4opmerA Services 3�epartrr;erft at 48&-81&5122. ATTEST: MAYOR TOWN CLERK DATE: ITEM 8. B. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Ordinance 21-03 amending Town Code Chapter 8, Business Regulations, by adding Article 8-6, Vacation Rentals. Staff Summary (background) The Fountain Hills Town Code, including the Zoning Ordinance, regulates land uses and other standards associated with various types of development. In some cases, state statutes are put in place which limit a community's ability to regulate certain activities. This is the case with short-term or vacation rentals. Several years ago the state legislature passed a measure that allows homes in single -residence zoning districts to be rented out for short-term stays and preempted local jurisdictions from imposing local regulations. As vacation rental homes have grown over the years, the impacts on adjacent properties has also increased, often due to renters using the property for large scale parties and events. In response to these issues, the legislature passed a bill that allows some limited action by communities to address some of the resulting effects. Specifically, ARS Sec. 500-39 allows local communities to: • Adopt rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste and pollution control, and designation of an emergency point of contact, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety. • Adopt and enforce residential use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance treats all residential property the same. • Limit or prohibit the use of a vacation rental or short-term rental for the purposes of housing sex offenders, operating or maintaining a sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult -oriented businesses. • Require the owner of a vacation rental or short-term rental to provide the city or town with contact information for the owner or the owner's designee who is responsible for responding to complaints in a timely manner in person, over the phone or by email at any time of day before offering for rent or renting the vacation rental or short-term rental. The attached ordinance seeks to implement the provisions allowed by state statute. Section 8-6-1 establishes the registry for vacation and short term rental property owners. This registry, when created, will be available to citizens on the Town's website. Section 8-6-2 provides for the requirement that the property be in conformance with all health and safety rules and ordinances. Section 8-6-3 provides the use limitations allowed by the state statute. As an additional step, the Town is reviewing related rules and regulations, including the noise and ordinance, for any modifications that might assist in the implementation of this ordinance and address the impacts of vacation and short-term rentals in our Town. Any recommended ordinance changes will come to the Town Council when they are ready for consideration. Related Ordinance, Policy or Guiding Principle Fountain Hills General Plan 2020, Thriving Neighborhoods Element Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendations) Staff recommends adoption of Ordinance #21-03. SUGGESTED MOTION MOVE to adopt Ordinance 21-03. Attachments Ord 21-03 Form Review Inbox Reviewed By Town Clerk Elizabeth A. Burke Development Services Director (Originator) John Wesley Town Attorney Aaron D. Arnson Town Manager Grady E. Miller Form Started By: John Wesley Final Approval Date: 12/14/2020 Date 12/14/2020 08:59 AM 12/14/2020 09:18 AM 12/14/2020 09:22 AM 12/14/2020 09:44 AM Started On: 12/08/2020 02:20 PM ORDINANCE NO. 21 - 03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS, BY ADDING ARTICLE 8-6, VACATION RENTALS RECITALS: WHEREAS, the Town Council desires to amend Chapter 8, Business Regulations, by adding a new Article 8-6, Vacation Rentals. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Chapter 8, Business Regulations, is amended by adding Article 8-6 as follows: Article 8-6 VACATION RENTALS SECTIONS: 8-6-1 CONTACT INFORMATION REQUIRED; INFORMATION UPDATES 8-6-2 COMPLIANCE WITH LAWS 8-6-3 NON-RESIDENTIAL USAGE BY VACATION RENTALS OR SHORT-TERM RENTALS PROHIBITED SECTION 8-6-1 CONTACT INFORMATION REQUIRED; INFORMATION UPDATES. A. THE OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL SHALL PROVIDE THE TOWN WITH CONTACT INFORMATION FOR THE OWNER OR THE OWNER'S DESIGNEE WHO IS RESPONSIBLE FOR RESPONDING TO COMPLAINTS IN A TIMELY MANNER IN PERSON, OVER THE PHONE OR BY E-MAIL AT ANY TIME OF DAY BEFORE OFFERING FOR RENT OR RENTING THE VACATION RENTAL OR SHORT-TERM RENTAL WITHIN THE TOWN. B. IN ADDITION TO THE INFORMATION REQUIRED ABOVE, THE OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL SHALL PROVIDE TO THE TOWN THE NAME AND CONTACT INFORMATION OF A PERSON DESIGNATED AS AN EMERGENCY CONTACT. C. THE OWNER SHALL NOTIFY THE TOWN, IN WRITING, OF ALL CHANGES IN THE CONTACT INFORMATION REQUIRED BY THIS SECTION, NOT LESS THAN TEN (10) DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. ORDINANCE 21-03 PAGE 2 D. THE TOWN MANAGER OR DESIGNEE SHALL DEVELOP THE NECESSARY FORMS AND/OR DATABASE NECESSARY TO IMPLEMENT THIS SECTION. SECTION 8-6-2 COMPLIANCE WITH LAWS. A. A VACATION RENTAL OR SHORT-TERM RENTAL MUST AT ALL TIMES COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS RELATED TO PUBLIC HEALTH, SAFETY, SANITATION, SOLID WASTE, HAZARDOUS WASTE, TAX PRIVILEGE LICENSING INCLUDING ADVERTISING REQUIREMENTS, TRAFFIC CONTROL, POLLUTION CONTROL, NOISE, PROPERTY MAINTENANCE, AND NUISANCE ABATEMENT. B. NO PERSON INCLUDING AN OWNER OR OPERATOR SHALL OPERATE A VACATION RENTAL OR SHORT-TERM RENTAL IN VIOLATION OF THIS SECTION. SECTION 8-6-3 NON-RESIDENTIAL USAGE BY VACATION RENTALS OR SHORT- TERM RENTALS PROHIBITED. A. NO VACATION RENTAL OR SHORT-TERM RENTAL MAY BE USED FOR ANY NOW RESIDENTIAL USE OR PURPOSE INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: 1. ANY COMMERCIAL, INDUSTRIAL, MANUFACTURING, OR OTHER NON- RESIDENTIAL PURPOSE; OR 2. OPERATING A RETAIL BUSINESS, RESTAURANT, EVENT CENTER, BANQUET CENTER OR SIMILAR USE; OR 3. HOUSING SEX OFFENDERS; OR 4. OPERATING OR MAINTAINING A STRUCTURED SOBER LIVING HOME; OR 5. SELLING LIQUOR, CONTROLLED SUBSTANCES OR PORNOGRAPHY; OR 6. OPERATING ANY ADULT -ORIENTED BUSINESS INCLUDING NUDE AND TOPLESS DANCING. B. NO PERSON INCLUDING AN OWNER OR OPERATOR SHALL OPERATE A VACATION RENTAL OR SHORT-TERM RENTAL IN VIOLATION OF THIS SECTION. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 5t" day of January, 2021. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor ATTESTED TO: Elizabeth A. Burke, Town Clerk ORDINANCE 21-03 PAGE 3 REVIEWED BY: Grady E. Miller, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney ITEM 8. C. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Approving Contract 2021-028, a Services Agreement with Online Solutions, LLC, for Citizenserve, an electronic application processing software and ongoing maintenance and the associated budget transfers. Staff Summary (Background) The Town of Fountain Hills currently processes requests for rezoning, plats, site plans, building permits, and other similar services by requiring customers to complete paper application forms and submitting hardcopy plan documents for review. The process can result in the following costs and challenges for both customers and staff: • Customers can only submit documents when Town Hall is open. • Staff manually inputting information from applications into our electronic tracking system (Munis). • Customers being able to learn the status of a project only when staff are available. • The cost to customers in making multiple copies of large plan sets. • Only one person can review a submittal at a time. • Tracking and storing paper copies. • Time spent in transferring paper inspection results to current electronic tracking system. • Delays in communicating inspection results to applicants. Many communities have utilized electronic building permit and plan review software for several years. These systems allow applicants to submit their applications, including all the supporting documents, online at any time. It also then allows customers to track the status of their plan reviews and inspections in real time. Because customers are submitting electronic documents, they are saved the cost of copying multiple sets of documents. These systems allow staff to review the plans electronically, which allows multiple users to review the documents at the same time. A clear record is maintained of who has provided a review and the status of a project and applicants can check the status of reviews at any time. Inspectors can review approved plans on their electronic devise in the field, record inspection results (with pictures if necessary) and make those results immediately available to the contractor and owner. While staff was already moving towards acquiring this technology to better serve our customers, the recent experiences with the pandemic and attempting to work from home put extra pressure on staff to pursue this option now. To start the process, staff reviewed several existing systems to get an idea of the technology available and reviewed what our needs would be. Staff then prepared and posted a Request for Proposals (RFP) to solicit interest from companies who can provide this service. Staff received nine responses to the RFP. A six member staff team reviewed and ranked the submissions. The top three respondents were invited to make a presentation and give a demonstration of their product. While cost was one factor considered in the selection process, the emphasis has been on finding the best product that can meet the needs of the Town. Following this review process, staff is recommending awarding a contract to Online Solutions, LLC, (Citizenserve), an Arizona corporation, for provision of these services. The initial cost to purchase and configure the software is $58,000, which includes the set up and first year maintenance fee. The annual maintenance fee starting in year two is $27,000. Once the agreement is approved and signed, staff will begin to work with the consultant to configure their product to meet our needs. We anticipate addressing the building permit application processes first followed by the zoning application processes. It will take between six and nine months to have all the processes created, tested, and ready for public use. Once implemented, customers will be able to file for any of our processes online at any time by creating a user account. The general public will also be able to create accounts that allow them to view some data and information about zoning and building permit activity. There are a few additional costs for the town to successfully implement the electronic permitting software. One is to acquire additional, larger monitors for the staff to review plans electronically. The larger monitors will allow staff to view an entire page of plan documents at one time. The other necessary investment is purchasing electronic mobile devices for use by inspectors in the field to record inspection results. The cost of these additional items is anticipated to be less than $6,500. The Citizenserve software includes an internal plan review system that allows staff to review and mark corrections on submitted plans. While it is a good system, it does not, at this time, allow for direct comparison between submitted versions of a plan. Staff can spend considerable time comparing revised submittals against previous submittals to ensure there have not been any changes. There is another software available, called Bluebeam, that can automatically compare versions of a plan and highlight where there are changes. This software is compatible with the Citizenserve software. The price quoted above for Citizenserve includes integration with Bluebeam. The cost of Bluebeam is approximately $2,500 for initial purchase and installation of the software (Revu Standard). There is an annual fee of $2430 for a separate program (Sudio Prime) that allows Bluebeam and Citizenserve to work together plus and $700 annually for maintenance and upgrades of the Revu Standard software. Should Citizenserve upgrade its internal program to provide for comparison of versions, the town would then discontinue the use of Bluebeam. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendations) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends awarding the Contract 2021-028 to Online Solutions for the implementation of the electronic permit software program in the amount of $58,000 for the first year and $27,000 annually for the next four years along with the necessary budget transfers for the permit software, the additional hardware, and the Bluebeam software. SUGGESTED MOTION MOVE to approve Contract 2021-028 with Online Solutions, LLC, in the amount of $58,000 and the associated budget transfers in the amount of $66,400 for License Fees (Citizenserve and Bluebeam) and $6,500 for hardware. Fiscal Impact Fiscal Impact: $72,900 Budget Reference: Funding Source: GENAD If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Contract 2021-028 Budget Adjustment PowerPoi nt Inbox Development Services Director (Originator) Finance Director Town Attorney Town Manager Form Started By: John Wesley Final Approval Date: 12/17/2020 Attachments Form Review Reviewed By Date John Wesley 12/14/2020 04:19 PM David Pock 12/14/2020 04:55 PM Aaron D. Arnson 12/16/2020 08:55 AM Grady E. Miller 12/17/2020 12:36 PM Started On: 10/26/2020 03:56 PM SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND Online Solutions, LLC THIS SERVICES AGREEMENT (this "Agreement") is entered into as of January 5th, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Online Solutions, LLC (DBA Citizenserve), a(n) Arizona Corporation ("Citizenserve"). RECITALS A. The Town issued a Request for Proposals, "Electronic Permitting System" (the "RFP"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking proposals from vendors for implementation of an electronic permitting system to include on-line plan submittal, electronic plan review, and remote logging of inspections. Vendor to provide all set up and training and yearly subscriptions and support. B. The Citizenserve responded to the RFP by submitting a proposal (the "Proposal"), attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Citizenserve for implementation of electronic permit review software (the "Services"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and Citizenserve hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until December 31 st, 2021 (the "Initial Term"), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (each, a "Renewal Term") if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) at least 30 days prior to the end of the then - current term of the Agreement, the Citizenserve invoices the Town for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. Citizenserve's failure to seek a renewal of this Agreement shall cause the Agreement to terminate at the end of the then - current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Citizenserve, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 1855004.1 2. Scope of Work. Citizenserve shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit B and incorporated herein by reference. 3. Compensation and Pam. The Town shall pay Citizenserve an amount not to exceed $58,000.00 for the Services at the rates as set forth in the Fee Proposal, attached hereto as Exhibit C and incorporated herein by reference for the Initial Term. The Town shall pay the Citizenserve as set forth in the Billing Schedule, attached hereto as Exhibit D, and upon submission and approval of invoices. All invoices shall document and itemize all Milestones completed to date. 4. Delivery of Services. Citizenserve grants to Town a non-exclusive, non- transferable, limited subscription to access and use the CitizenServe software service in consideration of the fees and terms described in Exhibit C. The subscription will begin as of the date first set forth above which is the date CitizenServe will begin providing services. On this date CitizenServe's responsibilities begin regarding providing support services, infrastructure, backing up data, performing setup and configuration. Implementation and "go live" timelines vary based on the availability and responsiveness of Customer's personnel and on the Customer's priorities and objectives. CitizenServe and Customer agree that they will work collectively on a best efforts basis to satisfactorily achieve the Customer's implementation objectives. Customer acknowledges it is receiving only a limited subscription to use the Software Service and related documentation, if any, and shall obtain no title, ownership nor any other rights in or to the software, service and related documentation, all of which title and rights shall remain with CitizenServe. In addition, Customer agrees that this subscription is limited to applications for its own use and may not lease or rent the Service nor offer its use for others. All Customer data is owned by the Customer. Town represents and warrants that the Services will only be used for lawful purposes, in a manner allowed by law, and in accordance with reasonable operating rules, policies, terms and procedures. CitizenServe may, upon misuse of the Services, request Customer to terminate access to any individual and Customer agrees to promptly comply with such request unless such misuse is corrected. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Citizenserve Personnel. Citizenserve shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Citizenserve agrees to assign specific individuals to key positions. Citizenserve agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Citizenserve shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Citizenserve's performance. Citizenserve shall provide and maintain a self -inspection system that is acceptable to the Town. 919425.2 2 8. Licenses; Materials. Citizenserve shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Citizenserve. The Town has no obligation to provide Citizenserve, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Citizenserve. 9. Performance Warranty. Citizenserve warrants that the Services rendered will conform to the requirements of this Agreement and to the highest professional standards in the field. 10. Indemnification. To the fullest extent permitted by law, the Citizenserve shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Citizenserve, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Citizenserve, Citizenserve shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REv. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage eg AdequacX. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Citizenserve. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Citizenserve from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage and self -insured retention or deductible portions, except Workers' Compensation insurance and 919425.2 3 Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Citizenserve's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Citizenserve. Citizenserve shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self -insured retention amounts. Such deductibles or self -insured retention shall not be applicable with respect to the policy limits provided to the Town. Citizenserve shall be solely responsible for any such deductible or self -insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Citizenserve shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Citizenserve. Citizenserve shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Citizenserve will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Citizenserve's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this 919425.2 4 Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Citizenserve's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate REP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Citizenserve's insurance shall be primary insurance with respect to performance of the Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Citizenserve under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. 919425.2 5 A. Commercial General Liability. Citizenserve shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Citizenserve shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Citizenserve's owned, hired and non -owned vehicles assigned to or used in the performance of the Citizenserve's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Citizenserve engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Citizenserve shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Citizenserve, or anyone employed by the Citizenserve, or anyone for whose negligent acts, mistakes, errors and omissions the Citizenserve is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Citizenserve shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Citizenserve's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 919425.2 6 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination, Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Citizenserve of written notice by the Town. Upon termination for convenience, Citizenserve shall be paid for all undisputed services performed to the termination date. Should Town terminate without cause after the Initial Term or any Renewal Term(s) first date of the term, Town must pay the balance of the current contracted subscription term and this payment obligation will immediately become due. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Citizenserve for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Citizenserve in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Citizenserve for the undisputed portion of its fee due as of the termination date. . Should Town terminate due to work stoppage after the Initial Term or any Renewal Term(s) first date of the term, Town must pay the balance of the current contracted subscription term and this payment obligation will immediately become due. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a Citizenserve to any other party of the Agreement with respect to the subject matter of the Agreement. 12.5 Gratuities. The Town may, by written notice to the Citizenserve, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Citizenserve or any agent or representative of the Citizenserve to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant 919425.2 7 to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Citizenserve an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REv. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Citizenserve fully informed as to the availability of funds for the Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Citizenserve shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. Citizenserve acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Citizenserve, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Citizenserve, its employees or subcontractors. Citizenserve, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Citizenserve meets the requirements of its agreed Scope of Work as set forth in Section 2 above and Exhibit B. Citizenserve is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Citizenserve do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Citizenserve shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Citizenserve is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Citizenserve. 919425.2 8 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. _ No right or interest in this Agreement shall be assigned or delegated by Citizenserve without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Citizenserve in violation of this provision shall be a breach of this Agreement by Citizenserve. 13.9 Subcontracts. No subcontract shall be entered into by Citizenserve with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. Citizenserve is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Citizenserve. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release Citizenserve from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall 919425.2 9 be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to Citizenserve any amounts Citizenserve owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to Citizenserve any amounts Citizenserve owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman, P.L.L.C. 7730 East Greenway Road, Suite 105 Scottsdale, AZ 85260 Attn: Aaron D. Arnson If to Citizenserve: 1101 E. Warner Road Suite 160, Tempe, AZ 85284Attn:James Garvey or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 919425.2 10 13.15 Confidentiality of Records. The Citizenserve shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Citizenserve's duties under this Agreement. Persons requesting such information should be referred to the Town. Citizenserve also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Citizenserve as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that Citizenserve and its subcontractors are complying with the warranty under subsection 13.17 below, Citizenserve's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Citizenserve and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Citizenserve's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of Citizenserve's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Citizenserve and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Citizenserve pursuant to this Agreement. Citizenserve and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Citizenserve or its subcontractors reasonable advance notice of intended audits. Citizenserve shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Citizenserve and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REv. STAT. § 23-214(A). Citizenserve's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Conflicting Terms. erms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, any Town -approved Purchase Order, the Fee Proposal, the RFP and Citizenserve's Proposal, the documents shall govern in the order listed herein. 919425.2 13.19 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.20 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of Citizenserve. Citizenserve may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the then current prices located at https://www.citizenserve.com/municipal-software-pricing/prices ("PRICING PAGE"), in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Citizenserve. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On , 2021, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose 919425.2 12 identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 919425.2 13 "Citizenserve" a(n) By: Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2021, before me personally appeared the of a(n) , whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the Notary Public (Affix notary seal here) 919425.2 14 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND [Citizenserve's Proposal] See following pages. Page 1 citizenserve- cote enserve. Proposal for Fountain Hills, Arizona Electronic Permitting System, RFP #2021-014 Prepared by Kara McFall, PMP Online Solutions, LLC (DBA Citizenserve) 800.325.9818 x709 karakcitizenserve. com Page 2 citizenserve September 18, 2020 Mr. John D. Wesley, Development Services Director Mr. Peter Johnson, Building Official 16705 East Avenue of the Fountains Fountain Hills, AZ 85264 Dear Mr. Wesley and Mr. Johnson, Online Solutions, LLC (DBA Citizenserve) is pleased to submit this response to the Town's RFP for Electronic Permitting System. Citizenserve® is a comprehensive software and service solution for community development. The major advantages of Citizenserve include: 1. A Citizenserve subscription provides you with a world class, integrated solution. All modules and functionality are included. In addition to the Permitting, Planning & Zoning, Code Enforcement, and Licensing modules, your users have access to the electronic plan review tool, online portal, and integrated document management with unlimited storage. 2. Your users have secure access from any location. Citizenserve is accessed via any browser from any device, accommodating remote staff and providing full functionality in the field. 3. Citizenserve is low maintenance and quick to deploy because there is no hardware or software to install, secure, and maintain. Our cloud -based system is already designed, developed, and implemented — Citizenserve customers can start using the software quickly. 4. Citizenserve has the best and most comprehensive support in the business. Citizenserve is already up and running with thousands of users for hundreds of municipalities. Implementations move quickly and can be conducted entirely remotely. Times are changing, and the whole approach to government services has altered. Citizenserve is ready to respond with technology that is ready now and flexible enough to meet whatever changes the future brings. This proposal and pricing are valid until September 28, 2021. Sincerely, Kara McFall, Manager Online Solutions, LLC (DBA Citizenserve) 1101 E Warner Rd, Suite 160, Tempe, AZ 85284 800-325-9818 x709 kara(a)citizenserve.com Page 3 citizenserve- Section A.1 — Cover Sheet and Cover Letter Page 1 Table of Contents Page 3 Section A— General Information Page 4 A.2 — Citizenserve Identification Information Page 4 A.3 — Citizenserve Location Page 4 A.4 — Citizenserve Description Page 4 A.5 — Citizenserve Contract Termination (None) Page 6 A.6 — Citizenserve Litigation (None) Page 6 A.7 — Vendor Information Form Page 6 Section B — Citizenserve Experience and Qualifications Page 8 B.1 — Citizenserve Experience Page 8 B.2 — Citizenserve References Page 9 Section C — Citizenserve Project Approach/Software Functionality Page 11 C.1 — Citizenserve Project Approach Page 11 C.1.1 — Citizenserve Contract Management Approach Page 11 C.1.2 — Citizenserve Implementation Approach Page 12 C.1.2.1 — Implementation Steps Page 12 C.1.2.2 — Integration Approach Page 14 C.1.2.3 — Migration/Conversion Approach Page 15 C.1.2.4 — Training Approach Page 15 C.1.2.5 — Maintenance and Administration Page 17 C.1.2.6 — Customer Service and Unlimited Support Page 18 C.2 — Citizenserve Integrated Solution Page 21 C.2.1 — Permitting Page 21 C.2.2 — Planning & Zoning Page 25 C.2.3 — Plan Reviews Page 25 C.2.4 — Inspections Page 28 C.2.5 — Online Portal Page 28 C.2.6 — Mobile Capabilities Page 32 C.2.7 — GIS Functionality Page 38 C.2.8 — Reporting and Dashboards Page 38 C.2.9 — Role -based Security Page 44 C.3 — Optional Modules Page 47 C.3.1 — Licensing Page 47 C.3.2 — Code Enforcement Page 48 Section D — Project Schedule Page 50 D.1 —Project Schedule Assumptions Page 50 D.2 — Project Schedule Page 50 Section F — Citizenserve Pricing Separate Cover Page 4 citizenserve- A.2 Citizenserve Identification Information Online Solutions, LLC is a limited liability company, doing business as Citizenserve. Members who are authorized to act on the company's behalf are Julie Langdon, James Garvey, and Kara McFall. Address: 1101 E Warner Rd, Suite 160, Tempe, Arizona 85284 Federal Tax ID Number: 57-1152874 DUNS Number: 601104124 Proposal Contact Person: Kara McFall 1101 E Warner Rd, Suite 160 Tempe, AZ 85284 800-325-9818 x709 A.3 Citizenserve Location The principal office of Online Solutions, LLC (DBA Citizenserve) is: 1101 E Warner Rd, Suite 160, Tempe, Arizona 85284 We do not have satellite offices. A.4 Citizenserve Description Online Solutions, LLC (DBA Citizenserve) has 17 years of experience solving the problems the Town seeks help with; we have used the names Online Solutions and Citizenserve since the inception of the company in 2003. Our existing client base consists of towns, cities, villages, counties, and other municipalities with community development functions. We have over 300 of these public sector customers, some of whom have been using Citizenserve since the inception of the company. Each of these customers faced similar challenges to those facing the Town, and with Citizenserve have completed successful projects. Community planning and development software and services are the only software and services the company has ever provided. Page 5 citizenserve- Citizenserve does not have a traditional software salesforce. Our entire organization is focused on customer service and customer -requested product enhancements. Citizenserve uses resource forecasting to determine when our resource capacity may be exceeded due to the addition of new customers, and we hire new team members before the forecasted need to ensure that we have the capacity to meet our schedule commitments. We recently hired two new implementation team members in anticipation of upcoming project needs. We also have extremely low turnover; the average tenure of Citizenserve employees is over 10 years. We do not and have never used subcontractors. All of our team members are employees who have received extensive training on the Citizenserve software and our methodology; the majority of employees have years of experience with the company. We leverage technology for web conferencing to minimize unproductive travel and resource downtime. This model also enables us to assign the same project team members to support customers once their systems are live, as the team members working with the Town will not be traveling when a support request comes in. The traditional software model has implementation and training team members traveling almost 100% of the time, and support teams often know little about the customer processes, unique setups, and challenges. Our business model provides higher -level, more qualified resources in real-time. The Citizenserve solution is a cloud -based software -as -a -service (SaaS) for municipal community planning and development. The solution covers all aspects of permitting, planning and zoning, inspections, code enforcement, licensing, request tracking, and case management. All functionality is extended to an online portal, creating a complete electronic relationship with a jurisdiction's constituents. There is only one version of the software; the Citizenserve software has been developed organically and continually improved based on customer feedback for 17 years. Citizenserve is only provided as a cloud -based subscription and there is one database in a multi -tenant architecture. With this model, the effectiveness of innovation and research and development are exponentially increased, while at the same time the complexity of delivery are dramatically decreased. The Citizenserve subscription includes all current and future features and functionality in the software, as well as unlimited support. The subscription is pay-as-you-go, typically paid for in advance on an annual basis. This model provides municipalities with maximum flexibility and cost savings. Our online support extends beyond assisting with support requests; we also offer unlimited user, administrator, and technical training. If a user requires additional assistance with an infrequently used function, our support staff will provide training. If an administrator is not sure of how to add a custom field or change a template, our support staff will provide training. If your technical staff requires assistance with browser configurations, our support staff will provide training. Our Page 6 cit»enserve unlimited support and training eliminate the stress of changing to a new system and ensure that all of your stakeholders are supported when they require assistance. A.5 Citizenserve Contract Termination (None) Citizenserve has never had a contract dispute, failed implementation, or contract termination. A.6 Citizenserve Litigation (None) Citizenserve has never been and is not currently the subject of litigation. We have never had a contract dispute or failed implementation. A.r Vendor Information Form We have included the completed and signed Vendor Information Form on the following page. Page 7 citizenserve TOWN OF FOUNTAIN HILLS SECTION A Electronic Permitting System IV. VENDOR INFORMATION FORM By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative information and draft of the Professional Services Agreement's terms and conditions and, if awarded the Agreement, agrees to be bound thereto. Online Solutions, LLC (DBA Citizenserve) VENDOR SUBMITTING PROPOSAL Kara McFall, Manager PRINTED NAME AND TITLE 1101 E Warner Rd, Suite 160 ADDRESS Tempe, AZ 85284 CITY STATE ZIP WEB SITE: www.citizenserve.com 57-1152874 FEDERAL TAX ID NUMBER AUTHORIZED SIGNATURE 800-325-9818 x709 800-325-9818 TELEPHONE FAX # DATE E-MAIL ADDRESS: karakcitizenserve.com SMALL, MINORITY, DISADVANTAGED AND WOMEN -OWNED BUSINESS ENTERPRISES (check appropriate item(s): Small Business Enterprise (SBE) Minority Business Enterprise (MBE) Disadvantaged Business Enterprise (DBE) Women -Owned Business Enterprise (WBE) Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman -owned business enterprise? No If yes, please provide details and documentation of the certification. PaWc7 7 BA Citizenserve Experience Online Solutions, LLC (DBA Citizenserve) has been in business selling and supporting Citizenserve for 17 years. Citizenserve is a cloud -based software -as -a -service (SaaS) solution for municipal community planning and development. Community planning and development software and services are the only software and services the company has ever provided. There is only one version of the software; the Citizenserve software has been developed organically and continually improved based on customer feedback for 17 years. We have never acquired another company or been acquired by another company; all company growth has been organic. Citizenserve is continually improving based upon customer feedback and requested enhancements. Requests for new features and functionality are tracked in the Support Center that is built into Citizenserve. In addition, we keep abreast of advancements in the industry, and are continually working on improving and advancing our solution. Research and development are ongoing and are reflected in the number of employees we have engaged in developing, testing, and implementing improvements to our offering. Our existing client base consists of towns, cities, villages, counties, and other municipalities with community development functions. We have over 300 of these public sector customers, some of whom have been using Citizenserve since the inception of the company. The majority of our customers have populations between 10,000 — 50,000. Each of these customers faced similar challenges to those facing the Town, and with Citizenserve have completed successful projects. The company has never had a customer dispute or litigation. Our unlimited support model extends our relationships with our customers, ensuring that when they have a question or issue, we are available to provide timely assistance and problem resolution. We have extensive experience with the following common project elements: Rapid implementations. While we occasionally have customers who do not have hard deadlines, most of our customers have constraints that require rapid implementations. Our implementation managers are all experienced and excel at meeting deadlines We will work with the Town to understand any required milestone dates and to schedule the work to accommodate deadlines whenever possible. Page 8 citizenserve - Integration to GIS. The vast majority of our customers require integration to a GIS to load layers and, for some customers, parcel data. Our integration team is skilled and experienced in implementing and testing GIS integrations. Integration to a Payment Gateway. We have already developed an integration to Authorize.Net; the Town can either elect to use the Authorize.Net payment processor or select another compatible payment processor. Daily Financial Batch File. A majority of our customers require a daily closeout/payment batch file that will be uploaded into their financial system. The Citizenserve team is experienced in developing closeout files that map to a municipality's GL codes and financial system data structure; Tyler Munis is a common financial system among customers. Data Migration. While the Town has indicated it does not want to migrate data from its existing legacy system to the new system, we have vast experience migrating data from a wide variety of legacy community development systems if the Town later decides migration makes sense. B.2 Citizenserve References We have included references for three customers of similar size to the Town who are using Citizenserve to fulfill similar permitting and planning functions as the Town. In addition, we have included a reference for an Arizona customer, Yavapai County. Reference 1: Spanish Fork, Utah 40 South Main Street Spanish Fork, UT 84660 Contact Name: Dave Anderson Contact Title: Community and Economic Development Director Contact Phone: 801-804-4582 Contact Email: danderson@spanishfork.org Citizenserve Modules: Permitting, Code Enforcement, Licensing, Online Portal, Additional Services: N/A Portal Chat Page 9 d iosenserve` - Reference 2: Lawndale, California 14717 Burin Avenue Lawndale, CA 90260 Contact Name: Michael Reyes Contact Title: Municipal Services Director Contact Phone: 310-973-3226 Contact Email: mreyes@lawndalecity.org Citizenserve Modules: Permitting, Code Additional Services: Systems Integration, Data Enforcement, Licensing, Online Portal, Migration/Conversion Portal Chat Reference 3: Marina, California 211 Hillcrest Avenue Marina, CA 93933 Contact Name: Brian McMinn Contact Title: Public Works Director Contact Phone: 831-884-1215 Contact Email: bmcminn@cityofmarina.org Citizenserve Modules: Permitting, Additional Services: Data Planning &Zoning, Code Enforcement, Migration/Conversion Online Portal Reference 4: Yavapai County 10 S. 6t" Street Prescott, AZ 86326 Contact Name: Jeremy Dye Contact Title: Assistant Director, Yavapai County Development Services Contact Phone: 928-639-8151 Contact Email: jeremy.dye@yavapai.us Citizenserve Modules: Permitting, Additional Services: Systems Integration and Planning & Zoning, Code Enforcement, Data Migration/Conversion Licensing, Online Portal, Portal Chat Page 10 citba�en C.1 Citizenserve Project Approach C.1.1 Citizenserve Contract Management Approach Citizenserve projects are true partnerships between the Citizenserve and customer team members. We use an agile process and do not restrict scope; the only firm scope on the project is related to the data migrations and system integrations. We will continue to work on the permits, configurations, workflows, reports, forms, letters, etc. until the Town decides they are comfortable going live; we will never try to force the Town to go live before they are ready. With traditional IT projects, scope management is the most stressful aspect of the project for both the vendor and the customer. Traditional waterfall methodologies often fail because it is challenging to identify every requirement at the beginning of a project, and the vendor often turns to change orders to pay for missed or misunderstood requirements. Citizenserve continues our weekly walkthrough meetings and work on the configuration of the customer's setup until the customer is comfortable and ready to go live. We will engage in as many rounds of testing as the individual customer requires to have confidence in going live. With Citizenserve the hardware and software implementations are already complete, and the software has been developed with continual input and best practices from hundreds of customers. Rather than starting from scratch with a vendor who will have to engage in a full- scale development effort, you will be focusing on the configuration that most closely matches your processes, workflows, forms, etc. It literally takes minutes to set up your installation and create departments and users. We can immediately begin setting up permit applications, fees, workflows, system outputs, and other system configurations. Our flexible configuration options mean that delivering your requirements is a matter of setting up the system configurations rather than developing and testing code. Because we are an internet-based software and service company we cut out most of the risks of the traditional software model and can therefore offer unlimited support for our customers. This means there really isn't a scope over which to haggle because new requirements are included in the subscription. This is one of the reasons Citizenserve has never had a failed implementation. We do not and have never used subcontractors. All of our team members are employees who have received extensive training on the Citizenserve software and our methodology; the average tenure of a Citizenserve employee is over 7 years. Citizenserve uses resource Page 11 citioenserve - forecasting to determine when our resource capacity may be exceeded due to the addition of new customers, and we hire new team members before the forecasted need to ensure that we have the capacity to meet our schedule commitments. We recently hired two new implementation team members in anticipation of upcoming project needs. The Citizenserve staff members who are assigned to the Town's implementation will remain with the Town's project through go live and will be available for support once the Town transitions to full production mode. Citizenserve has never pulled a team member from a project before the team member's scope of work was completed, and has not experienced an emergency that would result in the removal of a team member for an extended period of time or an unscheduled reduction in the team member's availability for the project. Occasionally, unforeseen emergencies arise, such as an implementation manager who recently suffered a house fire the week his new baby came home from the hospital. While the implementation manager was off work for a week finding housing and navigating insurance and repair contractors, the project manager and another implementation manager stepped in to continue the weekly walkthroughs and configuration edits on his project, with no schedule delay. Citizenserve implementation staff are all highly trained and capable of providing backup when emergencies arise. We will assign an Account Manager to the Town's project who will be available for any needs that arise. C.1.2 Citizenserve Implementation Approach It is important to understand we are not designing, developing or implementing a system. The system is already designed, developed, implemented, and serving thousands of community development professionals, citizens, contractors, and businesses for hundreds of municipalities. In other words, with a cloud or SaaS solution the Town is renting a building rather than constructing a building and will be moving into a software solution that is already in place. C.1.2.1 Implementation Steps Our implementation approach involves the following steps. Completion of the Setup Checklist: The Citizenserve account manager will provide a Setup Checklist of supporting documentation that will be required to begin the setup. The supporting documentation typically includes items like copies of permit applications, fee structures, notices and forms, etc. The Town's team will work to gather all of the documentation and information included in the Setup Checklist. Gathering all of the documentation on the setup document prior to project kickoff ensures the most efficient implementation. Project Kickoff: The project kickoff meeting includes the key Town and Citizenserve team members. The Citizenserve project manager will work with the Town's project manager to develop the agenda for the kickoff meeting and any supporting materials such as a PowerPoint Page 12 citba�en presentation. Key components of the project will be discussed including roles, responsibilities, timeline, and objectives. The Citizenserve project manager will provide a report summarizing the meeting and assigning action items. Initial Setup: The Citizenserve implementation manager will work from the information on the Setup Checklist to configure the system; typically, the initial setup comprises 50% of the entire setup. System Walkthroughs: Once the initial setup is complete a weekly meeting will be scheduled with the Town team members and the implementation manager. During the walkthrough meetings, the team will review each area of the system and make a list of changes or additions. The walkthroughs are an iterative process that allows the client to clarify or improve upon existing processes and configure Citizenserve to support those processes. Data Migration: The Town has specified that they do not require data migration; we have included the following information in case the Town decides at a later time to include migration. We perform data migration by module/function. Once the setup for a module/function is nearly complete, the Citizenserve team begins developing programs to convert and import the related client data; this process cannot take place until all custom fields for the module/function that are related to a legacy system have been identified and configured in Citizenserve. The Town team members have the opportunity to review the converted data; changes will be made to the conversion script as needed. The data conversion import can be modified and run as many times as needed to ensure the accuracy of imported data. Configuration of the integrations. The requirements for the configuration of the integrations will be gathered during the weekly walkthroughs. The Citizenserve system architect will develop the scripts for the integration points on the Citizenserve side (development of code to export data from or accept data into Citizenserve); if an API is not available, the Town's technical resources will be responsible for developing the code to export data to Citizenserve or accept data from Citizenserve. The Town's team will test the data exchanged between Citizenserve and the external systems and will provide feedback on needed changes. Training: Prior to go live, staff members will be trained in small groups. Each training session will focus on that group's core job responsibilities. Most users attend one or two training sessions that last up to four hours; additional one -on- one training sessions can be scheduled for users who would benefit from additional training. We can record any or all of the training sessions and make the training videos available online. Go Live: Final data is typically provided on a Friday afternoon. Over the weekend all test data is removed from the system and the data is imported. The weekly walkthrough meetings typically continue for 2-4 weeks after go live to identify any issues or changes that could be beneficial; the Town decides when they are comfortable with the system and no longer require the weekly walkthrough meetings. Page 13 dti:en Ongoing Support: Users can request support for any needs or questions through the Citizenserve support center. Response time to a support request is within 4 hours; urgent requests receive a response within an hour. Our support staff members are available to help you utilize existing and new features, develop custom reports, and modify your setup for process changes as needed. C.1.2.2 Integration Approach We have vast experience creating custom integrations for a wide variety of integration points. Our experience includes developing custom web services for integration with external systems, creating daily closeout export files for upload into financial systems, integrating with GIS systems to pull address and GIS information, exporting calendar invites to Microsoft Outlook, sending emails from the system, creating payment gateways to accept customer credit card payments online, and many more integration points with external systems. Typical integrations are accomplished via web services. The Citizenserve system architect will develop the scripts for each integration point to send data to target systems and receive data from providing systems, including any data conversions required. The Town's team will test the data exchanged between Citizenserve and the external systems and will provide feedback on needed changes. Payment Gateway. We have already developed an integration to the Authorize.Net gateway; the Town can either elect to use the Authorize. Net payment processor or select another compatible payment processor. Maricopa County Assessor's Database. Integrating to a county assessor's database to import parcel data for a municipality into Citizenserve is a common integration. We will work with the Town to identify the required data and frequency of imports, depending upon how often the Town wishes to update parcel data. GIS. The Town has indicated that they use EMSFieldMap for their GIS. Our research of this tool did not identify any published APIs for data integration. If it is not possible to use EMSFieldMap to provide the Town's layers, we will work with the Town to identify an alternate solution. The Town has also requested integration with GIS mapping to provide active and approved cases. Citizenserve can create any number of JSON Reports that can be consumed by your GIS; the design and development of these reports is included in the implementation. Munis. During implementation we will match fees to the Town's GL codes. We can develop the end -of -day payment report according to the Town's specifications; typically these reports are run for a set time span (e.g., midnight to 11:59 PM) and payments and refunds are summed by GL code, but we will develop the code to meet the Town's requirements. We will send the daily payment file to a secure FTP site that Citizenserve provides; the Town will then load the batch file into Munis via API or custom code Page 14 citba�en C.1.2.3 Migration/Conversion Approach While the Town has specified they do not require data migration/conversion as part of the project, we are including a description of our approach in case the decision is made later to migrate the Town's historical permit data. For the past 17 years we have worked exclusively in community development and have extensive experience working with community development data such as permitting and planning data. We have experience with legacy systems and the architecture of systems development and databases extending back to the late 1980s. Our approach is to first complete the setup of your permit applications and associated fees in Citizenserve. We ask customers to provide the databases that are to be converted in an unmodified state; we then map the data from the legacy system to the Citizenserve setup. Once this step is complete, we write a conversion script and run a test conversion. We do walkthroughs with key users to make sure files are getting set up properly. All converted records are marked so that we can delete the conversion and rerun it. We typically run the conversion by department/function. A data conversion environment is available for test runs of the data conversions, where we load the customer's Citizenserve configuration and setup. We can run the conversion scripts as many times as necessary to identify and resolve any scripting errors. C.1.2.4 Training Approach Web -based training led by the project's implementation manager is included as part of the implementation costs, and Citizenserve's unlimited support includes unlimited web -based training. The Town can save staff time by relying on Citizenserve to provide needed training during and after the implementation. The key users who engage in the weekly walkthroughs will be fully trained by the time of go live after having spent time each week reviewing the screens, workflows, fee structures, templates, etc. and practicing before the next meeting. Staff members are trained prior to go live. Our traditional approach to training is to conduct training via web conferencing in small groups, and the vast majority of our customers employ this method of training. With web conferencing we can transfer screen control to the users so they obtain experience using the system during training. Any of the web conferences used for training can be recorded and edited for later viewing. Each training session will focus on that group's core job responsibilities. We provide comprehensive training on the full functionality of the system; for each group we will provide training on the functionality the Town decides is needed, in as much detail as required. Most users attend one or two 4-hour training sessions; additional one-on-one training sessions can be scheduled for users who would benefit from additional training. Page 15 dti:en We will create a training environment that contains your configuration and data; your users, system administrators, and technical staff will therefore be training using an environment with which they are familiar. This training environment will be available in the pre go -live training sessions and can be made available for additional post go -live training, as necessary. We provide end user training and, when needed, can train your technical staff who will be configuring the system. The configuration of Citizenserve is mostly performed using HTML and SQL scripting. These skills are helpful for any technical users who will be configuring the system, and we can provide technical training to your staff through our unlimited support. Administrative support is included in the subscription, and we can either provide training to administrators or provide direct administrative support throughout the life of the subscription as required or desired. We have customers who are using both means of support to achieve successful administration of Citizenserve; most customers opt to save staff time and expense by using Citizenserve for system administration. As a cloud -based solution, Citizenserve staff perform all administration related to system operation, management, and monitoring. The application servers and database are monitored continuously with alerting to ensure the continued optimal performance of the system. Unlimited user, system administrator (as needed), and technical (as needed) training is available as part of Citizenserve's unlimited support. We can also create introductory, on - demand videos for staff to review before their initial training. Here are a few examples of training videos from a recent Citizenserve project: Getting Started: https://www.citizenserve.com/training-videos/getting-started-how-to-training-video/ Create New Permit Project: https://www.citizenserve.com/training-videos/permitting-how-to-training-video/ Create New Code Enforcement Case: https://www.citizenserve.com/training-videos/code-enforcement-how-to-training-video/ Business License Renewal Overview: https://www.citizenserve.com/training-videos/business-license-renewal-notice-how-to-traini video/ Schedule and Complete License Inspection: https://www.citizenserve.com/training-videos/license-inspections-how-to-training-video/ Reporting: https://www.citizenserve.com/training-videos/reporting-how-to-training-video/ Page 16 • Maintenance C.1.2.5 Maintenance and Administration We release new features and any fixes twice a month; all are included in the Citizenserve subscription. Our model is not the typical "big bang" version upgrade that combines long lists of enhancement requests that have been gathered over months or years. Citizenserve is continually improving based upon customer feedback and requested enhancements. There is only one version of the software that all customers use; no one gets left behind in an old, unsupported version. Updates and enhancements to the software are provided twice monthly and are included in all subscriptions. We have 17 years of experience managing the twice monthly software updates. We test changes in a full test environment; customers who are involved in the changes can also access the test environment. When a new version is ready we move it to production; the process happens at night and only takes an application server restart, which requires less than 5 minutes total. The prior version of the software is always available if there is a critical issue with the new version and the decision is made to roll back. Requests for new features and functionality are tracked in the Support Center that is built into Citizenserve. Users can subscribe to the updates and get a list of all the changes and fixes in the most recent version before it is released. With new major features and major upgrades, the customers who requested these features are in the vanguard of testing the feature in the test environment and in moving to the feature or upgrade, providing us with great feedback early on so we can refine the features and fix issues without affecting other customers, all while still on one software code base. A test version with a full database copy is set up to test new versions. Once a version is tested it is moved to production. If an unexpected problem occurs with the new version, a roll back to the previous version is possible in minutes. Full database backups are performed when each new version is released and the full backup is restored so it is online for any necessary real-time troubleshooting. New major features are oftentimes done with a configuration option. For example, if we update a component like the HTML editor with a better version, we will convert customers one -by -one to make sure that existing letter and email templates are not affected. This is as simple as changing a flag in the database, but allows switching back and forth while any issues are resolved. Major upgrades are usually accomplished by setting up a new application server and migrating customers over time. An example of a major upgrade is moving to a new version of Java. When new patches are released for server operating systems we start by patching all non - production servers to ensure there are no issues, then patch production environments last. The Page 17 cl I.i.�" en exception to this approach is when known issues are imminent threats, like the famous WannaCry ransomware threat. In this case everything gets patched immediately. Since we maintain one high availability, multi -tenant environment rather than hosted instances for each customer, the patching process is greatly simplified. Citizenserve System Administration Citizenserve staff perform all system administration and monitoring. The application servers and database are monitored continuously with alerting to ensure the continued optimal performance of the system. For example, the processor utilization, pages, memory utilization, and replication are all monitored. Expensive queries are easily identified and can be optimized on a continual basis. We have firewalls with intrusion detection enabled; the firewall is monitored continuously with alerting. Features and protection types include: • Stateful packet filtering — rule -based port and device access to resources. • GeoIP — Allows traffic filtering based on geographic location. • Gateway Anti -Virus — Enforces virus scanning on all incoming data for HTTP, FTP, and SMTP. • Intrusion Prevention — Protects against agent and script -based attacks. • Anti- Spyware - Protects against specific trojan and adware-based attacks. • Botnet filtering - Blocks connections to/from Botnet Command and Control Servers. • Real time alerting — Monitors and alarms at critical conditions. • Syslog and analysis — Provides long-term log recording and traffic analysis. Citizenserve Support can also provide system administration tasks such as adding new users, configuring user roles, changing workflows, etc. Most customers choose to use Citizenserve's unlimited support for system administration tasks, thus saving staff time. C.1.2.6 Customer Service and Unlimited Support We offer unlimited support for Citizenserve. Citizenserve's support is truly unlimited, comprehensive, and unique. The support extends to addressing any issues, setting up new processes, improving existing processes, adding new permits, setting up new workflows, developing custom reports, system administration, training, and configuring new features. Your users, administrators, and technical staff will never be assessed an additional charge for support. For our customers, knowing that we are available to resolve issues and meet new requirements as part of our unlimited support removes the stress of the project implementation, while having a trusted partner who provides unlimited support for the software provides for a smooth transition to operations mode. Page 18 Citizenserve Help Desk Processes We have a toll -free support line that users can call for end user, administrator, and technical support. The software has a built-in Support Center for the submission of support and enhancement requests and we encourage users to use this feature to submit requests. JJ Submit a New Reques: Request: Description: Priority: I Standard Your Phone: I 959-456.1234 Your Email: I llyter@cityofgreenfieid.or4 Add Attachment ubmil Support Center Request Submission Form As a Software -as -a -Service company, we remotely service customers who are geographically distributed. We use web conferencing, conference calls, and email to provide support. Using web conferencing for support allows us to provide higher quality resources in a more timely fashion while providing consistency in the people with whom your staff will be working. We can also view the user's screen; the user can walk us through the issue he or she is experiencing, and this visibility supports rapid troubleshooting. The employees who staff the support desk are the same resources that work on project implementation; each of our implementation staff is assigned to a full day of support once a week. This structure means that when you contact support, you will be working with someone who is extremely familiar with all aspects of the system. If a question arises that involves the Town's specific setup, the implementation manager who is assigned to the Town's project will be assigned to the support ticket, and the system architect assigned as needed. Citizenserve Service Level Agreement Support requests can be marked as standard or urgent. For standard requests, our service level agreements are as follows: Page 19 citioenserve - • For standard requests submitted between the hours of 5:00 a.m. Pacific time through 6:00 p.m. Pacific time Monday — Friday (non -holidays), we will respond on the same business day within four hours. • For standard requests submitted outside of these hours, we will respond on thenext business day prior to 9:00 a.m. Pacific time. For urgent system requests, defined as the system being down/inaccessible or a security concern, Citizenserve staff are available 24/7 and will respond within one hour; our average response time is 15 minutes. We realize that sometimes support is needed when a customer is waiting at the permit counter, so urgent requests are immediately addressed by the support team. Hours of Support Support requests can be marked as standard or urgent. • For standard requests, support staff are available from 5:00 a.m. Pacific time through 6:00 p.m. Pacific time during non -holiday business days (Monday —Friday). • For urgent system requests, defined as the system being down/inaccessible or a security concern, Citizenserve staff are available 24/7 All support staff are seasoned Citizenserve employees. Customer Feedback on Citizenserve's Support Citizenserve has provided remote support for implementations, training, and customer support for 17 years, and have found this model to be extremely effective in providing superior and timely service. Some recent customer feedback we have received on our support includes: "Citizenserve has proven to be one of the most responsive software vendors I have ever worked with. Building permitting is immensely complicated, as are health citations. Citizenserve has proven to be an excellent partner in building complex, multi -faceted and integrated solutions to meet the city's needs in these areas. We have submitted literally hundreds of requests for enhancements, improvements, changes since launch, and they responded quickly to every one of them." City of Revere, Massachusetts "Since the project their support team has continued to deliver quickly on all of the requests we've made, including building a whole new permit in a day when the Mayor identified an online outdoor seating permit as a priority for re -opening during the pandemic." City of Urbana, Illinois. "We have been using Citizenserve for approx. 2+ years and considering we had a previous software program and now moving into Citizenserve we are thrilled. Everything they promised to do was done. Everything they say about the support response time and Page 20 citizenserve - help is TRUE usually done immediately. I have no problem giving them an Excellent rating." — Town of Norfolk, Massachusetts C.2 Citizenserve Integrated Solution Citizenserve is a Software -as -a -Service (SaaS), cloud -hosted solution that fully meets the Town's scope of work. As a SaaS solution, our customers have no hardware or software to install and maintain. Citizenserve is a comprehensive community development solution that has been developed and improved organically over 17 years; all modules are integrated and included in the subscription. The integrated nature of Citizenserve means that you will not have to re-enter the same information in multiple modules; all of Citizenserve's modules use the same database and data. The two modules we are proposing for the Town are the Permitting and Planning & Zoning modules. We have also included information on Citizenserve's Licensing and Code Enforcement modules; these modules are included in the Citizenserve annual subscription if the Town elects to implement them at a later time. C.2.1 Permitting Citizenserve permitting software accommodates multiple types of permits, including all of the permits listed by the Town in the RFP and any future permits the Town adds. Any permit can be easily added and workflows built that include both administrative and public review workflows. You can add an unlimited number ofpermit types in Citizenserve. Permits, inspections, and associated workflows can be designated by department/function. Permits are automatically associated with the property and address. Your contractors, business owners, and property owners can apply for a permit, upload digital plans, pay application fees, and check on the status of applications online through the Citizenserve online portal. Staff can also enter permit applications and upload digital plans at the counter or in response to emailed applications; because Citizenserve is accessed from a browser, staff can access the full functionality while working at any location. An unlimited number of permit documents can be created, including applications, permits, certificates of occupancy, placards, etc. Each permit document can have mandatory or warning conditions based on issues with the file. Custom rules will ensure that permits are not issued without the required approvals. The Town can specify the statuses associated with milestones in each workflow, including Received, Accepted, In Process, Returned for Correction, Approved, Denied, Public Hearing Scheduled, etc. Citizenserve can accommodate complex fee structures, and all fee schedules can be end dated to ensure that the correct fees are applied. Citizenserve will develop the fee structures for each Page 21 dti:en of the Town's permits and other applications during implementation; maintenance of the fee structures is included in Citizenserve's unlimited support. Inspections can be requested through the online portal, and inspectors can enter inspection results directly from the field using a tablet, laptop, or other mobile device. After the final inspection has been completed, you can easily generate approval documents that can be printed, emailed, or downloaded by the applicant, contractor, property or business owner. Citizenserve enables inspectors to track their time spent on inspections. Workflows can be easily configured and changed in Citizenserve, and users can quickly identify the status of each of the steps in the workflows for permits. Workflows can be configured to determine the appropriate route based on a variety of criteria such as permit type, property details, and specific fields in the application. Permit reviews are activities in a workflow and can be configured to dynamically route a permit application to different departments based on the information entered during the review. Citizenserve's role -based security enables you to decide who can view permit information and feedback. Citizenserve maintains a complete, timestamped history of all actions taken on a permit. The below example shows the Review steps that have been configured in a workflow for a building permit. The application has completed the Application Intake and Application Review steps and has completed the Required Inspections, and is awaiting Application Review by the Fire, Planning & Zoning, and Building Departments before the Review is complete. Page 22 citba�en ffi Permit Project File #: 20-000015 ••• 941 BAKERSFIELD Street BUENA VISTA CA 9344E New Home Construction - 312 Hempfiald Township Review- Rd- Name :II Peistatus , start camplete Building Permit Review 320.000005 J—Review 01212020 New Home consVucOen - 32 HempfiaIr Township ActWity Type :I. Department Assigned Ta : Stable : Due Application Imalre Buiii ing Mmgan Ka, Appi Wt candid— 01n412020 Appllcetion Review Building Liam Jameson Approved 0IM12020 Required Inspec0orys Building Liam Jameson Complete 0113DI2020 Appllr dReview Engineering Stacy Gril Pending 01f3012020 Application Review Fire Reanna Tnanpson Pending O}MIDI2020 Appllpatlon Re— Planning & Zoning Ryan James Penang 02MIM20 Review Complete Building Morgan Kati Pending Building Permit Route Display a09rli6e= III tow h.— Complete 01/2312020 OW020 01/2312020 q LqJ lq1 L"J Customers who submit permit applications can check on the status through Citizenserve's online portal. The below screen shot shows the View Permit screen from the online portal; the customer who is logged in has previously submitted an application for a building permit and has now accessed the Reviews tab to see the status of the reviews for the permit. Page 23 Citioen rve Q VIEW PERMIT currna t Services 1 Ferinl[s i Vkew Per—1 8 Make a payment Your permit is not issued until an issue date is displayed below. 10-1 Request an inspection Permit #: 5 19-009 107 Project #: 19-000315 Upload documents Status: Online Application Received Balance Due: S1.997.94 Leave message Address:941 BAKERSFIELDStfeet V Description: test Permit Reviews Documents Inspections Application Review Planning & 01f09120 Pending Zcning Application Review Building 01/09/20 Pending Required Inspections Bull ding 01/09/20 Pending Application Review Engineering 01109/20 Pending Application Review Fire O1f09120 Pending Review Complete Building Fending Applicatdn Intake Building 12f03119 1210912019 Complete View Permit Screen from the Online Portal (Reviews Tab) You can view demos of Citizenserve's permit solution at: https://www.citizenserve.com/portfolio/#category_id 17 Page 24 citioenserve C.2.2 Planning & Zoning Citizenserve planning and zoning software completely automates the process of application, review, routing, resubmittals, and public notification. Applicants can submit applications, attach plan documents, pay application fees, and view the status of their applications through the online portal. Applicants can submit zoning and zoning variance applications. Applications are automatically routed to the appropriate reviewers based on your workflow routes. Plan reviewers have access to searchable electronic reference materials including building code handbooks, GIS layers, and property history. You can track due dates for public notices and legal advertisements based on the hearing dates you select. Citizenserve's user friendly calendars enable staff and supervisors to view individual or consolidated schedules to enable decision making and task prioritization and scheduling. Property data is handled the same for all Citizenserve modules. Alerts can be set on parcels; for example, an alert can be set to prompt for administrative approval when an address cannot be verified. Documents can also be attached to parcels, applicants, and projects. You can view demos of Citizenserve's planning and zoning solution at: https://www.citizenserve.com/portfolio/#category id 35 C.2.3 Plan Reviews You can create customized workflows that mimic your plan review processes and digitally and visually track plan review statuses and comments. The plan review function is highly flexible and accommodates any plan reviews and associated workflows. We will develop the applications and letter and email templates to match the Town's current forms, including Town logos and graphics. Workflow status can be tracked internally by Town staff, while customers, business owners, and contractors can check on the status of an application on the portal. Each application type can have a specific review route or workflow route, and each workflow route can contain different activity types and assignments; activities can be assigned to occur linearly or in parallel. An unlimited number of activity types can be created in Citizenserve. Each activity can have a specific form or custom fields and template outputs. A review activity can be completed and a template email or letter sent to the contractor, business owner, or other stakeholders. You can view a demo of Citizenserve's workflow routing at: https://www.citizenserve.com/portfolio-view/workflow-routing/ Page 25 ` c�t»enserve Citizenserve has robust and flexible Electronic Plan Review tools to enable professional, engineering -level reviews. Our review tools can be used for any plan review and any document type, including PDFs of building plans, PDF fillable applications, drawings, photos, etc. The Electronic Plan Review tools include functions to measure areas and linear distances and accurately scale drawings. The Electronic Plan Review tool supports electronic plan comments for each reviewer by adding notes, standard comments, highlights, measurements, and other annotations. During implementation we will work with the Town to build Common Comment Books for each type of plan review; a plan reviewer can therefore simply select the comments that are relevant for the current review. G' b _ + C1 Q x - — El i P_-WM a 14 e , m 4 00 NOT USE SITE PLAN FRAME AS PROPERTY LINES! 0 N ° ° 200, well o djCq 0 ° 50' Pr ''o^��osed 39 the Reserve Urainfield Area m 280' 45M " 40' Existing Garage IQ >I I �IAddress i IlStake Measure Areas and Linear Distances with Citizenserve's Review Tools T 35, Existing' House 260 Ross Rd ur Page 26 !eitioenserve 19eYtl Fin • S.—AY WjKroa mereVWtlOb Oe �naueeC on twdElnq. Shay be bcNen no nlgnn flan 6feel Rom me Olouw LouxbnfMpEe delemwnea by me Flro Pfe�ennon dvlwn m,Ivp ens NM Orbrbm, mep be aouMlea tram lM Flre Malefrl fof paper MeY mSeq AL —wq mel se B.WD "— Len n Iefpu ehau he- a me —. eye 0.. a me apm WY- Imu . ANehvd,., ?M feel of—P—Fp hW Wj If w--a.—I—eno—auppeevme --be Ana — Il me—w hea a".1—m ntheh eupq —'Y.— anee M caemctee to the ete ekrm. Create Custom Lists of Electronic Plan Comments for Each Department jC—Le N"S,emp Ap: RECEIVED RE�E�vEo FINAL SITE 1A—..e— kfI — am.— GORDON STR Add 1119e 340 GC RECEIVED n t, SANFORC rIIL Onlhlno , —1—ThlcLnece SPe c t 5 H'M com sue xo as c s�mvEyon L wn UTILIx� COInPnNIES I eelq wenw a+� Create and Share Custom Stamps snore mIs camp wnn LEGAL OESMIPTIOIN Sf, Page 27 cidoenserve C.2.4 Inspections Citizenserve supports the creation of an unlimited number of inspection types. Each inspection type can have a specific form or custom fields and template outputs such as an inspection report. Templates can be created as reports, letters, emails, or any other combination of text and graphics. Forms and documents can be changed, and configuration changes made, on the fly with no system downtime. Citizenserve is device and browser independent, which means your inspectors can access the full functionality of Citizenserve from the field from any tablet, laptop, or other mobile device. For example, an inspector can receive an inspection request while in the field, complete the inspection while on the site, fill out the inspection form, and generate an inspection report for mailing or emailing to a citizen, business owner, or contractor. Inspectors can look up property ownership information, add violations, take and attach photos, mark up images using the Electronic Plan Review tool, generate tickets or notices of violation, and schedule re -inspections in the field from a laptop, iPad, or other mobile device. Citizenserve enables your inspectors to write tickets for violations from the field using any mobile device, provide a signature, and print tickets from the field using a Bluetooth printer. Pictures can be added directly from device cameras. Your inspectors can schedule follow-up activities, or Citizenserve can be configured with automatic follow-up activities based on the types of violations. Your inspectors can also track time spent on individual inspections in Citizenserve. Your inspectors can select from multiple code sections, including building, environmental, health, property maintenance, and fire codes. As part of Citizenserve's unlimited support, we will ensure that your codes are kept current. Citizenserve also enables violations and tickets to be easily displayed on maps or other management reports; parcel data can be retrieved by clicking on the map layer. Inspectors using iPads and other devices that support speech -to -text can also add inspection comments using speech -to -text, saving valuable time and enabling the entry of comments while the information is fresh. Citizenserve has a built-in device and browser independent calendar feature that allows inspections and tasks to be easily assigned and managed. When tasks or inspections are assigned to a user there is an option to have an email reminder sent. The email can contain an ICS file that adds an appointment to the inspector's Outlook or Google calendar. Your constituents can also schedule inspections through the online portal. Citizenserve provides the ability to view the locations of your inspections due. If GIS integration is requested, we will assist you in loading your GIS layers such as zoning districts and parcel lines to enable you to view or look up inspections due on a map. C.2.5 Online Portal The portal is fully integrated into all of the Citizenserve modules, which means information and data entered into an application, documents uploaded as part of an application, and requests for Page 28 dt»enserve inspections are immediately available in the associated Citizenserve modules. The configurable and customizable online portal allows citizens, contractors, workers, and businesses to participate electronically in the processes of permitting, planning and zoning, inspections, complaints and service requests, licensing, and code enforcement. Because the same portal is used for all functions, the user is provided with a consistent experience. The portal has been built into the solution from the beginning, meaning users are provided with a cohesive and optimized interface. All portal pages use responsive design, which means the forms morph into the available form factor, automatically resizing to fit the user's device. The portal can be configured as a link off of the Town's website. Functionality that is available from the portal includes: • With Citizenserve permitting software your business owners, contractors, architects, engineers, and property owners can apply for a permit, upload digital plans, schedule an inspection, pay application fees, and check on the status of an application online. The permit application can be configured with mandatory fields; the portal can also be configured to provide information on the requirements when applying for each type of permit. • Planning and zoning applicants can submit applications, attach plan documents, schedule an inspection, check on the status of an application, and pay application fees through the online portal. • Citizens can report possible code violations and check on the status through the online portal. You can communicate with your citizens effectively and efficiently by using Citizenserve's automatic notifications, automated letters, and email templates. NOTE: this information is provided for informational purposes, as the Town did not request code enforcement. • The Citizenserve online portal enables businesses, contractors, workers, and others seeking licenses to submit applications, schedule required inspections, upload copies of required documents, pay application fees, check on the status of an application, and download approved License Certificates and ID cards through the portal. Businesses, contractors and workers seeking to renew licenses can do so through the portal. NOTE: this information is provided for informational purposes, as the Town did not request licensing. • Citizens can submit complaints and service requests online, then track the status of their complaint or request. Automatic notifications, letters, and email templates can be configured to reduce the communication burden on Town staff. NOTE: this information is provided for informational purposes, as the Town did not request complaint and service request tracking. The image below shows one configuration of the portal for the fictitious Town of Buena Vista. Visitors can learn about and apply for building permits, development projects, and licenses and can submit code complaints or requests for services. For the Town, we would configure the Page 29 ` c�t»enserve portal to enable permit and planning applications, including Planning, Building Safety, and Engineering. / 3ueno Usto Home Services Search Reports MyAccourt Contact WELCOME TO OUR ONLINE PORTAL Thank you for vising our wehsite where you can access all of online services from your home, office, or mobile device. Thank you for visiting our websde, through this portal you have access to all of our online services for permitting, planning and zoning, licensing, code enforcement and general requests. We value your input, if you have any comments or suggestions please email us at 555-111-1234. Online Services You Need LICENSING Starting a business? Learn when you need a license, submittal requirements, apply online, pay license fees, and view the status of your license application all from your home, office or mobile device. APPLY FOR A LICENSE LEARN MOREABOUT t10EN51NG— SEARCH FORA LICENSE — PERMITTING Remodeling or adding on to you home? Learn when you need a perms, submittal requirements, �• apply online, view review status, pay perrnif fees and schedule inspections all from your home, office or me ile device. APPLY FOR A PERMIT SEARCH FORA PERMIT — LEARN MOREABOUT PERMITTING LOOKUP PROPERTY INFORMATION — Complaints and Requests Have you seen blight, mods, illegal paring or other code eMarcem ant violalions in your neighborhood? If sa submit an online complaint, and it will be automatically routed to the appropriate department for investigation. SUBMIT A COMPLAINT — DEVELOPMENT PROJECTS Have a request? Subh ii a request and it will be routed to the Starting a new construction project? Lea when you need to go through planning and zoning for appropriate department in the city development applir firms, what documentation you'll need, apply online, view review status, pay SUBMIT A REQUEST fees and view zoning board status all from your home, office or mobile device. LEARN MORE ABOUT DEVELOPMENT PROJECT5� Sample configuration of the Citizenserve Portal One critical feature in Citizenserve is the ability to set User Notifications and Assignments for each permit and case type so staff and departments are notified when citizens, business owners, contractors, or workers take action on the portal. For example, if a staff member requests a revised plan document, the notification matrix will let the staff member know when the document is uploaded. Without notices of actions taken on the portal, the staff would have to keep checking the file for the uploaded document or worse — forget to check, resulting in a call from the business owner wondering why his or her permit has not been issued. Page 30 ` cit»enserw f® — ❑ x Ponal Admin Details x <- C 0 6 Secure hops llwwQxi izense ve.com�AdminiPormlAdminControI WAction=view Portal DeraiI3,IkOpenF0- HeFtis1-0. t. Yi E 0 ■ 0 User Notifications and Assignments: Permitting Options Cteete Activ IHes Type On New On Modlly Cn Payment Cn Inspection Req—t On Leave Massage On Document Upload Bukling Petmlt Do Not Notlfy Morgan Kati Morgan Katz Add to 1lnasstgned A� . Add to Unassigned Am v Add to lJnasslgned Actl . Llecluul Psffnlr Do Not Notify • Do Not NIDM • Do Ndt NO" v Add to VnassignN At . Add to Unassigned A6 • Ado to llnessign:d Asti h7echanlcal Petmit DD Not Notify • Do Not Natiry . ❑o Not Nobly r Add to Unassigned M r Add to Unassigned to • Add to Unasslgned Acti + Pl—htng Pnmlt Do Not Notify • Do Not Notlfy . ❑o Not W4 • Add to Unassigned An . Add to Unassigned k . Add to Unassigned Acti . testing & trsting Do No! [vody r Do Not Notify r Do No[ Nary v Add to Un89910ned A� v Add to Unassigned Ax v Add to Unassigned Ace v Pool Permll Do Not Notlfy • Do Not NON r ❑o Not NOUN ■ i Add to Uhmaigned Px ■ Add to Unasslowd At r Add to Unassigned A9 r send Elnall Type On Haw On Modify On Payntenl On Inspecton Request On Leave Nlessagu On Document Upland Bultding Pe"It Do Nol NDNy r Do Nnt Ndn r Do Not Nntny • Spedtic Emalllsl • Do Nol Notify + Dn Not Notify Eleclnnl 17e11111! DD Not Matt v Do Mal Nobry ■ ❑o Not Nobly ■ On Not Notlfy ■ DD Nol Notfy ■ Do Not NWfy r %Whanlcal In mll DD NDI ND* r Do NDt Notify r Do Not Notify r DD Not Notlfy ■ Do Nol Notify r DD Nof Notify r Plumhing Penh Do Not Madly v Do Not NM r Do Not Nobly ■ Do Not Natty ■ DD Nol Notify ■ Do Nat Nobly r Icsltng 8 testing Do Net Notlfy r Do Not Notify r Do Not Nobly + DD Not NDttTy v DD Nol Notlfy r Do Not Wly r Pool Pcnnll Do NW Notlfy ■ Do Not NvHfy r Do Not Noidy r Do Not Notify ■ Dfl No Notlfy ■ Do Nol Notify r Save 1L i�ih!! [:Eltrf44 G4nllgbJeuvn Sample Citizenserve User Notifications and Assignments Configuration Screen (Permitting) Customers who submit permit and planning applications have access to the status of the permit reviews and inspections through the online portal. Below is a screenshot that shows a partial view (due to space constraints) of the View Permit screen that is accessible by a customer from the portal; the tabs for Permit, Review, Documents, and Inspections show the status information that is available to the applicant. Page 31 Ci ioenServe Cb VIEW PERMIT rlam� r S—i— f 1 e--t, r view t'-01 Your permit is not issued 4ntil an issue dale 15 displayed hetoW. 8 Make a payment Request an inspection Permits- 879-000120 Project At: 19-oWn2 �] Vploaddocuments Status: Online AppPo0on Received Balance Due: $1,077.74 Leave message Address: 941 BAKERSFIELD Street Q Deno rlption: New Single Family - Mt_ Prospect Permit Reviews Documents Inspections Permit 0: B90.000120 Permit Type: Building Permit Sub Types New Construction Issue Date: Expiration Date'. 1if PROJECT INFORMATION Answer the following questions about your building pra}ect W01 you install a swimming No pool of Bps? Number of structures to he 1 built or modified: 1 st Structure Occupancy Type- R-3 Residential, one- and two-family Constructor Type: IIIA Square Feet 2500 Estimated Construction 250000.00 Cost - Total Square Feet 2500 Total Construction Cost- 250000.00 i CONTACTS All contractors must he licensed hY the state click here to lookup a contraolor license on the state website Contractor. MJs Construction Crew - BL19-000015 Subcontractor: Acme Construction - Architect Online Portal View Permit Screen You can view demos of Citizenserve's online portal at: https://www.citizenserve.com/portfolio/#category id 34 C.2.6 Mobile Capabilities Citizenserve is fully functional in the field: there is no distinction between desktop or tablet users. Citizenserve uses a device and browser independent architecture. There is no software Page 32 Ci ioenServe required on the local desktop or device. Examples of activities that can occur from the field include: • Inspections. For inspections required for building permits, business licenses, and other applications that require an inspection, an inspector can receive an inspection request while in the field from a tablet or laptop, complete the inspection while onsite, fill out the inspection form, and generate an inspection report for mailing or emailing to a business owner, citizen, or contractor. Inspectors can look up property ownership information, add violations, take and attach photos, access the full functionality of the plan review tool, generate tickets or notices of violation, and schedule re -inspections — all in the field from a tablet or laptop. The inspection forms use a responsive design, which means the forms morph into the available form factor, automatically resizing to fit the user's device. We will be rolling out a new offline inspection capability in 4t1i quarter 2020. • Code Enforcement. Code inspectors are notified of inspections due and can look up property ownership information, add violations, take and attach photos, generate tickets or notices of violation, and schedule re -inspections while in the field from a tablet or laptop. NOTE: this information is provided for informational purposes, as the Town did not request code enforcement. • Complaint Tracking and Inspections. Citizenserve's mobile capabilities enable your inspectors to perform inspections associated with complaints and enter their findings from the field. Using an iPad or other mobile device, inspectors can enter their findings from an inspection, including uploading photos taken in the field and other documents. Notices of Violation, Warnings, and other enforcement documents can be generated in the field using an iPad or other mobile device and Bluetooth printer. NOTE: this information is provided for informational purposes, as the Town did not request complaint tracking. Citizenserve is device and browser independent, which means your inspectors can access the full functionality of Citizenserve from the field from any tablet or laptop. The following pages show an example inspection conducted from an iPad. Because the software is device and browser independent, Citizenserve's full capabilities are available from an iPad or Android tablet, or other mobile device. Page 33 citioenserve Staff can customize their dashboard to display appointments, tasks, key performance metrics, etc. In this scenario, the Inspector opens Citizenserve on his Pad and selects an inspection to be *-- completed from his calendar. +tome Page % I• f (y A oitizenserve.aom ( [T] •-• citioenserve a # Morrie Q Usm Jameson, THello Today is Wednesday, August �Mt). today you "Ve 6 lacks and 2 appoln1wen,.=, 0':yCerardw B p .. Aw� rnwa i•Ir yn-.xm�n man : sun r ? Q�'„r•y 0+9 eF16ANE CLp ]wet e-N Fx..rorr-Rofwcian this AN-9WW xe.ev QFa.n�e.xr G. w+6W.EWRLp lWw x'TmF Car--]O.Win•L+. ,omam-,o nPJF rx.l�r. 9tlFF1 NFrJdv 13 My Tseka 199 -. T.w Tx.re rwF u...xwr v se.e eoarr.ow f O wa...[ iryc.c... n,u.mwnr 9u ana N... Try. F.•+r �•• wra.v oa•,°•zo,e �io,.o. Q �N•aree W, —ma 6+v Xffi�,B5 WIN Sr &w^A Hewm mn9�v.e +>ern`Y Gd1YlOt9 pgrR WIuFF Q AI9•ua^Worn WrNr.wr'erary0&uww O OAms w.FF — e+ealoms MIAAM GI 0 SwF... 619{ 7Ue FF WS�•clwk2 Pmergxk412Etk Q ..,,..tk p. 6,egown r Crl t'AF T w 0 N. W—. , r+.rgnvoenaea ly :. r�ai Tom. r� R.� h i�r•9� rw !.. Mmy R@OM Pin • My Nat" f my WWJ awa—F— a Toss, Mn Dr brr-nors CM, S". 4 N-,A ',lop YCaa�r Page 34 citizenserve 1:40 PM It Permit Project The inspector switches to landscape view and �We3x_ completes the inspection i citizensern.com from the field. He can _ access the full history from 8 G r it 19 0 the field. File 4- 19-000185... 941 BAKERSFIELD Street BUENA VISTA CA 93448 3 bedO bath New Home Construction Available tools enable him Inspections��� to retrieve plans through the C? Edit Inspection Fooling ,,, A t % 0 Mi .mow ®= Electronic Plan Review tool, add violations, schedule a Department: Budding Data: i0812&2619 - ' follow up inspection, upload I In spection Type: Fo frog From: l8: De AMI documents and Assign To: Liam Jamoson To: 9: M AM photos, Perm II is: B19-M072 3 boV2 bain New M •• Completion Data: generate form letters, or Created On: 0810512019 by System Usar status: send emails. Noun: 0.0 Sketch: Draw Picture: Select File Document: Selec! File s19n here: a+p�a7ure.pny m _ Comments: The inspector can copy ♦ comments from a previous review, open the common IN Inspection Comments `� ® comments book, or add Comments manual comments. Page 35 citizen verve The inspector selected the common comments book tool and checks applicable comments to use in this inspection. He can also type or use voice to text to create his own comments. Page 36 citioenserve Edit Inspectio��n''ffII X V 3 E-0 Pfpvlew Attachments: F9dtipg.lPG Fmm: uam I — — ma,.- ilea: 19-Domes PermB a: 819-9oomz Adaress: 941 BNKERSFIEW Street (D CItIzensBNB.cGm { U eee 1n5Peaflon F--q Type, InsPettihn Date: 08/28/2019 �p�ttpr. 0—, e Sta[us_ Pass sir p¢etlaa Gpmmersb• The f911—in9 Hems must 4e corrected. • ]nsp inrg 5e the IPao ml­hone m Ireate a rmnment • Check permltn one plan - --- Glans - set backs. • The area under foQlihps dd0/or sldha M 0 a —11 have all regetdli slumps, routs dnQ foreign md[eridls removed prl0r to ons[ructbn. (r 4WS & rSp6.2) • "11 matenal shell be tree Ql v 9-111 and breign material. Cr 320.8.2 & r 506 2,1) . Footings shall be so deslgned that the allowable hearing opacity of tM1e soil is col eyoeeded. Comported soda shall be tested N a minimum V 90% omPxtlpn at mpolFled prpcppr In accordance.10 eshn d 1552 and I.W in IIR%dot W exceed 12 ogles Ir 401.4 (ref 190}Sj) Signed By: EA The inspector can preview and edit the inspection report prior to sending. This report includes a photo taken on site, inspector's comments, and electronic signature. Page 37 citizenserve- C.2.7 GIS Functionality Google Maps and all associated functionality are built into Citizenserve. While most customers elect to integrate Citizenserve with their GIS system to pull in layers, parcel information, etc., some customers choose to use the base functionality of Google Maps integration. We are experienced in creating interfaces to GIS systems, and have included this integration point for the Town. You can use Citizenserve's mapping functions to track inspections and other tasks. You can display all tasks assigned to a user, filter by types of tasks such as inspections, and further filter by the type of inspection or review. Citizenserve's map viewing options are fully customizable. We have also included the export of active and approved cases from Citizenserve to the Town's GIS in our bid. V Map View My Tasks J Primary Layers Dlspaly' My Tasks • T°tal Tasks 84 H51°rICLO aUistncl 0- Date: Tpday '-HmTt NXt alRegisler status_ AI _ _ • 12due Activity Hp-: j Ali Impecb° • 82 overdue Parcels e Al Reviews WardPrennct .t AY Other ACWM Types - ZmmgD¢mcts 84 actml- T—C 2 cannot W dapi.yed because the 1° Wa cannot be fauna the map - Zv,rgC,erlay "obn a; ro Map S 1,114e %b Ana ca.P:lw004490 s` o' N qNP P•rmk/:Elbo00454 F °we 3 y Addrtwi t50 HIGHLAND WE 87RK, `� h 1114 v DuP D•n: /JtRel6 qi d/P y S� '• �9 4s� � v 44 ny S/ a�sP 00 s2 v pPa`/s0 3 c°mbi or/0, Hi ° s" y �Ps/� 6 qhP 5°mmv,lle Hpl, sAtw°le y— 3' 3i y y °aRa r'`4P/tys' � aT i ta` y _� S4jnmer �` q yiy . s°mPr. u• pubne Lbrary %erana h � S Ca9ay P �. v A/pdsar'4 + 0� Ryan Sr y nSy V Ps/0g� h •[ Sam qy, �� g _ �' nir R 2• °fro , I'e S s qy n •„9 _ � ._ v Me°daia Cgl6 fb°gl• Teams Nthe fApatamap mo Citizenserve Map View ofDue and Overdue Tasks C.2.8 Reporting and Dashboards Reporting Capabilities The creation of an unlimited number of custom reports is included in the Citizenserve subscription. Citizenserve reports can be tabular, maps, and charts. The reports are rendered in HTML and the software has built-in features to interactively display data. HTML can be used Page 38 eitioenserve within the reports; for example, a link to a GIS system or a graphic displaying status can be included within a report. The reports are interactive; a click on a map report will show the underlying tabular information and provide a link to the underlying file, such as a permit. Citizenserve also supports merge reports where the information from the report is merged with a Microsoft Word template letter or an email; merge reports can save a copy of the letters generated to the respective files. Tabular reports can be exported to CSV/Excel format. All reports can be put on the online portal for public consumption, and reports can be placed anywhere on the portal pages. Reports can also be used to create special features, such as a property zoning lookup. Reports can perform processing, such as a report that generates invoice statements, late fees, or penalties, and can be added to the file. Any report can be saved as a PDF for archiving; tabular reports can be exported to CSV format for input into other systems. There is a built-in end -user reporting wizard in Citizenserve that allows non -technical users to design their own reports and share the reports with others. The reporting tool allows you to report on any custom fields in the database. End users can create their own tabular, map, chart, and merge reports. If the Town prefers, users can request the creation of a custom report at any time as part of Citizenserve's unlimited support. Citizenserve has same -day turnaround on most reports. Our staff will create a SQL script in a stored procedure that is rendered by the software and can contain process features and HTML. The SQL scripts create maximum flexibility. The following link is to a video overview of the Citizenserve reporting features: https://www.citizenserve.com/portfoIio-view/reportinq/ Below is an example Permits Issued map report from Citizenserve: Page 39 citioenserve c 0—Y rod Haw ,L + Map Repro x C 4 i 5ecum htlp5:',Www2 adzense ve.rom:AdminlRcpo tCpnlcpic Map Repot! P.— I ... J M.P F-- 04.'Malt m: wrwzota - ❑ . � ■ n + a vRefieengi[ AdMWo vpump�pr Pw•rmr[ Real&e P Repair ■ Cemmere151 Hew Cenfuu[[len vCommrrcralON�r _T ..F wr Ro -¢ Hor5 ERVILI.E - auirclll� r and Rwrwk iendPudium FavllrtY ■ � Tufts � � and Rlvereentl ParA LInWiSitya . Af[emn, Fields sy yyq P a,+• e, "5SOUTH L MEDFOR❑ pl�iy'' ••D Tu& m Tor, par* a -� TEELE SQUARE ��` F S 3 65R-003169 I J�41 w v .mr... i, r::xt�rtsa+sf Pnn.rrme R.rrw+w +rinse. �.` _ � SrcadVhn..ax rvdk,ewnereuwt Aov eeanmara Wn repine �wnrma. iew roof. mi[m wnP/va de u*Mr•�vl+i ��� Q�q , y nwvw iadgn am emq.nw qpk aplWuapi Boor mpriw mac IWp^ DAViS'S41 nv<.a. o-wazaee a9TEN HILLS Sylres ref r a Dave, � V T /f �� py i v l Ffrerlronr 9 � _ ■ �`°n�v p � � v Pa.�r � P y 1399 _ 9 AS5O5�LTA1R$E c 4 Qyv 0 vvv Foss park P y WItT% L Y o HI y1 4 0 v A 9 _0 9 v� F q v 9 v" v v 0 si r s q n e c I e a0 a^ -'., = v v. `• v° r- dip ° T AVON HILL tIGMkInkHGtif]T_^S :.:,r 0 0 0'. v SOM VILV O NINE . q _ ,,,i'.rw sr SPRING HILL L- V' ■r■■ rr�� le Fr.rei; ST ��5�'r � i •'•F.,.7 Carne:d S: 5i i PROSPECT HILL C"- s ,fYw v 0 V 9 V VATORY HILL.- ,F% Lp51@y 0 � � r� 9 O p ' - s llnirersity s$ IYSam O Q. 0 r �� `' v 5•! O 7• rfi` � G.r F;L rs1` 5• � - AGASSIZ' .. vo o ^w:s:na;an St 0 a _ I. 0 v `"" y yt8 Harvard Mu seum� 9 •-� v of114wraiki5tvry Q v O r-.: •,. �%s _ q �`..� fNNER BELT t Harvard r� WAW TWCY na.•� CW?)bl1d8.,. University timed] - r ❑a v .0 o ..ate w _Ihm ._ — Sample Citizenserve Map Report Page 40 citizenserve- Citizenserve has a robust offering of standard reports; a partial list is depicted below: Reports 4E- C Q A Secure Jittps://www2.citizense"e.coul :7tirtjReportWizard?Action=DisplayReports Homepage v • Q EIMStandard Reports EJ Map Reports V PrOxlmily Search O Activity Reports l7 Completed Aolivities By Type and Users Report Completed Aclivntes By Users Report 0 User Activity Report O File Reports 0 File Category Report 0 Flle Status Report bt Files by Type V Filc- Opened by File Type t-] Permit Reports AL Annual Permits Issiled by Type m Expiring Permits List Inspections completed by status Payments by Permit Type 0 Peimil Payments List m Permit summary Report 0 Permits Issued List 0 Permits issued Report 0 Portal Reports L New Files Online vs Over the Counter Online Requests by Flre Type 0 Online Requesis Received Lit. Payments: Online v%Over[he Counter Partial List of Citizenserve Standard Reports User/Role-Based Dashboards Citizenserve provides multiple dashboards to enable your users to quickly obtain the information they need. Dashboards are very easy for individual users to configure and change by simply selecting the desired metrics from a list of available metrics, or Citizenserve will create a custom metric containing the data a user requests as part of our unlimited support. The user dashboards are flexible and can be configured to meet the specific needs of individual users filling different roles. We have provided one example of a dashboard below for Lucas Andrews, a code enforcement supervisor. Lucas has configured his dashboard to show open code cases, pending tasks for his department by user, inspections due this week for his department, and unassigned inspections. The items in blue indicate the availability of drill down information for each item. Page 41 citizenserve- fF Home Hello Lucas Andrews, 1 Today is Monday, February 1 Uth, f you have 14 tasks today. r y "a My Metrics Code Case Audit Total i0paneb Cases 4D 9Ilid .,an Filas 31 ud 9ei Ada," scaaaulea My Dept. Inspections This Week 4 �6Tuesday 1 munday OlIg My Tasks Trial Tasks Taday:l4 Show less 0 online Complaint 1MOU217 941 BAKERSFIELD Street Junk vehicle abandoned on my hbak. Online Complaint 19-000264 141 BAKER AV Nieghhofs party istoo loudl 0 Ins➢eodon 19-000312 123BAKER a b.ndenedvehicle Inspection IBX00321 791 VISALIA ST Neighbor is storing. bunch of hash in the alleyrra.._ Inspection 20.0WDl 981 TAETST Bunch of gamage left In vaeant lot inspection 20-OOOD17 4th and main Street light is burned out at 4th and main 0 insects- 20-000028 123HAKER Nelghbor has a junk whlds parked oul from, and y... 0 Inspection 20-OOOD33 123 BAKER Neighbor has parked a junk nor oul front for 2 week._ Online Request 2(0Wl 41h and main Stmetlight is bumed out on 4m and main Re -Inspection 20-OOOD25 94DVISALIASIreeI dul storage and sign penal required Online Request 20-000027 41h antl main Steet Light is out an 41h and Ma'm Re -Inspection 20.001 98I TAFT ST Bunch of garbage left in vacant lot online Complaint 20.00001 95DVISALIAST Romblon lah in vandi Online Request 20.000032 4th antl main Sheet Ilght is burned out on 4th and main. Sample Citizenserve Dashboard for a Code Enforcement Supervisor EMU My Dept. Trial pending Tasks And Appointrnenls'. 21 16 Cuss Andrews 6 p.—DDle Unassigned Inspections 2 -1 lnepaceon 1 DIDlne Inside— $ V Total tasks tansy 14 Sint by Due Dale O101912019 2due 11107I2019 12. eNua Tasks by status; 14 121CM19 12m9121119 -14 rM atalus given 0IMOI 020 O Dnesslgaeb aolayity, queue'. 3 0 tl3112020 i3a eNue O1l3112020 0210312020 0210412020 02104,2020 0210912020 02m712D20 02/1UI2020 02110/2020 Page 42 cidoenserve Clicking on the map icon opens a map view of Lucas' tasks that are due today: p Map View: My Tasks J Primary Layers F—Is Zonlrst .c Other Layers Display: i My Tasks Total Tasks: 14 Due Dare: j Toaey staves: Atli 2uua Activity types: ® Alllnspsctians .12 areNue ® All Reviews ® All Other Activity Types M. -Park Pc ado 4 � Y N 'r! �BeS v e�� s GO gle f-! Map View of Lucas' Tasks, Due Today ell t Ysarras v a` Price sa�i65� o Hlstdryal Park eanle`� e 4 �D c Q„ce a��a 8ellor 1�h� Y Ci A `s+ro enerv�caa �y rv�nr o f Ws+�rry,°a s! �1 T map tlna mzozo Terrns oruse neportamap error Page 43 citizensereve Each user can configure his or her individual dashboard to display the metrics of interest, and it's easy to request custom metrics from Citizenserve's Support Center. Q MMetric's Seeing Araflabbe Metrtes My MetrFcs ode Completed Inspections Open Code Case Audlt - This Year - All ode Fllas by Status f erlod: Pending Tasks by User - This Year -My DepeRmenrs Iles Opened by Type This Week Inspections - This Week - My Departments ours Entered Scope: unassigned inspectons-ThlsYear nspactians by Status pen Gode Case Audlt erdue f ermii Reviews Pnd Lndete Rertrn4e Eending License Reviews ending f'armit Reviews un,h—_T_ sF._bu Llcur .save The My Metric Settings popup enables each user to configure his or her dashboard C.2.9 Role -based Security Security in the system is role -based. All Citizenserve file types, permit types, license types, activity types, and templates have a scope that can be shared for sub -departments or departments only. Departments set up roles such as manager, read-only, etc. Roles are added to users and the rights for each department and sub -department roll up into a security matrix for each user. Specific rights can also be controlled for access to different application features, such as Code Compliance or Permitting. The ability to access fee tracking and edit payments are also available, as well as the ability to edit and add properties. Page 44 dtiosenserve- M - Cl x User Details x E C 0 1 Secure httpsllwww2.citizenserve.com/AdminlU5erController?Action=ViewUser&Ustr_lD=9U43&OpenFald • `/� • • qulck search: ,+ ci tioense■ ■ e ;Addy ;Address Pemrit d Administration: f' 0 Buena ViBla-Rool Depa tment Lookups Raley Customs rAnimal Control ft Building) le: Building official parrment: Building ernama! Ilam.jameson ssword: "" or Type: Building Inspectors iai L• julieg�citixenaerve.own one Number. BOOS25W18 II Phone Number: cess to Code Compliance: No cess to Permitting: Yes Add Permits Across Departments: No case to Business Licensing: No Violation Tracking: No cess to Fee hacking: No Access cess to Edit Payments: ruil Access cess to General Cases: No cess to Property Lookup Fable: Edit and Add Properties Roles sign and View All - oct Admin - ool Admin - anager-Building. Daraid Manager Sample Citizenserve User Setup, Including Role Assignment Each department/sub-department can set up roles that are assigned to users. Each department can have different roles and assign rights to create, view, modify, delete, delete file, edit closed files, edit completed items, assign activities, and accept activities. Page 45 dtiosenserve- — 0 X -= Department Roles Eab x f C 6 Secure I httpsllwww2citizenserve.camlAdmin/ DepartmentControAerAction=View❑epartmenftles&... 1'T 0 0 O d quick search: c7 tizenserve 'File .Address Permit N Q •d■n: Buildirig ? r 8uerta 1Rsta-Root Department Users Lookups RolesCustoms r Animal CmInA W. Roles: Building '.ale Name Descrlptlon uilding - View only rant Desk Role Look up permit (Jo —lion address, owner name, per mil type. amount due, permit number') Accept payment other functlans restricted) lanager - Building Default Manager —it Clerk Role ernit Inspector Role iser - Buil ding Defau li User isei no delete - Building Detault User no delete isei no delete, edll completed - Building Default User no delete, edil completed Sample Citizenserve Roles Screen Page 46 cidoenserve- - Rule Details x F {' 0 A Secure , https//www2.citizenWrve-corrVAdinin/RoleController?Action=ViewRolL&Role_ID=10722&Ope... {$ 0 [+} quick search: citiewense■` ■Y■ e lAdd Address permit ff W. Administration: Building Customs 1 Manager - Building tole Name: Manager - Building lescription! Default Manager This role can be granted to users in the following departments iuilding Users assigned to this role have the following Fite permissions Delete Edit Closed Edit Cum plated Assign Department Create View Modify Delete File Files Items Activities •uilding YES YES YES YES YES YES YES YES Users assigned to this role have the following Contact permissions reate Modify Delete YES YES YES Users assigned to this role have the following Management permissions lepartment Manage Lookup Options Manage User Accounts Run Reports •uildlnp YES YES YES Sample Citizenserve Role Setup Screen (Manager — Building Role) C.3 Optional Modules Ce Accept View Department Activities Tasks YES YES Citizenserve is a comprehensive community development solution; all modules are integrated and included in the subscription. We have provided information below on Citizenserve's Licensing and Code Enforcement modules in case the Town elects to implement them at a later time. C.3.1 Licensing Permits and licenses are similar in Citizenserve, so if you are familiar with one the other is easy to use and understand from both end user and technical perspectives. Citizenserve licensing Page 47 citioenserveF software automates the application, payment, review, and renewal of business, contractor, worker, and any other licenses. An unlimited number of license applications can be created with an unlimited number of custom fields and one or multiple review or workflow routes. Businesses and contractors can submit applications, upload copies of required documents, check on the status of applications, and pay application fees through the Citizenserve online portal. You can create customizable deficiency checklists based on application types and quickly generate and email Deficiency Notices. License documents can be configured with mandatory or warning conditions. If an inspection is required before issuance, Citizenserve can automatically notify your inspectors of pending applications and required inspections. Upon final approval, you can generate License Certificates and ID cards that can be mailed, emailed, or downloaded from the online portal. An unlimited number of inspection types with custom forms and fields can be set up in licensing. When it comes time for renewal, you can create batch email or mail renewal notices quickly. Custom renewal processes can be created, and renewal letters can direct contractors, workers, and businesses to the online portal for renewal and payment. Citizenserve can be configured to automatically calculate penalties and interest for late renewals. License holders can submit required documentation such as proof of identity and insurance verification through the online portal as part of their license renewals. You can view demos of Citizenserve's licensing solution at: https://www.citizenserve.com/portfolio/#category id 19 C.3.2 Code Enforcement Citizenserve code enforcement software completely automates the process of opening cases, scheduling inspections, recording violations, and coordinating resolutions. Property ownership, inspection results, photos, notices, violations, and notes become an electronic record of each case. The Code Enforcement module is part of Citizenserve's integrated solution, so code violations are visible in other modules such as the Permitting and Licensing modules. For cases that are initiated by a complaint, Citizenserve provides fully automated complaint initiation, tracking, and inspections. Citizens can enter complaints via the online portal anonymously or with contact information. Images/pictures and other data can easily be uploaded and attached to a complaint. You can configure business rules to automatically route a complaint to the appropriate department for quick action. Individual workflows can be configured for multiple violation types, and you can associate violation types to multiple permits and permit types, with relevant code violations. Complaints can be prioritized and escalated. Inspections can be scheduled automatically according to complaint type, or can be added manually. Page 48 dti:en Citizenserve's robust case management capabilities enable code enforcement cases to be created with multiple violations, and each violation can be tracked and resolved separately. An unlimited number of people, businesses, and other contact types can be associated with a case, and each person or entity can have a different association with the case. An unlimited number of notice or letter types can be created; each letter type can be completely customized, and letters can initiate database processes such as fee assessment or file status changes. Code enforcement case processes can take a case from courtesy notice, citation, abatement, to court. Violations can also be associated with specific permits or licenses. As a fully mobile solution, code enforcement inspectors are notified of inspections due and can look up property ownership information; enter their findings from an inspection; add violations; take and attach photos; generate tickets, notices of violation, or warnings; close violations after verifying the required fix; and schedule re -inspections — all in the field from a tablet or laptop. Enforcement documents can be generated in the field using an Pad or other mobile device and Bluetooth printer. You can view demos of Citizenserve's code enforcement solution at: https://www.citizenserve.com/portfolio/#category id 18 Page 49 citioenserve - 0.1 Project Schedule Assumptions We have included a project schedule for the Town's scope based upon our experience with similar projects. Below are the assumptions we made when developing the project schedule for the project: • We do not know how quickly the Town will be able to proceed with the project following contract award; we made the assumption that contract award and notice to proceed will occur within one month. • Because we do not know when the Town will be ready to proceed, we have labeled the schedule with "Month 1," "Month 2," etc. We can be ready to move forward quickly upon contract award. • We use an agile implementation approach; process mapping and refinement will occur during the walk throughs rather than as a single task. • We assume that the Town team will collect the required information on the setup checklist provided by Citizenserve at the beginning of the project in a timely fashion; such information includes copies of permits, fee schedules, letters and notifications, etc. The timely start of the project depends upon the collection of this information. • We assume that knowledgeable subject matter experts from each area will be available for the weekly walkthrough meetings as scheduled. • We assume that Town team members will complete their assignments in the days between the weekly walkthrough meetings; typical tasks include testing the system, reviewing changes, documenting needed changes, etc. • We assume the Town will ensure the attendance of key end users and, if needed, system administrators in training classes. We will have a schedule of training classes prior to Go Live, but online training is included as part of the unlimited support offered through the subscription, and we can be flexible in scheduling additional training as required. D.2 Project Schedule The draft project schedule is on the following page. Page 50 cidoenserve- Month 1 Month 1 Month 2 Month 3 Month 4 Month 5 Task/Phase Fountain Hills, AZ Contract Award Notice to Proceed Information Gathering (all modules) Create Setup Checklist Document Workflows, Users, Security Rights Gather Items an Setup Checklist Project Kickoff Meeting Permitting and Inspections Set Up Initial Citizenserve installation Test Site Available Walk Through Citizenserve Setup (iterative) Weekly Walkthrough Meetings Practice, Test, Play with Citizenserve Outside of Meetings System Integration (Authorize.Net, GIS, Maricopa County Assessor's db, MUNIS batch file) Develop System integration Documents Developffest System Integration Programs Permitting and Inspections Configuration Complete Training Permitting and inspections Go Live Permitting and Inspections Delete Test Data Import Data Draft Project Schedule for Fountain Hills, Arizona (Page I of 2) Page 51 cidoen4erve Month 1 Month 1 Month 2 Month 3 Task/Phase Fountain Hills, AZ Planning & Zoning Set Up Initial Citizenserve Installation Walk Through Citizenserve setup (Iterative) Weekly Walkthrough Meetings Practice, Test, Play with Citizenserve Outside of Meetings Planning & Zoning Configuration Complete Training Planning & Zoning Go Live Planning & Zoning Delete Test Data import Data Project Complete Draft Project Schedule for Fountain Hills, Arizona (Page 2 of 2) 919425.2 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND Citizenserve [Scope of Work] See following page(s). Scope of Work 1. Information gathering (all modules) 1.1. Create setup checklist 1.2. Document workflows, users, security 1.3. Gather all needed information per checklist 2. Project kickoff 3. Provide complete and functioning Permitting and Inspections module 3.1. Initial setup 3.2. Provide weekly walkthrough meetings to review progress, test processes, and make modifications to address Town needs and requirements 3.3. System integration 3.3.1. Payment gateway 3.3.2. Maricopa County Assessor's database 3.3.3. GIS 3.3.4. Munis 3.3.5. Bluebeam 3.3.6. Provide integration documents and test system integration programs 4. Provide complete and functioning Planning and Zoning module 4.1. Initial set up 4.2. Provided weekly walkthrough meetings to review progress, test processes, and make modifications to address Town needs and requirements 5. Testing and training 5.1. Provide training to Town staff on using the system 5.2. Make adjustments to processes as needed to address any issues identified during training 6. Acceptance and go live 6.1. Town acceptance of the system as meeting the system requirements and functionality 6.2. Delete test data 6.3. Activate system for use by citizens to begin processing applications 7. Ongoing support and maintenance 7.1. Ongoing technical support and system maintenance EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND Citizenserve [Fee Proposal] See following page(s). ccount Name: Town of Fountain Hills, Arizona Term: Billing Cycle: Annual Initial Term: 01/01/2021 — 12/30/2021 Renewal Term 1: 01/01/2022—12/30/2022 Renewal Term 2: 01/01/2023 — 12/30/2023 Renewal Term 3: 01/01/2024 — 12/30/2024 Renewal Term 4: 01/01/2025 — 12/30/2025 Fee Proposal Components to be Implemented: Building Permits Planning and Zoning Citizen Access Pages Fees: 15 User Subscriptions $1,800 per named user per year $27,000.00 Setup, Training and Implementation $1,200 per named user $18,000.00 System Integration Maricopa County Assessor's Database $5,000.00 Fountain Hills GIS $5,000.00 Bluebeam $3,000.00 Authorize.Net Payment Processor $0.00 Munis Financial Daily Batch File (Payments) $0.00 JSON Reports for Consumption by GIS $0.00 Total Initial Term Fees $58,000.00 Each Additional Renewal Term Fees $27,000.00 EXHIBIT D TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND Citizenserve [Billing Schedule] See following page(s). Implementation I Integration Invoice Milestones Year 1 Due Upon Subscription Setup Assessor GIS Bluebeam Total Contract Effective Date 1/1/2021 $27,000.00 $4,500.00 $1,250.00 $1,250.00 $750.00 $34,750.00 Permitting and Inspections First Go Live $6,750.00 $6,750.00 Planning and Zoning First Go Live $6,750.00 $6,750.00 Integration Completion 1 $3,750.00 $3,750.00 $2,250.00 $9,750.00 Total Year 1 $27,000.00 $18,000.00 $5,000.00 $5,000.00 $3,000.00 $58,000.00 12/14/2020 16:01 ITOWN OF FOUNTAIN HILLS DPoak IBUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ACCOUNT LINE DESCRIPTION EFF DATE YEAR -PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2021 07 2 01/05/2021 DVSAD CITIZENSER BUA CITIZENSER 1 1 1 DVSAD 6010 DEVELOPMENT SVCS ADMIN LICENSE/FILING FEES 100-20-40-400-100-0106-6010- TO DVSAD FROM GENAD 2 DVSAD 6603 DEVELOPMENT SVCS ADMIN HARDWARE/PERIPHERALS 100-20-40-400-100-0106-6603- TO DVSAD FROM GENAD 3 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 100-10-15-110-100-0106-7010- FROM GENAD TO DVSAD ** JOURNAL TOTAL JOE=_ I I 1 lbgamdent PREV BUDGET AMENDED BUDGET CHANGE BUDGET ERR 70.00 66,400.00 O1/05/2021 .00 6,500.00 01/05/2021 1,308,541.18-72,900.00 01/05/2021 111 66,470.00 6,500.00 1,235,641.18 TOWN OF FOUNTAIN HILLS Electronic Permit Softw Contract and Budg Adjustment John D. Wesley, AICP Development Services Director January 5, WWW.FH.AZ.GOV Issues & Solution • Currently require all applications by paper • Creates issues for staff and applicants o Apply when office is open o Cost of paper copies o Comments only when office is open o Review by one person at a time • Working remotely highlighted these issues • Electronic permit processing solves the issues o��T AIN IjlC 't b 'A that is NIMP WWW.FH.AZ.GOV Process • Request for Proposals • Received 9 responses • Staff team evaluated • Presentation/demonstration by top 3 • Selected Online Solutions (DBA Citizenserve) o��T AIN IjlC 't b 'A that is NIMP WWW.FH.AZ.GOV Software Overview • Examples from other communities • Will be able to configure to our needs • Will guide applicants in what is needed • We will assist people as needed o��T AIN IjlC z 1� c 11 e 't b 'A that is NIMP WWW.FH.AZ.GOV Portal Home Page (-);16uena Meta Home Servces Search Reports My Account Contact WELCOME TO OUR ONLINE PORTAL Thank you for viaing our website where you can access all of online services from your home, office, or mobile device. Thank you for visiting our webslte, through this portal you have access to all of our onhne services for permitting, planning and zoning, licensing, code enforcement and general requests. We value your input, If you have any comments or suggestions please email us at 555-111-1234. Online Services You Need i� LICENSING r Starting a business? Learn when you need a license, submittal requirements, apply online, pay license fees, and view the status of your license application all from your home, office or mobile device. APPLY FOR A LICENSE LEARN MORE ABOUT LICENSING I SEARCH FOR A LICENSE I PERMITTING Remodeling cr adding an to you home? Learn when you need a permi4 submittal requirements, apply online, view review status, pay permit fees and schedule inspections all from your home, office or —biie device. APPLY FOR A PERMIT SEARC4t FOR A PERMIT LEARN MORE ABOUT PERMITTING — LOOKUP PROPERTY IN FORMATION — Complaints and Requests I Have you seen blight, weeds, illegal parking or other code enforcement ocilancns in your neighborhood? If so subm It an online complaint, and it will be automatically routed to the appmpbate department for investigation. SUBMIT A COMPLAINT — DEVELOPMENT PROJECTS Have a request? Suhmit a request and it will be routed to the Staling a new construction project? Leam when you need to go Ihmugh planning and zoning for app,pnate department in the city. development applications, what documentation you'll need, apply online, view review status, pay SUBMIT A REQUEST fees and view zoning board status all from your home, office or mobile device. LEARN MORE ABOUT DEVELOP MENT PROJECTS AGO cP / r O 'b 9,ythat is Ativv� WWW.FH.AZ.GOV kO�lyT AI1V �ittm O �(' Z 11 Permit Application (1 of 3) 0r ♦ ; rMh PV Nenatsta Home Services Search Reports My Account Contact b APPLY FOR A PERMIT Home I SerS Ines 1 Permlls 1 Apply for a Vertu 1, , Rald Appltnallon Type: Building Permit Sub Type. New Construction v Nnta l his permit type has required suhmIMI d—rit bi, it ynQ hnvenY already gathered these dor. ,-ts you'll need co do ;a oef— you cen submil your application. VIEW SUBMFTTAl REQWREMENTS+ Work Descriptioro is this application for a new or e%isling projoct7: Anew prdjecl v Address: 9123 BAKER Avenue Buena Vista CA Wma Parcel #: 123-123-123 Property Owner: Gerald Smith G Your parcel k has been Verr6ed ENTER A DIFFERENT ADDRESS- * PROJECT INFORMATION Answer the following questions about your building pro ect WIII you mslall a swimming pool or spa? Number cf structures to be built or modified: "'Id WWW.FH.AZ.GOV y�at Is A��" kO�lyT AIN �ittm O �(' Z It Permit Application (2 of 3) 14 PROJECT INFORMATION Answer the toll —rig questions about your twlldlnq protect WIII you install a swimming pool Or spa? Number of skntctures to be built or modified. i CONTACTS All contreclors must be licensed by the stale click here io lookup a conuactor license On the suite weosite Contractor. Subcontractor: Architect Property Owner: n SUBMITTAL DOCUMENTS All documents musk be in a pdt fly -format site Plan, Select File Preliminary Cost AffideviL Select Fie Cartmed Plot Plan: Select Fle Landscape Plans_ Select File O Sold Wasis Disposal Forth: Select File rU "'l� WWW.FH.AZ.GOV ��at is A��" Permit Application (3 of 3) Y PERMIT SUBMITTAL BY CLICKING SUBMITBELOW, • l certify under penalty of law (RMG 13.07 aruf 15.06) that the above infinrrriation is true and corract is the best of my knnwJedg$. • irtoornptete appiieatians for whiisti ne permit is issued within 90 days foitowing the date of application shall expire and be inactivated, and the plan review Ilcense fee shad tie forfeited. l agree to all tenns and ocnditicns �1 Signature: I Sign here Drop Sox Link. Grew your site he; e: Draw k017l1T AIN �` l 0 1 e o i 0 "bWWW.FH.AZ.GOV t�+at is A��� View Permit Screen from Portal — Permit Tab & VIEW PERMIT Mum: I Se lces ! Pei — I. - .. p Your pa-1 is nct ed until an dale is displayed bow el Your issue IJ Make a payment Request an inspection Permit#: B19-000120 Project 0: 19-000332 Fill Upload documents Status: Cnl ine Apl iication Received Balance D_ $1,077.74 Leave message Address: 9,41 BAKERS FIELD Street 9 Description: New Single Family - li Prospect Permit Reviews Documents Inspections Permit N: 919.09g1Y0 Permit Type: Building Permit Sub Type: New Construction Issue Date' Expiration Date: A PROJECT ENFORMATION Answer the following questions about your building project Will you install a swimming No pool ar spa7 Number of structures to he t built or modified: list Structure Occupancy Type: R-3 Residential, one- and two -Family Construction Type: 111A Square Feet 2500 Estimated Construction 250000.00 Cost: Total Square Feet: 2500 Total Construction Cost. 250000.00 i CONTACTS ��T AIN Fjrt All contractors must he licensed by the state click here to lookup a contractor license on the dale wehsite Z Contractor: M.ls Construcfon Crew - BL19-000015 G �) Subcontractor. Acme Construction- e � e Architect 4 9,77y+at is WWW.FH.AZ.GOV View Permit Screen from Portal — Reviews Tab Make a payment Request an inspection F) Upload documents 0 Leave message kO�lyT AIN �ittm 0 a VIEW PERMIT NWme ; SErvFr:e 1 F'Erri-11.3 r Vrzµ PEMIr Your permit is not issued urttll an ossus date Is displayed helow. Permit #: 819-000107 Project #: 19-000315 Status: Online Application Received Balance Due: g1,997.94 Address: 941 BAKERSFIEiD Street � Description: test Permit Reviews Documents lnspections Application REVWew Planning & 01109120 Pending Uri ng Application Review Building 01109j20 Pending Required tnspeotions Building 011109120 Pending Application Review Engineering 01109120 Pending Application Review Fire 011109120 Pending Review Complete Building Pending Application Intake Building 12JOT19 7=912019 CcMpiete "'I� WWW.FH.AZ.GOV ��ar is A��" Staff Home Page - Application Hello Morgan Katz, Today is Tuesday. December 15th, you have 6 tasks today. O €= My Tasks Total Tasks Today:6 Application Intake B20-000120 941 BAKERSFIELD Street New SFH - Sultan Application Intake B20-000118 941 BAKERSFIELD Street New Duplex Construction Online Modification B20-000117 941 BAKERSFIELD Street New Single Family Home Construction Application Intake B20-000121 941 BAKERSFIELD Street New SFH - Lady Lake Application Intake 1320-000122 941 BAKERSFIELD Street New SFH - Cocoa Payment Info Demo 0,0 Review Complete B19-000111 800 FRESNO ST Berkeley #3 Residential New Home Construction C-G0' My Links 0 My Open Files Daily Activity Log E1 0 My Metrics Overdue Permit Reviews: 52 18 Planning & Zoning 7 Building 11 Conservation 5 Public Works 11 Engineering AEI Total Pending Tasks And Appointments: 314 kO�lyT AI1V �ittm 0 z � 1t 'b 9Zhat is �--e Permits Issued By Date Range Lw— Jim's Permits on A Map Intake Sort by Due Data v + Pending 12/03/2020 Pending 12/08/2020 12108/2020 Pending 12J1512020 Pending 1211612020 Pending 12/1612020 Pending Permit Reviews 59 19 Planning & Zoning 11 Building 12 Conservation 5 Public Works 12 Engineering A My Settings O Change My Password Total tasks today: 6 3 due 3 overdue Tasks by status: 6 ,1 No status given 5 Pending a Unassigned activity queue: 31 31 overdue ME WWW.FH.AZ.GOV 2 Permit Project Staff View — Permit Workflow Route File #: 20-000015 — 941 BAKERSFIELD Street BUENA VISTA CA 9344B New Home Construction - 312 Hempfk Township Reviews I Route Name : II Peru # : II status Building Permit Review B20-000005 Under Review New Home Constniction - 3I2 HmpfleM Township Activity Type Department Assigned To Application Intake Building Morgan Katz Application Review Building Liam Jameson Required Inspections Building Liam Jameson Application Review Engineering Stacy Griffiths Application Review Fire Reanna Thompson Application Review Planting & Zoning Ryan James Review Complete Building Morgan Katz aO9bft 12 A- ;f Start Complete Duration 01l23l2020 0 days .I Due Complete ;lI Status Approved with Conditions 01/2412020 012K020 Approved 01W2020 01012020 Complete 01MI2020 012K020 Pending 01MI2020 Pending 01W2020 Pending 01l3012020 Pending 0.80 total hours WWW.FH.AZ.GOV Staff Home Page A Home Good Afternoon Liam Jameson, Today is Tuesday, December 15th, today you have 6 tasks and 1 appointments. o;= My Tasks Total Tasks Today:6 0 n Required Inspections Application Revlew Required Inspections 0 Vacation Rental inspection Reinspecticn 0 Application Review 04 My Metrics Total Inspections Completed This Year: 239 111 Follow Up Required 35 Violations Corrected 32 Not Ready 21 Pass 15 Fail 10 No violations Found 8 No Status Selected 1 Scheduled Pending Permit Reviews: 59 Ltm z �1 B20-000050 800 FRESNO ST B20-000103 960 TAFT ST B20-000116 941 BAKERSFIELD Street 15-000004 1161 BELLO Street B20-000037 941 BAKERSFIELD Street 820-000D79 941 BAKERSFIELD Street — Inspector New Single Family Home Leesburg 18 Unit Apartment Complex - Fountaln HIII New SFH - Petersburg Acme Construction New SFH - Leesburg, FL New SFH - Lady Lake M !EWJ Total tasks today: 6 Sort by Due Date v T Pending 10/27/2020 2due ,4overdue Pending 1110312020 Tasks by status 6 Pending 12/1112020 1211112020 No status given Scheduled 121151202D '1 4 Pending 1 Scheduled Pending 12/16/2020 O Unassigned activity queue: 32 Overdue Permit Reviews: 57 �18 Planning & Zoning 12 Building 11 Conservation 5 Puhf Works 11 Engineedng ■ 32 overdue 11 WWW.FH.AZ.GOV that is A�v� Inspection Screen from a Desktop 11 Permit Project File P. 20-000155 ... 941 BAKERSFIELD Street BUENA VISTA CA 93448 New SFH - Leesburg, FL C/ Edit Inspection: ReinspectDn Address: Department: llncpectlon Type: Assign To: Perri 0: Created On: comments: M inspection Comments Inspections All Addreaaes FB—.Ild—ln—g IStart Date: Reinspection .. Due Data: uam Jameson r B20-0O0937 New SFH - Leesburg,. Fl- v "' CompletionData! l95/f912020 by t-lam Jameson Status: Hours: water dlstnbutlon pipe and tubing shall have a minfmum pressure rating of109 psi at 189 f (p 299.5.5) w Iroundatiors shall be bwh on undisturbed Boll or properly compacted fill material. (r 403,1) 12114/2020 12f15J2020 Scheduled 0.0 aA R A T% d 5 u a D M n rilar healers shell be anchored or strapped to resist horizontal displacement due to earthquake motion. Strapping shall be at po{nls wllhln the upperone third and lower one-Ihlyd of its vertical dimensions_ Atthe lower mt. a minimum distance of 4 inches sheN be maintained above the controls with the strapping. (2010 CPC 508.2) WWW.FH.AZ.GOV Inspection Screen from an iPad t:40 M i citixenserve.com Perit Projectu --w File #: 19-000185 941 BAKERSFIELD Street BUENA VISTA CA 93448 3 bed/2 bath New Home Constfuction ®® Inspettivns CF Edit Inspectiom Footing Department: llnspuction Typo Assign To: Permit #: Created On: Sketch: Document: Comments: Building Fooling Liam Jameson FBI 9-0o0072 3 bed12 bath New He •' 0810&2019 by System User Draw Select File i nspection Comments Comments IF 4 83% M Date: 0812W2019 ' From: 8: 00 AM TO, 9: Do AM Completion Date: Status: Hours: D.0 Picture: Seiecl Fife Isign here: y� SIgralure. prig III O t A F2 WWW.FH.AZ.GOV System Needs and Costs • Citizenserve software • 1st year (configuration +annual fee) - $58,000 • Annual subscription - $27,000 • Bluebeam software • Upfront cost - $4930 • Annual subscription - $3123 • Additional hardware (monitors, tablets) - $6,500 o��T AIN IjlC z 1� c 11 e 't b 'A that is XIMP WWW.FH.AZ.GOV Questions kO�lyT AIN �ittm 0 "'I� WWW.FH.AZ.GOV rear �s A��" ITEM 8. D. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving the purchase of (1) Toro Multi Pro Sprayer Accessory; (1) Toro Groundsmaster 7200 turf mower. Staff Summary (Background) The Community Services Department, Parks Division, currently has one (1) turf mower at Golden Eagle Park. Originally, the mower is scheduled for replacement on July1, 2021. However, the mower sustained significant damage after being submerged in water during the flood of 2018 and required extensive repairs so it would last as long as possible. The mower is in need of additional repairs, and the total exceeds the adopted vehicle replacement policy that states, "Excessive maintenance is defined as a repair cost that exceed 40% of the vehicle value in a twelve-month period." The mower is used by staff to mow the turf at Golden Eagle Park allowing more control of when and how the turf gets mowed. Maintaining turf at tournament quality often requires multiple mowing's per week along with a well maintained machine to perform the task. The new mower selected has a purchase price of $23,696.00, and is capable of mowing more acres per hour than the existing unit. The new mower will substantially increase productivity by minimizing staff time required to complete the task as well as provide a quality cut of the turf. The Tennant Sweeper is scheduled for replacement this year and not able to perform tasks required to make it effective in the parks. Staff is requesting using the replacement fund, for the Tennant, to purchase a 200-gallon sprayer with a purchase price of $29,858.26, that will be used to perform turf applications to maximize turf growth and help minimize weed activity within the parks. This has been an ongoing goal of the department and the most cost effective way to continue improving the turf quality is to have this done by staff. The cost of contracting this task out has proven to be cost prohibitive and difficult to schedule in a timely manner to maintain quality turf. The Town Council adopted the Vehicle Replacement Program Policy to provide an authoritative decision -making process for the evaluation, selection, and multi -year scheduling of vehicle replacements based on a projection of available fiscal resources and the vehicle's age, mileage, engine hours and repair costs. The purchase of this equipment follows the guidelines of the Vehicle Replacement Policy. Related Ordinance, Policy or Guiding Principle Vehicle Replacement Program Policy. Risk Analysis Failure to replace turf maintenance equipment will have a negative impact on turf quality at Golden Eagle Park. Recommendations) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of the first amendment to cooperative purchasing agreement C2020-017 with Simpson Norton. SUGGESTED MOTION MOVE to approve the first amendment to cooperative purchasing agreement C2020-17 in the amount of $53,524.56 for turf maintenance equipment. Professional Services Agreement 2020-017-1 Vendor quote Inbox Public Works Director (Originator) Finance Director Town Attorney Town Manager Form Started By: Justin Weldy Final Approval Date: 12/28/2020 Attachments Form Review Reviewed By Date Justin Weldy 12/21/2020 08:23 AM David Pock 12/21/2020 12:47 PM Aaron D. Arnson 12/28/2020 08:39 AM Grady E. Miller 12/28/2020 09:42 AM Started On: 11/25/2020 07:15 AM Contract No. 2020-017.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SIMPSON NORTON CORPORATION THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "First Amendment") is entered into as of January 5, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Simpson Norton Corporation, a Minnesota corporation (the "Contractor"). RECITALS A. After a competitive procurement process, Sourcewell (formerly the National Joint Powers Alliance) entered into Contract No. 062117-TTC, dated August 18, 2017, with The Toro Company, a Delaware corporation, for the procurement of landscaping and grounds maintenance equipment (the "Sourcewell Contract"). Contractor is an authorized distributor for The Toro Company. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated September 3, 2019, based upon the Contractor's contract with Sourcewell (the "Agreement"), for the Contractor to provide the Town with landscaping and grounds maintenance equipment. (the "Materials and Services"). C. The Town has determined that additional Services and Materials (the "Additional Services and Materials") are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Services and Materials and to extend the term of the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term. The Term of the Agreement is hereby extended and shall remain in full force and effect until September 2, 2021, unless terminated as otherwise provided pursuant to the terms of the Agreement or the Sourcewell Contract. 2. Compensation. The Town shall increase the compensation to Contractor by not more than $53,524.56 for the Additional Services and Materials at the rates set forth in the Contractor's Quotation attached hereto as Exhibit A and incorporated herein by reference, resulting in an increase of the aggregate not -to -exceed compensation from $76,073.78 to $129,598.34. 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non -Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 5. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 6. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGE] "Contractor" SIMPSON NORTON CORPORATION, a Minnesota corporation By: Name: , eSpe nGe-f Title: 5 f 4 Maj7&Q Cr EXHIBIT A TO FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SIMPSON NORTON CORPORATION [CONTRACTOR QUOTATION] See following pages. Simpson Norton Corporation 4144 S Bullard Ave Goodyear, AZ 85338 (623) 932-5116 Quotation Prepared By: Manny Castro, CSE Sports Fields & Grounds Acct Mgr (602) 803-9266 manny.castro(gDsimpsonnorton,com am pleased to submit a quotation on the following equipment for your consideration. Prepared For: Town of Fountain Hills Kevin Snipes 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 ksnipes(cDfh.az.gov Quote ID 058808-B Quote Date 11/4/2020 Quote Expire Date 1/3/2021 Sourcewell Contract 062117-TTC Payment Terms COD Quantity Model # Product Name Unit MSRP Discount % Unit Award Price Extended Award Price 1 41240 Multi Pro WM Sprayer Accessory (New - Multi Pro WM Sprayer Accessory) $18,641.00 21.80% $14,577.26 $14,577.26 11 95-9188 Light Blue 1.00 gpm nozzle @ 40 PSI $19.38 21.80% $15.16 $166.71 11 117-5838 Light Blue 1.00 gpm asm (nozzle + cap + gasket) $5.67 21.80% $4.43 $48.77 11 95-9186 Cap and Gasket for Systemic Nozzles $5.31 21.80% $4.15 $45.68 1 41216 Jack Stand (Rear lift assist jacks for Multi Pro WM (qua $336.00 21.80% $262.75 $262.75 1 41241 Clean Rinse Kit (New Clean Rinse Kit for Muth Pro WM $1,779.00 21.80% $1,391.18 $1,391.18 1 41244 Chemical Pre -Mix Kit (KZ Valve) $2,981.00 21.80% $2,331.14 $2,331.14 1 41245 Electric Hose Reel Kit (KZ Valve) $3,676.00 21.80% $2,874.63 $2,874.63 1 41249 Foam Marker Kit $2,439.00 21.80% $1,907.30 $1,907.30 1 136-0459 Finish Kit, Multi Pro WM $541.24 21.80% $423.25 $423.25 WM200 Sprayer outfit items for Workman HDX-D 1 07378 4 Post ROPS Kit $711.00 21.80% $556.00 $556.00 1 07419 Rear PTO Kit $1,119.00 21.80% $875.06 $875.06 1 131-3302 Finish Kit - Manual Transmission $805.18 21.80% $629.65 $629.65 1 07420 Hand Throttle $239.00 21.80% $186.90 $186.90 1 115-7786 Tachometer / Speedometer for HD $797.41 21.80% $623.57 $623.57 1 115-7849 Rear View Mirror Kit $138.96 21.80% $108.67 $108.67 1 127-9719 Fan Kit (Required for sprayer operation) $271.54 21.80% $212.34 $212.34 2 131-8432 Wide Tire w/ Grey Rim $336.72 21.80% $263.32 $526.63 Multi Pro® WM I Toro Wormkan HDX not included in quote Sourcewell / NJPA Contract #062117-TTC Contract Pricing, 6-8 Weeks for Delivery. Credit Card Payments NOT accepted Totals Equipment Total $27,747.49 Toro Protection Plus $0.00 Subtotal $27,747.49 Tax Estimate $2,081.06 COD Totals $29,828.56 Manny Castro, CSE Simpson Norton Corporation Sports Fields Grounds Acct Mgr 4144 S Bullard Ave (602) 803-9266 Goodyear AZ, 85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Manny Castro, CSE Simpson Norton Corporation Sports Fields Grounds Acct Mgr 4144 S Bullard Ave (602) 803-9266 Goodyear AZ, 85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com Simpson Norton Corporation 4144 S Bullard Ave Goodyear, AZ 85338 (623) 932-5116 Quotation Prepared By: Manny Castro, CSE Sports Fields & Grounds Acct Mgr (602) 803-9266 manny.castro(aDsimpsonnorton,com am pleased to submit a quotation on the following equipment for your consideration. Prepared For: Town of Fountain Hills Kevin Snipes 16705 E. Avenue of the Fountains Fountain Hills, AZ (602) 721-3908 ksnipes(a)fh.az.gov Quote ID 058808 Quote Date 11/4/2020 Quote Expire Date 1/3/2021 Sourcewell Contract 062117-TTC Payment Terms COD Quantity Model # Product Name Unit MSRP Discount % Unit Award Price Extended Award Price 30495 Groundsmaster 7200 No Deck $21,710.00 21.80% $16,977.22 $16,977.22 30481 72 Inch Side Discharge Deck $4,229.00 21.80% $3,307.08 $3,307.08 30347 72 Inch Side Discharge Recycler Kit $340.00 21.80% $265.88 $265.88 105-7273 Striping Kit (72 Inch SD Deck) $780.71 21.80% $610.52 $610.52 30671 Universal Sunshade, Red $841.00 21.80% $657.66 $657.66 30483 Jack Stand Kit $287.00 21.80% $224.43 $224.43 Groundsmaster 7200 1 Toro Sourcewell / NJPA Contract #062117-TTC Contract Pricing, 6-8 Weeks for Delivery. Credit Card Payments NOT accepted Totals Equipment Total $22,042.79 Toro Protection Plus $0.00 Subtotal $22,042.79 Tax Estimate $1,653.21 COD Totals $23,696.00 Manny Castro, CSE Simpson Norton Corporation Sports Fields Grounds Acct Mgr 4144 S Bullard Ave (602) 803-9266 Goodyear AZ, 85338 Manny.Castro@SimpsonNorton.com www.SimpsonNorton.com ITEM 8. E. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): DISCUSSION AND CONSIDERATION of the Findings and Recommendations for the Fountain Park Bollard Light Fixture Painting Pilot Project. Staff Summary (Background) In February 2020, at the request of resident Ted Blank, Council authorized a volunteer -led initiative to paint 20 bollard light fixtures around the walking path of Fountain Park in an effort to limit light glare. At the time of approval, additional direction was given to staff to evaluate the durability and longevity of the painted bollards after a season of wear. This evaluation would determine if the pilot program was successful and if additional bollards should be painted. Pictorial results of this evaluation are attached. The matte black paint shows significant flaking and fading. The film from the irrigation water has also dulled and spotted the painted surface, resulting in a cloudy effect. If additional bollards are painted, it is expected that semiannual touch up or repainting would be necessary. The 288 bollards were installed in 2015 in an effort to illuminate the park walking path and allow for evening use. The lights were chosen for their corrosion resistant surfacing and were installed to meet all ADA requirements. The installation occurred prior to the town being named a Dark Sky community; however, they are not subject to the guidelines of Dark Skies as they serve a public safety service. The bollard manufacturer and independent engineering firm worked with staff to confirm that all light specifications were met per the contract. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis There is no risk associated with allowing the bollards to remain unpainted. Light studies conducted in 2015/2016 show the bollards perform adequately and meet all specifications. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendations) Staff recommends no additional painting. 1•*11111CLh *111 it 117 a [01 IQ MOVE to direct staff to conclude the pilot program. Bollard Pictures 2-4-20 Council Min - Item 8A Inbox Community Services Director Finance Director Town Attorney Town Manager Form Started By: Jamie Salentine Final Approval Date: 12/28/2020 Attachments Form Review Reviewed By Date Rachael Goodwin 12/23/2020 12:47 PM David Pock 12/23/2020 12:54 PM Aaron D. Arnson 12/28/2020 08:38 AM Grady E. Miller 12/28/2020 09:07 AM Started On: 12/17/2020 10:54 AM Bollards - beginning of pilot program as of February 2020 Bollards — after pilot program as of November, 2020 (Cont'd) Bollards — after pilot program as of November, 2020 12/17/2020 Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 4, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the meeting of February 4, 2020, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. MOMENT OF SILENCE Mayor Dickey led the Council and audience in a Moment of Silence. 3. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Sherry Leckrone; Councilmember Mike Scharnow; Councilmember Art Tolis; Councilmember Dennis Brown; Councilmember Alan Magazine; Councilmember David Spelich Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER Town Manager Grady Miller reported on the first Annual Employee Recognition luncheon held last week, at which they recognized many employees, including Randy Harrel, 28 years as the Town Engineer, and the longest, continuously serving town engineer in Arizona. Councilmember Scharnow said that he was sorry to have missed the luncheon, but he had a prior engagement. He said that he did attend the State of the Town last week and it was well attended. He reported that he attended the Valley Metro Board Meeting last week where they went into Executive Session for Scott Smith's review. Councilmember Brown thanked Mr. Wesley, Mr. Weldy and Mr. Pock for putting on the Development Advisory Seminar. He said that it was attended by several builders and developers, and was the first of many. The next one will be in September and if anyone was interested, they should attend as it was very informative. Councilmember Magazine said that he, too, attended the State of the Town and with standing room only at 250 people, it was extremely well done. He complimented the Mayor for having each of the department heads on the screen speaking to the audience. Vice Mayor Leckrone also complimented the Mayor for the delivery of her unifying message. Mayor Dickey reported that she attended the Volunteer Expo last week which seemed well attended. It was a wonderful way for the clubs and organizations in Town to show what they do, which is quite a lot. She attended the MAG (Maricopa Association of Governments) Regional Council Meeting. They discussed grants and the census. She said that they are going to have a presentation on the Prop 400 renewal at their next meeting. https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 1 /7 12/17/2020 Minutes 5. 0 n She attended the assembly at Fountain Hills Unified School District honoring the mentors. She said that some of them have been there for 20 years. She read a proclamation, and she said that it was a nice show of appreciation. Mayor Dickey said that she met with the GPEC National Site Selection Committee, which was here for the Waste Management Tournament. She said that it was always great to meet them and share what a great place Fountain Hills is. She reported that on Thursday of this week the Pony Express will be arriving in Fountain Hills around 3:30 p.m. at the U.S. Post Office, and then an event will be held in the Circle outside the Community Center. She is hoping that everyone will be out of school by that time so they can attend. RECOGNITION of Stellar Students of the Month of February. Mayor Dickey then read a statement on each of the students and invited them forward to receive their certificates and have a photo taken. Below are the students for February 2020: Rylee Taylor McDowell Mountain Elementary School Dylan Tobias McDowell Mountain Elementary School Aysha Rasool Fountain Hills Middle School Daniel Garcia Fountain Hills Middle School Sophia Boeshans Fountain Hills High School Blake Anderson Fountain Hills High School RECOGNITION of outgoing Community Services Advisory Commissioner. Mayor Dickey read a Certificate of Appreciation for Daniel Fecteau for his service on the Community Services Advisory Commission. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS PRESENTATION of Monthly Report by Captain Larry Kratzer of the Maricopa County Sheriff's Office. Captain Kratzer reviewed the monthly statistics report, Exhibit A attached hereto and made a part hereof, which is provided to the Town Manager each month, and demonstrated how it is utilized for determining resource allocation. Councilmember Magazine asked that when presentations are being made with such small print, that the Council be provided with a hard copy to allow them to follow along. https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 2/7 12/17/2020 Minutes B. PRESENTATION of Update by Stephen Herring with Republic Services. Stephen Herring with Republic Services said that he wanted to talk about their upcoming bulk season and how it is being communicated with the customers. He also wanted to provide a brief update on recycling. He said that the bulk program started last year and provides everyone one free bulk pick- up service a year. It will be done in the spring, during spring cleaning, and the Town has been broken into eight zones. Each zone will have a different color and the color will indicate when their bulk pick up will occur. He said that this information will be shared in the Fountain Hills Times, on the Town's website and also in the Town's newsletter. Additionally, each resident will be getting a phone call the week before their service begins. It will start in March on every Wednesday and go through April. With regard to recycling, as many are aware in October they experienced a fire at the Salt River Recycling Materials. They took quick action and shifted to taking recycling to the Cave Creek Transfer Station, and eventually to the Friedman Recycling in South Phoenix as their North Phoenix facility was down for upgrades. On Christmas Eve, the North Recycling Facility was reopened with a faster speed and rate. Since then, all of Fountain Hills recycling has been loaded in large trailers, going to the north gateway facility to be processed and recycled. Councilmember Magazine asked if received many complaints from the customers. Mr. Herring said that they have received some complaints about the changes in the routes to Mondays and Fridays, but that was strictly due to the change in the recycling facility. He explained that trucks used to come from the Cave Creek facility at Deer Valley and the 101, drive through and pick up recycling, drive it to the Beeline and drop it off, and then circle back through Town to pick up trash. When they weren't able to do that with the change in facility, it required a change in the overall schedule. Councilmember Magazine said that it is rare to find a company that is as efficient and responsive as they have been, and he is incredibly impressed. He said that they seem to be concerned about the citizens. Mayor Dickey thanked Republic Services for serving the community. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. Charles Holmes, Fountain Hills resident, said that he loves the Town and all it has to offer. He went to an event the other day, the open house at EVIT, and he saw Mr. Miller. He said that EVIT is another asset in the community and he was so impressed with the facility. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 3/7 12/17/2020 Minutes unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda items 7-A through 7-E. Vote: 7 - 0 Passed - Unanimously A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of January 21, 2020. B. CONSIDERATION OF approval of Board and Commission Members' Terms. C. CONSIDERATION OF approving a Liquor License Application for Fry's Food & Drug #70, located at 14845 E. Shea Boulevard, Fountain Hills, Arizona, for a Series 7 (Wine & Beer Bar) license. D. CONSIDERATION OF approving a Liquor License Application for Blossom Kitchen, located at 14835 E. Shea Boulevard #100, Fountain Hills, Arizona, for a Series 12 (Restaurant) license. E. CONSIDERATION OF approving the final plat of "Replat for Adero Canyon - Parcel 6", a 45 lot residential subdivision. 8. REGULAR AGENDA A. CONSIDERATION OF approving the painting of twenty bollard lights in Fountain Park as part of a pilot program to determine durability and reduction of glare. Mr. Miller said that about a year ago Mr. Ted Blank approached the Town about painting a bollard at Fountain Park to enable him to determine if it was successful in reducing the glare. He said that Mr. Blank has indicated that he was able to reduce the glare by 90% without significantly reducing the light. He is now proposing to do another ten bollards south of the east parking lot and ten near the ampitheater, to test the glare. He said that this will help them determine if the lights that are together will produce the needed lighting without such glare. He said that staff will be involved to ensure that the light emitted will be sufficient to meet the ADA requirements. He said that they will go through the evaluation phase and staff and Mr. Blank will come back to Council with their findings and recommendations. Councilmember Brown asked if they were painting just the head of the light. Mr. Blank replied that they were. He said that they would be painting the area that reflects the light up and he then handed out pictures in addition to what was included in the packet. Mr. Blank said that they found a material designed for rifles and guns that are dragged through the brush. It is strong, well -formulated paint and it seems to succeed in resisting the sprinkler heads. There are no chips after it has been there during the summer months. Councilmember Brown said that the only concern he has is if they paint 540 lights, ten years from now what are they going to do. He asked if they could be taken apart and have them powder coated. Mr. Blank said that he did not believe so. Councilmember Brown said https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 4/7 12/17/2020 Minutes that was his only concern --the long-term maintenance. Councilmember Scharnow asked how easy it was to get the paint off if they determine it is not going to work. Mr. Blank said that he was able to remove the paint with paint thinner and the black paint came off while there was no damage to the surface underneath. Councilmember Scharnow said that it does sound like it will be effective. He hoped this will be a good solution. Councilmember Brown asked if staff would be involved in the painting. Mr. Blank said that he has 23 resident volunteers and it probably will not take more than 15 minutes per head. Mr. Miller noted that staff will want to ensure that the paint is the paint they would spec out and the removal will come off as mentioned. He said that this is a process that staff will want to supervise and the Parks Manager will be involved. The following individuals submitted written support for this item: Charles Holmes, Jeff Esposito, Peggy Yeargain, Clyde Hurtig, Karen Farkas, Maria Larson, Lou Liebovich, S.M. Kendall, Patti Proy, Nancy Bill, Joe Bill, Dale Noss, Donna Brinkmeyer, Robert Wilson, Scott Adams, David & Joan Dunham, John Mason, Rachel Mason, and Cindy Couture. Councilmember Magazine asked how long it will take to determine it this solution will work. Mr. Blank said that they will be measuring the light intensities on the sidewalk and the longevity of the coatings. They will wait as long as the Council was comfortable with. He said that the first test was done in May of 2019. There were some hard water deposits on the paint, but it has not affected the reduction in glare; nothing that the Council would find objectionable. MOVED BY Councilmember Dennis Brown, SECONDED BY Councilmember Alan Magazine approve authorizing Ted Blank to lead volunteers in painting 20 bollard light fixtures black as part of a pilot program to reduce glare from the lighting in Fountain Park; and direct Mr. Blank and staff to report their findings and recommendations to the Town Council upon completion of the pilot program. Vote: 7 - 0 Passed - Unanimously B. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Mr. Miller said that this is the first meeting that they have had the Legislative Bulletins included in the packet. There are a number of bills being tracked. He will not go into any, but if Council has any in particular they would like to discuss or want staff to track, he would ask that they indicate those. He said that the purpose of this agenda item is for Council to be able to discuss legislation as it moves quickly through the process. Sometimes Council may want to direct staff to oppose or support pending legislation. Councilmember Scharnow said that he read in the first bulletin a bill regarding the fuel tax and the need to increase it to address transportation and road maintenance needs. He asked if that bill was moving at all. Mr. Miller said that he has heard there will be some movement because of the hybrids. Right now they are getting a break on vehicle registration. There is talk of finding a way to recapture that through registration fees for those types of vehicles because they still impact the roadways. He said that there is talk of something soon coming in the way of electric rigs and trucking vehicles. They would continue the heavy weight still being on the highways but paying less into the fuel tax. https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 5/7 12/17/2020 Minutes Mayor Dickey noted that if Councilmembers are not interested or able to attend the telephonic meetings, they may want to be sure and receive the notes from those meetings as they often include even more information than the bulletins. She said that there were two bills she was keeping an eye on. One was the prime contracting bill (2404). The League believes this will harm towns that do not have large building supply stores and could hurt the state overall. At some point they may want to take a stand on that. She said that she would like to know Councilmember Brown's thoughts at some point. Also, there is a bill to extend the time limit on candidate signs from 60 days prior to the election to 120 days. Based on the Gilbert case a few years ago they cannot regulate signs based on content. This will has the potential for the proliferation of signs. They will want to keep an eye on that one. 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. Councilmember Magazine asked that when there are presentations that include small print, they receive a hard copy as well so they are able to follow along. Mayor Dickey reminded everyone that Stephanie is having a big vow renewal for Valentine's Day at Fountain Park and they are hoping to break the world record. 10. ADJOURNMENT MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Dennis Brown to adjourn. Vote: 7 - 0 Passed - Unanimously The Regular Meeting of the Fountain Hills Town Council held February 4, 2020, adjourned at 6:25 p.m. TOWN OF FOUNTAIN HILLS Ginny Dickey, Mayor ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 6/7 12/17/2020 Minutes CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 4th day of February, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of February, 2020. Elizabeth A. Burke, Town Clerk https://destinyhosted.com/public/publish/print_minutes.cfm?seq=21 &id=36868&mode=External&reloaded=true&CFID=70175587&CFTOKEN=ace439... 7/7 ITEM 8. F. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Community Services Prepared by: Jamie Salentine, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION of Approving the Cooperative Purchasing Agreement with Precision Electric Co. Inc., Contract No. 2021-029, for $100,000 annually, not to exceed $500,000 over the term of the contract. Staff Summary (Background) The Town currently contracts with Precision Electric, Co., Inc, for the Town's pumps, motors, and pump stations at each park. This Cooperative Purchasing Agreement ensures continuity for routine maintenance and emergency repairs over the next five years (a one-year contract with up to four one-year renewable options). This vendor is very familiar with our park infrastructure and maintenance needs so continuing with this vendor ensures that the maintenance and repairs will be done appropriately and efficiently. In the past the annual expenditures were around $50,000, and the dollar value of the contract has been exhausted within one and a half years. This request is to increase the annual amount to provide continuity with routine maintenance and emergency repairs. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis Inability to perform needed maintenance and repairs to the Town's pumps, motors, and pump stations may result in extended shut downs to fountain operations. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to Approve the Cooperative Purchasing Agreement with Precision Electric Co. Inc., Contract No. 2021-029, for $100,000, not to exceed $500,000 for the term of the contract. Fiscal Impact Fiscal Impact: $100,000 Budget Reference: Funding Source: CS If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments CPA - Precision Electric 2021-029 Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 12/23/2020 12:47 PM Finance Director David Pock 12/23/2020 01:03 PM Town Attorney Aaron D. Arnson 12/28/2020 08:35 AM Town Manager Grady E. Miller 12/28/2020 08:58 AM Town Manager Grady E. Miller 12/28/2020 01:14 PM Form Started By: Jamie Salentine Started On: 12/21/2020 01:07 PM Final Approval Date: 12/28/2020 Contract No. 2021-029 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PRECISION ELECTRIC CO., INC. THIS COOPERATIVE PURCHASING AGREEMENT (this "Agreement") is entered into as of January 5, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Precision Electric Co, Inc., an Arizona corporation (the "Contractor"). RFCTTAT.0 A. After a competitive procurement process, the City of Mesa (the "City") entered into Contract No. 2020112, dated July 1, 2020 (the "City Contract"), for the Contractor to provide necessary staff, services, and associated resources to provide the Town with purchase and repair/rewind of electric motors. A copy of the City Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the City Contract, at its discretion and with the agreement of the awarded Contractor, and the City Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the City Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with fire and safety inspections, products, and service solutions (the "Materials and Services"), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until January 4, 2022 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to one successive one-year term (the "Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then -current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one- year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager's signature thereon, which approval may be withheld by the Town for any reason. The Contractor's failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then - current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the City Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the City Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non- conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term and for each an aggregate amount not to exceed $500,000.00 for the Materials and Services at the rates set forth in the City Contract. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the City Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under AR�z. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REv. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. REv. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REv. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 11. ConflictingTerms. erms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town -approved work orders, the City Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the Town's project -specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the City Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the City Contract, the Town shall be afforded all of the rights and privileges afforded to City and shall be "City" (as defined in the City Contract) for the purposes of the portions of the City Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to City to the extent provided under the City Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor's obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Pierce Coleman PLLC 4711 E. Falcon Drive, Suite I I I Mesa, Arizona 85215 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Precision Electric Co., Inc. 1822 E. Jackson St. Phoenix, Arizona 85034 Attn: Steve Belt or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PRECISION ELECTRIC CO., INC. [City Contract] See following pages mesa az AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2020112 MOTOR, PUMP, WELL REPAIR AND REPLACEMENT SERVICES CITY OF MESA, Arizona ("City") Department Name City of Mesa — Purchasing Division Mailinq Address P.O. Box 1466 Delivery Address Attention E-Mail Telephone Facsimile Mesa, AZ 85211-1466 20 East Main St, Suite 450 Mesa, AZ 85201 Ted Stallinqs, Procurement Officer II (480) 644-2815 (480) 644-2655 With a copy to: City of Mesa — Water Resources Attn: Greg Flynn, Fiscal Analyst P.O. Box 1466 Mesa, AZ 85211-1466 Greg. Flynn MesaAZ.gov AND PRECISION ELECTRIC COMPANY, ("Contractor"T— Mailing Address 1822 E. Jackson Street Phoenix, AZ 85034 Remit to Address 1822 E. Jackson Street Phoenix, AZ 85034 Attention Dennis Charles E-Mail Den nis. Charles iss-na Telephone 602-399-4717 Page 1 of 27 CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION This Agreement pursuant to solicitation ("Agreement") is entered into this 1st day of July, 2020, by and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and Precision Electric Company, an AZ company ("Contractor"). The City and Contractor are each a "Party" to the Agreement or together are "Parties" to the Agreement. RECITALS A. The City issued solicitation number 2020112 ("Solicitation") for MOTOR, PUMP, WELL REPAIR AND REPLACEMENT SERVICES, to which Contractor provided a response ("Response"); and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response. In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions. TERMS & CONDITIONS Term. This Agreement is for a term beginning on July 2, 2020 and ending only July 1, 2025. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City's sole discretion this Agreement may be extended on a month -to -month basis for a maximum of six (6) months to allow for the City's procurement processes in the selection of a vendor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the then - current term. 2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A ("Scope of Work") Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein. 3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time purchase; (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as -needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement Page 2 of 27 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms & Conditions 2. Scope of Work 3. Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and include all costs of the Contractor providing the materials/service including transportation, insurance and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division. 5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change. During the sixty (60) day period prior to Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bis.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. 5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section. There is no guarantee the City will accept a price adjustment. Page 3 of 27 5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. No terms set forth in any invoice, purchase order or similar document issued by Contractor will be deemed accepted by the City; the terms of the contractual relationship between the Parties are as set forth in this Agreement. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following: a. Contractor name, address, and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date; e. Payment terms; f. Date of service or delivery; g. Description of materials or services provided; h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable Taxes j. Total amount due. 5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement. Otherwise; payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available. 5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance, or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's agreement, at a minimum, the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. 6.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the term of the Agreement. Page 4 of 27 6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACORD" or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement. 6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division. 6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following: 6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3 million per occurrence/$5 million aggregate Commercial General Liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non -owned autos. 7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of product, or performance of services. 8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. Page 5 of 27 9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that: a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor's undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement. 10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions. 11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits, the language of the Agreement will control. Exhibits to this Agreement are the following: o (A) Scope of Work o (B) Pricing o (C) Mesa Standard Terms and Conditions o (D) Other 13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. Page 6 of 27 By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms of the Agreement and the attached exhibits, IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. CITY OF MESA, ARIZONA Digitally signed by Edward Quedens DN. cn-Edward Quedens, o-City of Mesa, ou •au iiness Services Department, y' - us r locattlon:City ofMesa Date; 202U7.02 0&47- s 3-07W ' Adobe Acrobat venion: 2020.00910067 Printed Name Title Date REVIEWED BY: By: T-e&St Ted Stallings, CPPB Procurement Officer II PRECISION ELECTRIC COMPANY Steven C. Belt Printed Name Division Manager Title 06/24/2020 Date Page 7 of 27 EXHIBIT A SCOPE OF WORK SCOPE OF WORK: To provide repair services, parts and new equipment as needed for the Water Resources Department and the Parks, Recreations and Commercial Facilities Department. No brand substitutions will be accepted on items marked as OEM only. a. This is not an "all or nothing" proposal as no single firm can supply everything required. Contractors can bid on any number of items. Awards will be made per item and there may be multiple awards per item. b. There are three (3) categories of items listed in this RFP. Contractors are encouraged to propose on all Categories if they can provide the equipment and/or services. There will be multiple awards per category and Contractors do not have to bid on all items in a category to receive an award. i. Pumps: The services shall include but are not limited to pulling and repairing various types of pumps, replacing pumps, providing new pumps, installation services, vibration analysis, dynamic balancing and other related services. ii. Motors: The services shall include but are not limited to pulling and repairing/rewinding various types of motors, replacing motors, providing new motors, installation services, vibration analysis, onsite meggar testing, alignment services dynamic balancing and other related services. iii. Deep Wells and Well Pumps: The services will include but are not limited to pulling and repairing deep well pumps, videoing wells, brushing and bailing well casings, decommissioning wells, and other related services. 2. ECONOMY OF PROPOSAL: Proposals should be prepared simply and economically, providing straightforward and concise description of the Proposer's capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representation beyond that is sufficient to present a complete and effective proposal are neither required nor desired. 3. CONTRACTOR REQUIREMENTS. a. Contractor shall have a service facility fully equipped to repair and fabricate parts as required for the size and type of equipment proposed. The City reserves the right to make at least one (1) annual on -site inspection of such Contractor facilities (within twenty-four (24) hours minimum notice) at its discretion. b. Contractors bidding on Motors and Submersible Pumps with closely coupled motors have the following requirements: i. Contractor service facilities must be equipped with personnel and equipment necessary to perform electromechanical repairs/rewinding to electric motors per the established guidelines in EASA AR100 2006, Recommended Practice for the Repair of Rotating Electrical Apparatus. ii. Contractor shall be certified to repair pumps and motors approved for classified locations (explosion proof motors). iii. Contractor shall provide personnel trained and properly equipped for confined space entry. 4. CONTRACTOR PERFORMANCE EXPECTATIONS. a. All materials and workmanship provided to the City shall be of the highest industry standard shall at a minimum meet the original manufacturers specifications and AWWA Standard A100-6 for Water Wells and AWWA Standard E103-07 for Horizontal and vertical line shaft pumps. Materials purchased by the City through this contract shall be new and subject to inspection and approval by a City representative prior to delivery. b. If required, the Contractor shall obtain all permits and licenses and pay all taxes, charges and fees necessary to perform the services. c. Contractor shall guarantee all work under this contract against defects of materials and/or workmanship for a period of one (1) year from the completion date. Chemical Page 8 of 27 EXHIBIT A SCOPE OF WORK agents used shall be warranted for the labeled time period and shall not exceed the shelf time, if applicable. d. The Contractor shall furnish all necessary supplies, labor, vehicles and equipment to perform services. All supplies, labor, vehicles and equipment shall be compliant with the specifications, terms and provisions set forth herein and shall be subject to random, unannounced inspection by an individual designated by the City. e. The Contractor must make repairs in a timely manner to minimize downtime at the City of Mesa facilities, including plants and lift stations. f. The Deep Well Contractor's: i. Facilities and equipment must be sufficient to handle well pipe, pump and other related equipment. ii. Shall provide digital photos of the well equipment during the disassembly and assembly stages including digital photos of work conducted at repair facility. iii. Shall have access to shop equipment inventory including but not limited to the following: 1. Lifting equipment (cranes, forklift) to safely move pumps, motor/pump combinations and accessories weighing up to two tons. 2. cleaning capability (power wash, "steam cleaning", sandblasting equipment) 3. Machine tools, micrometers, gauges, etc. 4. Welding equipment (stick, TIG, MIG) 5. Hydraulic bearing pullers. Induction bearing heater. 6. Lathes, milling machine, drill press of sufficient size. 7. Static balancing equipment. 8. Vertical turbine bowl rack for proper disassembly and assembly. 9. Shaft straightening rack. 5. CONTRACTOR RESPONSIBILITIES. a. Contractor shall provide all necessary equipment, tools, personal protection equipment and personnel with technical expertise necessary to provide the requested services. Repeated and documented instances of using substandard materials, supplies, and/or personnel, or failure to provide services in a timely manner, shall constitute grounds for termination of contract. b. The Contractor shall be responsible for all equipment that is damaged while in their possession. c. The Contractor shall properly guard, protect, and take every reasonable precaution necessary against damage or injury to all finished or partially finished work due to weathering action by the elements or from any other cause, until the entire portion of their respective contract obligation is completed and accepted by the City of Mesa. The Contractor(s) shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work before final acceptance at no cost to the City of Mesa. Partial payment for any completed portion of work shall not release the Contractor(s) from such responsibility. d. The Contractor shall comply with all applicable federal, state, and local safety and health regulations, ordinances, and requirements. The Contractor shall comply with Occupational Safety and Health Administration regulations specified in 29 CFR 1910.147 The Control of Hazardous Energy (Lockout/Tagout). e. Precaution shall be exercised by the Contractor(s) at all times for the protection of persons (including employees) and property. The Contractor shall comply with the provisions of all applicable laws, pertaining to such protection including all Federal and State Occupational Safety and Health Acts, and Standards and Regulations promulgated thereunder. f. The Contractor shall implement a permit -required confined space program as specified under 29 CFR 1910.146 for all work that encompasses a space that: i. is large enough and so configured that an employee can bodily enter and perform assigned work; Page 9 of 27 EXHIBIT A SCOPE OF WORK ii. has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and iii. is not designed for continuous employee occupancy. g. The Contractor shall be fully responsible for the safety of their employees, the public and property in connection with the performance of the work covered by this contract. The Contractor(s) shall provide all safeguards, safety devices and protective equipment and be responsible for taking any needed actions to protect the life and health of their employees and the public during work activity. The Contractor(s) shall also take any necessary actions as directed by the Water Resources Department Supervisor or designee to reasonably protect the life and health of employees on this job and others coming into contact with the job site. i. The Contractor shall provide, upon request, a copy of its written health and safety program and any required employee training records or certificates. 6. RESPONSE TIME: a. Contractor shall commence work within five (5) calendar days of notification from City for all non -emergency calls/repairs. b. Contractor shall commence work within twenty-four (24) hours of notification from City for all emergency calls/repairs. c. Deep Well Contractor shall have: i. the ability to start emergency jobs within three (3) calendar days after receiving a "Notice to Proceed" from the City. (A three (3) day maximum is requested; response time will be an important consideration in the process and awarding the contract). ii. The Contractor shall agree to work until the repair is complete; including weekends and/or holidays unless they are excluded by the City at the time service is requested. iii. The time frame for disassembly and inspection shall be no more than five (5) working days from the time the contractor picks up the pump. The time frame for repair shall be stated on Estimate. 7. WORK ESTIMATES AND COMPLETION TIMES: a. Prior to the Contractor performing any repair work, the Contractor shall be required to provide the CITY with a written report/estimate that includes the condition of equipment, recommended repairs, costs of repairs vs cost of replacement, and the estimated time needed to complete the repairs. i. Based on the cost of the repairs, number of days required for the repairs, and other factors as deemed important to the City of Mesa, it may be deemed that it is more advantageous to replace the pump/motor rather than repair it. For this reason, no work shall commence until the City provides a Notice to Proceed with the work as outlined in the estimate. ii. If a Contractor provides an estimate, but the City does not provide a Notice to Proceed with the repair work, that Contractor shall be allowed to invoice the City for the tear down and the estimate. The City may request that the disassembled equipment be returned and in this case freight charges will be borne by the City. No additional costs will be charged to the City. iii. The City reserves the right halt repair services at any time during the repair process. If repair services have already commenced, the Contractor shall be allowed to invoice the City for any repair services that have already been performed. Contractor shall be required to submit documentation to show the work that has already been performed. Upon termination of the repair job, all pumps/motors and parts will be returned to the City. Page 10 of 27 EXHIBIT A SCOPE OF WORK b. The Contractor will be allowed to remove and disassemble the equipment prior to providing the City with a written report/estimate. The written estimate will be required within seventy- two (72) hours after the equipment was removed from the site or delivered to the repair facility by the City. c. The Contractor shall be required to repair and reinstall (if required) the equipment within ten (10) working days from approval of the work estimate. This requirement will be adjusted if parts delivery exceeds the ten (10) days. d. Estimate shall include the following information: Facility and Location Name, Pump/Motor Unit Name/ ID, Sizes, # of bowls, HP, and any other applicable information along with a detailed estimate that is to include total man hours and type with cost, materials with manufacturer information and part numbers, estimated completion date, Inspectors name and Main Point of Contacts information, and digital photos of defective parts. e. Contractor shall provide a weekly update (on a mutually agreed upon form) of repair status along with digital photos throughout the repair process. The Contractor's facility shall be available to inspect the units repair work and progress. Progress information shall be provided to the City via e-mail to the Requestor. 8. REMOVAL, PICK-UP AND DELIVERY a. Contractor shall be responsible for dismantling, removal, pick-up, reinstallation, and delivery of all pumps/motors when and where requested by the City (with the exception of those delivered to shop by City personnel). The contractor shall have sufficient vehicle/trailer capacity to transport well pipe, pumps and any other related equipment. b. Pick-up and delivery shall be F.O.B. Destination Freight Prepaid to and from various locations. c. Contractor shall return completed repair items to the City within an agreed upon time frame from date of authorization to proceed, or department approval of estimate/quote. 9. KEY PERSONNEL a. The Contractor shall have competent personnel trained in the repair of the proposed equipment and must have the equipment/supplies necessary to perform repairs on the equipment as per the specifications, terms and conditions of this contract. 10. REPAIRS: a. The Contractor is required to provide a pricing estimate for all repairs prior to the City authorizing the repair. Once the repairs have been authorized and completed, the Contractor shall invoice the City using a complete breakdown of parts and labor that matches the rates and mark-ups bid on the pricing pages. The Invoice shall list the Contractor cost of each part along with the % markup and finally the City cost of each part. The Contractor shall include the Supplier Invoices for all parts or equipment upon request by the City. L Example: ABC Seal Contractor Cost $53.00 +Mark-up @ 12% ($6.36) = City Cost $59.36. b. The Contractor shall use manufacturer recommended replacement parts only unless specifically authorized by the City requester. Non -OEM parts shall be called out on quote and invoice. 11. FIELD SERVICES: a. Contractor's crew must be capable of communicating with the Contractor's main office without leaving the job site, i.e. two-way radio, cell phone, etc. b. Contractor shall have access to various sizes of vehicles with sufficient lift capacity to pick up and deliver pumps and/or motors weighing up to two (2) tons (4000 pounds) or up to 500 HP. Page 11 of 27 EXHIBIT A SCOPE OF WORK 12. VIBRATION ANALYSIS (PUMPS AND MOTORS): a. Repairs performed under this contract will be subject to vibration analysis and must comply with manufacturers specifications. 13. SAFETY PROCEDURES: a. Contractor will be responsible for coordinating their activities with City. Prior to the start of work, Contractor and City should perform a Pre -job briefing to discuss and plan for dealing with relevant safety issues such as lockout tag -out and confined space exposures. Contractor will be responsible to properly lockout tag -out electrical hazards and ensure there is a plan to deal with other work -related hazards. 14. DISINFECTION (POTABLE WATER EQUIPMENT): a. Contractor will be responsible for disinfection of all potable water equipment with NSF approved products prior to and during installation in accordance with Maricopa County Health Code, Chapter V, Water Supply R9-8-266. 15. CLEANUP: a. Contractor shall remove all debris and other materials from the work site after the completion of work. 16. PROTECTION OF FINISHED AND PARTIALLY FINISHED WORK: a. Contractor shall properly secure the work site and protect all finished or partially finished work. 17. DISPOSAL OF WASTE: a. Contractor will be responsible for disposal of all waste products including but not limited to oil baled from a well, debris, etc. at a legal off -site location. ANY DISPOSAL OF WASTE PRODUCTS OR UNUSED MATERIALS SHALL CONFORM TO APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS. Copies of disposal documentation shall be provided to CITY upon request. 18. INSTALLATION a. All newly painted surfaces shall be protected from damages. If damages occur Contractor shall repair surfaces as recommended by manufacturer and to the satisfaction of the City. b. Line shafts and Motor shall be aligned according to manufacturer and/or City recommendations. c. Piping strain issues encountered during installation will be brought to the attention of the City. d. Well equipment shall be disinfected in accordance with ANSI/AWWA C651-14 prior to installation. 19. START-UP, DEMONSTRATION, AND TESTING a. City will be responsible for termination of power and control wires. Once completed a rotation check shall be done by Contractor in coordination of City personnel, after which Contractor shall couple the pump and motor. Page 12 of 27 EXHIBIT A SCOPE OF WORK b. Once rotation check and coupling has been performed a Start-up of the pump/motor shall be performed in coordination with the City, at which time a Vibration Analysis and/or Pump Efficiency test will be performed. c. All tests performed by Contractor shall be witnessed and approved by the City before acceptance, No Exception. d. All tests performed should fall within acceptable ranges for Pump Efficiency and/or Vibration Analysis of the manufacturer unless otherwise determined by City. 20. WRITTEN COMPLETION REPORTS: a. Contractor shall submit a written completion report to City within thirty (30) days of completion of work, which details work completed. The report for pump repair shall include depth of setting, bowl size and make, tube and shaft size and make, depth of well water level and other pertinent information. The report shall include a daily log that accounts for all hours and materials billed to the job. All reports must be received and verified prior to Contractor invoicing for the work. If the invoice is dated before the reports were received and verified, the City will deny the invoice and ask that a new invoice be created with an invoice date AFTER the reports were received and verified. 21. ORDERS AND INVOICING: a. Order Placement: i. Orders shall be placed using a Delivery Order (DO) #. There shall be no minimum purchase required. The contracted vendor shall deliver available products within seven (7) to ten (10) business days from order placement to City user sites. ii. Equipment and parts shall be new, un-opened, and in original factory packaging and in current manufacturer production at time of bid opening. iii. All equipment, parts and supplies to be boxed and/or packaged in such a manner to adequately protect the equipment against physical damage during shipment and to insure carrier acceptance and safe delivery at the designated destination. b. Packing Slips: i. Packing Slips should be itemized and reference City contract number and delivery order number (DO). ii. Any parts or supplies received with defects shall immediately be replaced at no charge by the Contractor. c. Invoicing: i. Invoices shall be emailed to WaterAcctsPayable(a)MesaAZ.gov for the fastest processing. ii. Invoices shall include the following: Delivery order (DO) #, part number(s), product description, list price, percent discount, city cost (contract pricing), freight charge and sales tax (if applicable as many items to be purchased off of this contract will be tax exempt). iii. Vendors shall not invoice for items not shipped as this will delay payment of entire invoice. iv. Vendors shall not invoice for disinfection services performed unless the invoice is accompanied by the report and test results as indicated in this RFP. 22. WARRANTY: a. Product - The City is requesting a warranty on all new equipment and parts for a minimum of one (1) year (unless stated otherwise in this solicitation) from the date of receipt. b. Equipment Repair Service — The City is requesting a warranty on all equipment repair services for a minimum of ninety (90) days from the date of completion. c. In the event of any of the aforesaid warranties are not fulfilled, Contractor guarantees to promptly reimburse the City for its cost in making suitable repairs or replacements or, at the City's option, the Contractor shall promptly make suitable repairs or replacements at Page 13 of 27 EXHIBIT A SCOPE OF WORK Contractor's own expense. Contractor shall submit with bid response detailed information regarding product warranty. 23. PURCHASES/REPLACEMENTS: a. The City may decide to purchase replacement pumps, motors, and other equipment from Contractor. The price to be paid to Contractor by City will be billed at the Contractor's invoice price (from supplier invoice) multiplied by the compensation factor listed on the pricing page. The factor listed will be Contractor's compensation for handling. There will be no mark-up on freight costs. Freight shall be handled as a pass -through cost. Contractor shall include invoices for any parts/equipment for which he is seeking compensation. The Invoice shall list the Contractor cost of each part along with the % markup and finally the City cost of each part. Contractor shall provide their supplier invoice upon request to the City. b. City reserves the right to purchase pumps, motors, and other equipment directly from the manufacturer or from other vendors if it is in City's best interest. 24. PRODUCT RECALL: a. In the event of any recall notice, technical service bulletin, or other important notification affecting the equipment, parts and services purchased under this agreement, a notice shall be sent to the Contract Administrator. It shall be the responsibility of the Contractor to assure that all recall notices are sent directly to the Contract Administrator and Purchasing Office. b. Contractor assumes full responsibility for prompt notification of both the contract administrator and purchases of any product recall in accordance with the applicable State of Arizona and federal regulation. Page 14 of 27 PUMPS EXHIBIT B PRICING Page 15 of 27 EXHIBIT B PRICING All pumps shall be at vendor cost + % markup for their handling and shall include pump cost and any incidentals. Shipping (freight) shall not be marked - up but handled simply as a pass -through cost. Vendor must be prepared to 1 prove vendor cost by supplying their supplier invoice when requested. ESTIMATE CHARGES 1 1 Estimate charge for 1-5 Stage Pump 2 1 Estimate charae for 6-10 Staae Pumo 10JMarkup over vendor 10% cost Rate for Service 420.00 1 PER EACH 420.001 PER EACH 1 7 (Estimate charae for fadd av additional) 1 $ 1 PER EACH I Labor Machinist Crane/Crew Rental. Pricing shall include all labor material, overhead, fuel surcharges and taxes to perform the services as outlined in the solicitation. r.-ciaoi1nt. sr 1 Operator Charge $ 70.00 Per Hour 2 Delivery & Pick -Up Charge NO CHARGII Per Job 3 Person $ 70.00 1 Per Hour All other Crane Sizes - subcontracted Markup over vendor 4 Cost + Markuo 10% cost :e Weekday Rate for Service Overtime, Weekend, Holiday 70.00 PER HOUR $ 105.00 PER HOUR 70.00 PER HOUR $ 105.00 PER HOUR 70.00 PER HOUR $ 105.00 PER HOUR 70.00 PER HOUR $ 105.00 PER HOUR 70.00 PER HOUR $ 105.00 PER HOUR 50.00 PER HOUR $ 525.00 PER HOUR Rate for Service Overtime, 1 1 man crew Mobilization charge including crew with travel to and from job location $ 70.00 PERJOB $ 105.00 PER HOUR 2 Rate for crew from time of arrival to departure (billed in 1/2 hr increments after the first hour) $ 70.00 PER HOUR $ 105.00 PER HOUR 3 2man crew Mobilization charge including crew with travel to and from'oblocation $ 140.00 PERJOB $ 210.00 PERJOB 4 or crew romtime or arrival o aeparture (13111ed in 1/2 hr increments after the first hour $ 140.00 PER HOUR $ 210.00 PER HOUR 5 Mobilization charge including crew with travel to and from job location $ 210.00 PERJOB $ 315.00 PERJOB 3 man crew 6 Rate for crew from time of arrival to departure (billed in 1/2 hr increments after the first hour) $ 210.00 PER HOUR $ 315.00 PER HOUR 7 Field Electrician $ 70.00 PER HOUR $ 105.00 PER HOUR 8 Field Labor $ 70.00 PER HOUR $ 105.00 PER HOUR 9 Field Machinist $ 70.00 PER HOUR $ 105.00 PER HOUR 0 Field Mechanic $ 70.00 PER HOUR $ 105.00 PER HOUR 1 Field Welder $ 70.00 PER HOUR $ 105.00 PER HOUR 2 Field Infrared Camera I Thermal Images $ 70.00 PER HOUR $ 105.00 PER HOUR 1_L Field Dynamic Balancing Service $ 70.00 PER HOUR $ 105.00 PER HOUR 4 Field Laser Shaft Alianment $ 70.00 PER HOUR $ 105.00 PER HOUR 1 I Percent markup over cost for repair parts purchased by the Contractor: 10%I Cost + % 4LUE ADDED SERVICES PUMP RENTAL - The City is interested in "as -needed" rental of emergency bypass pumps and related equipment and services. Services would include project design, pump and related equipment rental, delivery and set-up, pump watch, teardown. Related equipment would be items such as elbows, piping, adapters, valves, hoses, saddles, couplings, spill berms, and other similar items. Vendors wishing to have rental services added to this contract are asked to provide current pricing for pumps and equipment with daily, weekly and monthly rates associated. Labor rates shall be included for all activities. Pricing shall be firm for the initial contract term and requests for increases for annual renewals shall not exceed 5%. Vendors should include an inventory of rental equipment by size and type. 1 Attach a list of any value added services your company has to offer along with the price for each service. If accepted by the 2 City, these could become part of the awarded contract. Page 16 of 27 EXHIBIT B PRICING MOTORS A NEW MOTOR SALES All motors shall be at vendor cost + % markup for their handling and shall include motor cost and any incidentals. Shipping (freight) shall not be marked -up but 10% handled simply as a pass -through cost. Vendor must be prepared to prove vendor cost by supplying their supplier invoice 1 lwhen requested. % Mark-up B I ESTIMATE CHARGES Rate for Service 1 3 1 Estimate charge for 20-30hp 1 $ 70.00 I PER EACH 1 4 Estimate charae for 50-100ho $ 140.00 PER EACH 7 1 Estimate charge for $ 1 PER EACH 8 Estimate charae for $ PER EACH C SHOP SERVICES Rate for Service Weekday 1 Shop Labor $ 70.00 PER HOUR 2 Shop Machinist $ 70.00 PER HOUR 3 Shop Welder $ 70.00 PER HOUR 4 Shop Infrared Camera / Thermal Images $ 70.00 PER HOUR 5 Shop Dynamic Balancing Service $ 70.00 PER HOUR 6 1 Shop Laser Shaft Alignment $ 70.00 1 PER HOUR D CRANE SERVICES Crane/Crew Rental. Pricing shall include all labor material, overhead, fuel surcharges and taxes to perform the services as outlined in the solicitation. Cranes Sip l In to 5 tnn 1 O erator Charge $ 70.00 Per Hour 2 1 Delivery & Pick -Up Charge NO CHARGE Per Job 3 1 Each Additional Crew Person $ 70.00 Per Hour Rate for Service Overtime, Weekend, Holiday $ 105.00 PER HOUR $ 105.00 PER HOUR $ 105.00 PER HOUR $ 105.00 PER HOUR $ 105.00 PER HOUR $ 105.00 PER HOUR Markup over vendor 4 Cost + Markup 10% cost FIELD SERVICES Pricing shall include all labor material, overhead, fuel surcharges and taxes to perform the services as outlined in the solicitation. Overtime, Weekends, Holidays - Weekdays - Travel to & from Travel to & from job job location within City from location within City from 2 1 Two 2 Man Crew $ 140.00 Per Job $ 210.00 Per Job 3 One 1 Man Crew $ 70.00 Per Job $ 105.00 Per Job 4 Standby charge after 30 minumtes $ 70.00 Per man / per hour $ 105.00 Per man / per hour 5 Field Welder $ 70.00 Per Hour $ 105.00 Per Hour 6 Field Tech or Field Electrician $ 70.00 Per Hour $ 105.00 Per Hour 7 Field Vibration Analvsis Service $ 412.00 Per Hour $ 618.00 Per Hour 10 1Onsite Alignment Services 1 $ 70.00 1Per Hour $ 105.00 1Per Hour Incidentals and Repair Parts Percent markup over cost for repair parts purchased by the Contractor: 10% Cost + % Value Added Services Attach a list of any value added services your company has to offer along with the price for each service. If accepted by the Citv, these could become Dart of the awarded contract. Page 17 of 27 EXHIBIT B PRICING DEEP WELLS AND WELL PUMPS A NEW PUMP SALES All pumps shall be at vendor cost + % markup for their handling and shall include pump cost and any incidentals. Shipping (freight) shall not be marked -up but handled simply as a pass -through cost. Vendor must be prepared to prove vendor cost by supplying their supplier invoice when 1 requested. B ESTIMATE CHARGES 1 1 Estimate charge for 1-5 Stage Pump for all other IP SERVICES 1 Shop Labor 2 Shop Machinist 3 Pump Efficiency Test d Chn UK-fl- A..h,cic Markup over vendor 15 % cost Rate for Service 420.00 PER EACH $ 700.001 PER EACH e or erwce Overtime, Weekend, Rate for Service Weekday Holiday $ 70.00 PER HOUR $105.00 PER HOUR $ 75.00 PER HOUR $ 112.00 PER HOUR $ 300.00 PER JOB $ 450.00 PER JOB ItnRn nn DRD InR G F'S nn DFD I(1R FIELD SERVICES - Must be inclusive of all costs, including but not limited to, direct Rate for Service D and indirect costs for labor, overhead, materials, tools, equipment, travel, mobilization, Overtime, Weekend, demobilization. Rate for Service Weekday Holiday 1 Rig, Boom truck and Crew to/from site or to/from shop $225.001 PER HOUR $337.50 PER HOUR 2 Crew Only to/from site; rig already in -place $125.00 PER HOUR $187.50 PER HOUR 3 Parts and Materials to/from site on flatbed truck $85.00 PER HOUR $127.50 PER HOUR 4 Well video, tolfrom site, wells up to 1,200 feet deep. Includes written report of well video and one DVD of well video $600.00 PER JOB $900.00 PER JOB 5 Pumpman Rate $75.00 PER HOUR $112.00 PER HOUR 6 Brush and Bail rate - To include all labor and materials $220.00 PER HOUR $320.00 PER HOUR 7 Field Labor $55-001 PER HOUR $$82.50 PER HOUR 8 Field Electrician $ 70.00 PER HOUR $105.00 PER HOUR 9 Field Machinist $ 70.00 PER HOUR $105.00 PER HOUR 10 Field Mechanic $ 70.00 PER HOUR $105.00 PER HOUR 11 Field Welder $ 70.00 PER HOUR $105.00 PER HOUR 12 Field Infrared Camera / Thermal Images $ 70.00 PER HOUR $105.00 PER HOUR 13 Field Dynamic Balancinq Service $ 70.00 PER HOUR $105.00 PER HOUR 16 landl2 copies olf Video or DVD) w/sidescan (Includes Equipment &labor -Written report I $ 600.00 I PER WELL I $ 750.00 I PER WELL kNE SERVICES Crane/Crew Rental. Pricing shall include all labor material, overhead, fuel surcharges and taxes to perform the services as outlined in the solicitation. Crane Truck and % Markup Operator Rate Cost + over vendor 1 Markup % 10% cost MP RIGS ce for pump rig (removing / reinstalling well pump) and three man crew. Price must be inclusive of all costs, luding but not limited to, direct and indirect costs for labor, overhead, materials, tools, cranes, equipment, travel, bilization, demobilization: 1 Straight time while onsite 1 $220.001 PER HOUR 2 lWeekend, Holiday and/or Overtime rate while onsite $330.00 1 PER HOUR -LL RIGS ce for well rig (conduct well maintenance activities such as brushing and bailing well) and two man crew: Price must inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, materials, tools, Ines, equipment, travel, mobilization, demobilization: 1 1 Straight time while onsite 1 $220.00 PER HOUR 2 lWeekend, Holiday and/or Overtime rate while onsite $330.00 1 PER HOUR ul and Disposal of Bail Materials and Cil ce to haul away and properly dispose of all bailed materials and oil: Price must be inclusive of all costs, including bu limited to, direct and indirect costs for labor, overhead, materials, tools, equipment, travel, mobilization, mobilization :1:: Straight time while onsite PER GALLON 2 lWeekend, Holiday and/or Overtime rate while onsite PER GALLON :IDENTALS AND REPAIR PARTS 1 1 Percent markup over cost for repair parts purchased by the Contractor: Cost +15% Cost + LUE ADDED SERVICES Attach a list of any value added services your company has to offer along with the price for each service. If 1 1 accepted by the City, these could become part of the awarded contract. Page 18 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first receiving the City's written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right, at its option, to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5. NO THIRD -PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. 6. NON -EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. 8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. General. Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug -free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug -free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Page 19 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter collectively the "Contractor Immigration Warranty"). A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. To ensure Contractor and its subcontractors are complying with the Contractor Immigration Warranty, the City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees. Contractor agrees to assist the City in regard to any random verification performed. iv. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A). Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City of Mesa to promote non-discrimination. As such, Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, national origin, age, disability, religion, sex, sexual orientation, gender identity and expression, veterans' status, marital status, or genetic information, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. In performance under this Agreement, Contractor and Contractor's personnel will comply with applicable provisions of the following laws (as amended): Title VII of the U.S. Civil Rights Act of 1964, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and any other applicable non-discrimination laws and rules. e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 60) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to the City. f. Israel Boycott Divestments. In accordance with the requirements of A.R.S. § 35-393.01, if the Agreement requires Contractor to acquire or dispose of services, supplies, information technology or construction with a value of $100,000 or more, then, by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of goods and services from Israel. Page 20 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 10. SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement including, by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement, then Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes. 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations, whether or not related to the Agreement, due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public body, subject to Arizona's public records laws (A.R.S. § 39-121 et seq.) and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process. a. If Contractor believes documents related to the Agreement contain trade secrets or other proprietary data, Contractor must have notified the City pursuant to Mesa Procurement Rules Section 2.1 or notified the City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or at City offices, as determined by the City. 14. BACKGROUND CHECK. In accordance with the City's current background check policies, the City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to the City's information, data, or facilities. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any Page 21 of 27 16 17 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. DEFAULT. a. A party will be in default of the Agreement if that party: i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City's Procurement Rules. c. Notice and Opportunity to Cure. In the event a party is in default then the other party will provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety or welfare of the public and, in such an event, the non -defaulting party may require a minimum seven (7) days to cure the default from the date of receipt of the notice; the cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non -defaulting party to provide notice of the default does not waive any rights under the Agreement. Failure of the defaulting party to cure the default will entitle the non - defaulting party to the election of remedies specific to the party as set forth in section 17 below. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event demand is made and no written assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in accordance with section 17(a) below. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non -defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. The City may purchase the services or materials required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price in the Agreement, the City may recover the excess cost by: (i) requiring immediate reimbursement by the Contractor to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted by law. Costs in this Subsection (b) include any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement including, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non -defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. Page 22 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS d. Neither party will be liable for incidental, special, or consequential damages. 18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement, in part or in whole, for its sole convenience upon thirty (30) calendar days' written notice. Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination); Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion. 20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. 21. TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. 22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for any reason, Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice. 23. NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION; LIABILITY. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, agents, representatives and employees (collectively, including the City, "City Personnel") from and against any and all liabilities, demands, claims, suits, penalties, obligations, losses, damages, causes of action, fines or judgments of any kind, including costs, attorneys', witnesses' and expert witnesses' fees, and expenses incident thereto (all of the foregoing, collectively "Claims") imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from, in whole or in part: (i) services or materials provided under this Agreement by Contractor or its officers', agents', or employees' (collectively, including Contractor, "Contractor Personnel"): (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or (iii) failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement. Contractor's indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel. b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or Page 23 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS resulting from, in whole or in part, this Agreement or use of Contractor Personnel -provided services or materials. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman -like and professional manner. The City's acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If the City reasonably determines any materials or services are of a substandard or unsatisfactory manner, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss, destruction, or damage to City property and will, at the City's request and expense, furnish to the City reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City. 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees: (i) it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement; and (ii) the materials or services will be requested by the City on an as needed basis, at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. 29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. 30. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S. § 38-504 which prohibits a person who, within the preceding twelve (12) months, is or was a public officer or employee of the City from representing another person (including Contractor) before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by a substantial and material exercise of administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at the City. 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. 32. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor's goods or equipment incidental to Contractor providing the services and materials under this Agreement and such loss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to City real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel. Page 24 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. 36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively "Contractor Administrators"); all questions regarding the Agreement will be referred to the Contract Administrators. If authorized by the Contract Administrators, supplements or amendments may be written to the Agreement for the addition or deletion of services. Payment will be negotiated and determined by the Contract Administrators. 37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. 38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with numerous governmental entities. These agreements allow the entities, with the approval of Contractor, to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its Page 25 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct. Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be sent via personally delivery, certified or registered mail with postage prepaid, overnight courier, or facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit, in law or equity, arising from or incident to this Agreement will be Maricopa County, Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein. 44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As this Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable. 47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each is properly authorized and empowered to enter into the Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. Page 26 of 27 EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 48. UNIFORM ADMINISTRATIVE REQUIREMENTS. By entering into this Agreement, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200— UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 49. PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as a part of the services provided to the City, Contractor shall comply with the Payment Card Industry Data Security Standards ("PCI DSS") and any amendments or restatements of the PCI DSS during the Term of this Agreement. Contractor accepts responsibility for the security of the City's and/or any customer's credit card data in its possession, even if all or a portion of the services to City are subcontracted to third parties. Page 27 of 27 ITEM 8. G. Meeting Date: 01/05/2021 TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language)- DISCUSSION AND POLICY DIRECTION to Mayor Ginny Dickey regarding the possible prohibition of special events in Fountain Hills due to the surge of COVID-19 cases in Maricopa County. Staff Summary (Background) Due to the surge of COVID-19 cases in Maricopa County and Fountain Hills and infection rates reaching unprecedented levels, the town is seeking Council direction and guidance about possibly prohibiting special events until the infection rate stabilizes. The region is in a tenuous situation while the vaccines are being distributed and administered in the first phase to healthcare workers, first responders such as fire personnel, and other high priority individuals. While the vaccine will be an effective way of combating the virus in the long term, the program of vaccinating the population will take several months to be completed before the region will experience a dramatic drop in covid cases. The Greater Phoenix Health Sector Leadership Task Force consists of chief executive officers of the region's hospital systems (Banner Health, HonorHealth, Phoenix Childrens Hospital) and major health insurance companies such as Blue Cross/Blue Shield of Arizona, CIGNA, and United Healthcare. Due to concerns about overtaxing the capacity of hospitals with patients with COVID-19, influenza, and other health -related issues, the Greater Phoenix Health Sector Leadership Task Force sent the attached letter to all mayors in Arizona with recommended measures to help manage the pandemic. The task force is recommending that cities and towns institute the following measures: • No gatherings over 25 people • Mask wearing in public • No indoor restaurant and bar dining — outdoor dining only • Curfews In light of this challenging situation, Mayor Ginny Dickey is considering an emergency proclamation temporarily prohibiting public gatherings and special events over 25 people. While Mayor Dickey has the authority to issue an emergency proclamation to address the emergency situation, including limiting public gatherings and special events, she is seeking Town Council discussion and guidance on the matter before issuing an emergency proclamation. The timing of this item is critical since a number of high profile events are scheduled to occur in February so event organizers will need to know if they need to cancel or postpone their events. Related Ordinance, Policy or Guiding Principle During times of emergencies, Arizona Revised Statutes § 26-307, Arizona Revised Statutes § 26-311, and Town Code 3-5-4(B) authorize the Mayor to issue emergency proclamations with measures in response to emergencies. Risk Analysis Due to the surge in COVID-19 infection rates, special events and public gatherings of 25 people or more may increase infections of residents and visitors as well negatively impact inpatient rates of hospitals at a time when they are already experiencing peak resource demands on medical personnel and facilities. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Based on the surge in COVID-19 cases, staff believes that limitations on public gatherings and special events with over 25 people will be an effective strategy in reducing the spread of the COVID-19 virus in our community. SUGGESTED MOTION This item is for discussion only. No motion is necessary. Attachments Greater Phoenix Leadership Health Task Force Letter Executive Order 2020-59 Executive Order 2020-43 Form Review Inbox Reviewed By Date Finance Director David Pock 12/24/2020 10:10 AM Town Attorney Aaron D. Arnson 12/28/2020 08:37 AM Town Manager (Originator) Grady E. Miller 12/28/2020 09:04 AM Form Started By: Grady E. Miller Started On: 12/17/2020 03:55 PM Final Approval Date: 12/28/2020 � BlueCross BlueShield.rl+� Banner HealthArizona Cigna. �q Dignity Health. Avg Arixuna Hopial nd Lua Nsw Ct"Bw SWd+atm Hcallhnm Assacfatlan PHOENIX FLINN ■ ■ Envision ®CHILDREN'S FOUNDATION 0 0 PHYSICIAN SERVICES tgery-13 Trrl 'IFSr �eaValleywise VaalYst'�: HEALTHCARE ALLIANCE" UnitedHealthcareR Hlt HEALfH / H"OIJNOATIotV a December 3, 2020 Dear Mayor Dickey, The Greater Phoenix Leadership (GPL) Health Sector Task Force was formed earlier this year to mitigate the impact of COVID-19 on Arizonans. We thank you for the work you have done this year to protect Arizonans from this devastating pandemic. COVID viral transmission is increasing at an alarming rate and will push Arizona hospitals beyond capacity this month, according to a recent study'. The same study estimates an additional 600-1200 deaths will occur in Arizona by February if more aggressive public safety measures are not taken. Hospital CEOs of the GPL Health Sector Task Force are seeing this escalation, first-hand, in their own hospitals and recommend immediate actions to suppress the spread. The Chief Clinical Officers of the major Arizona hospital systems shared a list of recommended actions with Arizona Department of Health Services Director, Dr. Cara Christ, this week (attached) and we are writing to support that request. Specifically, we believe the following actions are needed: • No gatherings over 25 people • Mask wearing in public • No indoor restaurant and bar dining — outdoor dining only • Curfews We recognize the State has not granted authority to cities to do any of the above, but ask for whatever support you can provide to back these additional public health measures. We will be holding a press conference next week, and, would greatly appreciate your participation. More details will be forthcoming. We are so close to vaccine availability — we must continue our diligence to prevent deaths so close to the vaccine finish line. We thank you for the efforts you have taken to date to help Arizonans deal with this health crisis. As business executives ourselves, we understand the tenuous balance between economic health and physical health. We believe the above actions can preserve both. Sincerely, Greater Phoenix Leadership Health Task Force Peter Fine President and CEO Banner Health Pam Kehaly President and CEO Blue Cross Blue Shield of Arizona — Vex �_ Kim Shepard Market President, Arizona Cigna dlw� 42?4-- Linda Hunt Sr. VP Operations and CEO, Arizona Dignity Health Z414Y1PV7_ Dr. Aubrey Maze West Group President Envision Physician Service 1��_ Ae_0�71 Tammy McLeod President and CEO Flinn Foundation Todd LaPorte CEO Honor Health Cc: Dr. Cara Christ Robert Meyer President and CEO Phoenix Children's Hospital Dr. Jeffrey Trent President and Research Director Translational Genomics Research Institute David McIntyre President and CEO TriWest Healthcare Alliance IlvCaltX1,- Ie4,f j-C Heather Kane CEO United Healthcare Stephen A. Purves President and CEO Valleywise Health 9 Suzanne Pfister President and CEO Vitalyst Heath Foundation Health Sector Task Force Guest: r Ann -Marie Alameddin President and CEO Arizona Hospital and Healthcare Association 1. COVID-19 Modeling Update for Arizona and Maricopa County, Nov. 2020 December 1, 2020 Dr. Cara Christ Director Arizona Department of Health Services Dr. Christ, As the clinical leaders of the major health systems in Arizona, we are increasingly concerned that widespread transmission of COVID in the state is likely to severely strain, and potentially outstrip, available healthcare resources within the coming 2-3 weeks. Multiple predictive models included in Appendix have been reviewed by Arizona CMOs, and all are in agreement with data that shows we are approaching a life -threatening COVID-19 surge. Certain parts of the state are already at capacity. We greatly appreciate the partnership and collaboration from your office to help us evenly distribute patients, and the additional funding and assistance provided to support health system staffing needs. Given rapidly rising case counts and increasing hospitalizations, staff exposure to community spread, and new genomic evidence suggesting more rapid transmission is occurring, we feel swift action is necessary. We want to prevent Arizona hospitals from reaching crisis levels of care, avoid preventable deaths from COVID and keep children in school. Mitigation efforts take at least 2 weeks to begin to have an effect as illustrated in Appendix Figure D. We believe it is imperative that the Governor's office implement enforceable measures to limit the spread and save the lives of Arizonans. It is our strong recommendation that these should be put in place within the next 72 hours, remain in place for 30 days and then be reassessed. • Stop indoor dining • No gatherings >25 persons o encourage and support enforcement for local ordinances o reassess previously approved gatherings/permits o post restrictions in an easily identifiable location on municipality websites • Stop group athletic activities, including club sports • Bi-directional COVID-19 roadmap execution and enforcement —for reopenings and closings • Curfew after 10 pm These additional efforts would be in conjunction with those mitigation efforts that we know work: masking, social distancing, washing hands, and staying home when ill. We have based these recommendations on a review of clinical evidence and recent meta -analysis of governmental actions that show these measures are highly effective in mitigating the spread of COVID- 19 (https://www.nature.com/articles/s41562-020-01009-0). Given the impending roll out of effective COVID-19 vaccines, we believe there is clear benefit that will come from avoiding illness and its long- term effects, despite the near -term hardships that these measures may cause. A healthy workforce and population are essential ingredients for a strong economic recovery. If fewer Arizonans are infected with COVID-19, we believe the state's financial prosperity can rebound more quickly and we can collectively return to a more normal lifestyle. While some individuals may choose to ignore restrictions, the majority will follow the rules without an elaborate enforcement mechanism. Strong messaging from the Governor's office and ADHS will create a sense of urgency. Please help us, as the healthcare leaders of your state, to bridge this gap until the vaccine can be widely available to the public. This has been a long road for us all, but there is hope on the horizon. Sincerely, Dr. Marjorie Bessel rrYV3 Chief Clinical Officer Banner Health Dr. Keith Frey A�4-1�-- Chief Medical Officer - Arizona Division Dignity Health Dr. Mark Carroll K4.1. Chief Medical Officer Health Choice Arizona Dr. Stephanie Jackson W Senior Vice President, Chief Clinical Value Officer Honor Health Dr. Alyssa Chapital -A - Hospital Medical Director Mayo Clinic Dr. Rick Anderson Chief Medical Officer Tucson Medical Center Dr. Michael White t Executive Vice President, Chief Clinical Officer Valleywise Health Dr. Anthony Torres Aq— Chief Medical Officer Yavapai Regional Medical Center GOVERNOR DOUGLAS A. DUCEY STATE OF ARIZONA EXECUTIVE ORDER Executive Order 2020-59 Further Mitigation Requirement for Events WHEREAS, on March 11, 2020, pursuant to A.R.S. §§ 26-303 and 36-787, I, as Governor of the State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the spread of COVID-19; and WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services (ADHS), based on an epidemiological assessment of Arizona specific data and in alignment with the Centers for Disease Control and Prevention (CDC) guidance, recommended the State implement enhanced mitigation strategies which are continuing; and WHEREAS, on May 12, 2020, Executive Order 2020-36, Stay Healthy, Return Smarter, Return Stronger, was issued outlining requirements for businesses to assist in mitigating the spread of COVID-i9 as they reopened and mandated that businesses adopt policies consistent with guidance from the CDC and the ADHS; and WHEREAS, on June 29, 2020, Executive Order 2020-43, Pausing ofArizona' Reopening, was issued to slow the spread of COVID-19 that Arizona was facing over the summer by limiting the operation of certain businesses where crowds were congregating and persons were participating in activities that were identified as high -risk for COVID-19 transmission; and WHEREAS, on July 9, 2020, Executive Order 2020-47, Reducing the Risk, Slowing the Spread, was issued to decrease the congregation of people by limiting the capacity of restaurants; and WHEREAS, on July 23, 2020, Executive Order 2020-52, Continuation of Executive Order 2020-43, was issued to continue the decrease in transmission that Arizona had seen after limiting capacity of restaurants and limiting activities that posed a high risk of COVID-19 transmission; and WHEREAS, as of December 2, 2020, there have been 340,979 diagnosed cases of COVID-19 in Arizona including 6,739 deaths, and the State is again seeing an increase in the number of cases and hospitalizations; and WHEREAS, the increased case numbers and hospitalizations represent increases like those seen this past summer that necessitated the need for an increased focus on precautionary measures by both businesses and individuals; and WHEREAS, data has shown that community spread continues to grow and is increasing among all age categories; and WHEREAS, health care providers in our state are being strained again by the spread of COVID-19 throughout our community with decreasing availability of hospital beds and intensive care unit beds; and WHEREAS, although mask mandates and limitations on capacity of businesses have had a demonstrable effect on containing the spread in the past, they are no longer sufficient to keep COVID-19 from growing and additional measures need to be taken to minimize the rate of transmission currently occurring; and WHEREAS, on November 22, 2020, the White House Coronavirus Task Force released the Arizona state report that indicates there is "aggressive, rapid, and expanding community spread across the country, reaching over 2,000 counties;" and WHEREAS, it is necessary to impose additional measures to protect public health and safety and mitigate the strain on our health care providers by slowing the spread of COVID-19; and WHEREAS, A.R.S. § 36-787(A) provides that ADHS is responsible for "coordinating all matters pertaining to the public health emergency response of the state;" and WHEREAS, A.R.S. § 36-787(A)(2) provides that ADHS is responsible for "coordinating public health emergency response among state, local and tribal authorities;" and WHEREAS, on August 10, 2020, the Director of ADHS, under the authority delegated by A.R.S. § 26-307, adopted Emergency Measure 2020-02, which implements requirements for high and medium risk businesses to mitigate the spread of COVID-19; and WHEREAS, A.R.S. § 36-186(5) requires directors of county health departments to "Enforce and observe the rules of the director of the department of health services, the director of the department of environmental quality and the local board of health, county rules and regulations concerning health, and laws of the state pertaining to the preservation of public health and protection of the environment;" and WHEREAS, guidance provided by the CDC and ADHS indicate that large groups pose a greater threat of transmission, especially when individuals in those groups are coming from different areas or regions rather than those that routinely spend time together; and WHEREAS, Arizona is committed to containing the spread of COVID-19. NOW, THEREFORE, 1, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of this state including A.R.S. §§ 26-303 and 36-787, hereby order as follows: 1. Effective December 3, 2020, paragraph 1 of Executive Order 2020-43 and any extension under Executive Order 2020-52, is amended as follows: Organized public events of more than 50 people are prohibited unless the city, town or county in unincorporated areas has determined that adequate safety precautions which are consistent with the guidance issued by both the CDC and ADHS for mitigating the spread of COVID-19 are documented as part of the request. Prior to approval by the city, town or county the organizer shall commit to implementation and enforcement by event organizers. Additionally, if the event is approved, the city, town or county shall dedicate reasonably adequate resources to enforcing mitigation measures that the organizer has agreed to implement during the organized public event and any public health requirements currently applicable in the jurisdiction. A city, town or county in unincorporated areas may deny a request for an organized public event due to public health concerns related to COVID-19. Any approval may be subject to certain conditions or restrictions not inconsistent with this or any other executive order. Nothing in this order shall inhibit a person from engaging in constitutionally protected activities such as speech and religion, and any legal or court process provided that such is conducted in a manner that provides appropriate physical distancing to the extent feasible. 2. For organized public events that have been approved by a city, town or county, the jurisdiction shall publicly post the mitigation measures that the event organizer is required to implement and enforce on the jurisdiction's website and submit a copy to ADHS. 3. Effective December 3, 2020, paragraph 2 of Executive Order 2020-43 and any extension under Executive Order 2020-52, is amended as follows: If a city, town or county in an unincorporated area has approved an organized public event for more than 50 people pursuant to this order, the Arizona Department of Liquor Licenses and Control (DLLC) may issue a series 15, Special Event License or series 16, Festival/Fair License for the event. If the event has not been approved, the DLLC shall not issue the license. If the event does not require approval of the local jurisdiction due to size or nature of the event, DLLC shall require an applicant for a series 15, Special Event License or series 16, Festival/Fair License to submit an attestation acknowledging that public health requirements issued by ADHS will be followed by attendees and enforced by event organizers prior to issuing the license. 4. The remainder of Executive Order 2020-43, as extended and supplemented, remains in effect 5. In addition to penalties and enforcement provided by A.R.S. § § 26-316 and 26-317, failure to comply with this order and any other guidance issued by ADHS related to precautions to mitigate the spread of COVID-19 shall constitute a public nuisance dangerous to the public health pursuant to A.R.S. § 36-601(A) and action is authorized and shall be taken to abate the nuisance by the county health inspectors pursuant to A.R.S. § 36-183.06 or other law enforcement or state agencies as mandated by the Director of ADHS, including the immediate closure of such facility, pursuant to A.R.S. § 26-303(E)(2). 6. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. This order shall remain in place until further notice, and shall be reconsidered for repeal or revision every two weeks. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona. �- li. qulr_� GOVERNOR DONE at the Capitol in Phoenix on this 2nd day of December in the year Two Thousand and Twenty and of the Independence of the United States of America the Two Hundred and Forty -Fifth. ATTEST: Secretary of State GOVERNOR DOUGLAS A. DUCEY STATE OF ARIZONA EXECUTIVE ORDER Executive Order 2020-43 Pausing of Arizona's Reopening Slowing the Spread of COVID-19 WHEREAS, on March 11, 2020, pursuant to A.R.S. § § 26-303 and 36-787, I, as Governor of the State of Arizona, issued a declaration of a Public Health State of Emergency due to the necessity to prepare for, prevent, respond to, and mitigate the spread of COVID-19; and WHEREAS, on March 30, 2020, the Director of the Arizona Department of Health Services (ADHS), based on an epidemiological assessment of Arizona specific data and in alignment with the Centers for Disease Control and Prevention (CDC) guidance, recommended the State implement enhanced mitigation strategies which are continuing; and WHEREAS, on May 12, 2020, Executive Order 2020-36, Stay Healthy, Return Smarter, Return Stronger, was issued outlining requirements for businesses to assist in mitigating the spread of COVID-19 as they reopened and mandated that businesses adopt policies consistent with guidance from the CDC and the ADHS; and WHEREAS, as of June 28, 2020, there have been 73,908 diagnosed cases of COVID-19 in Arizona including 1,588 deaths, and the State is seeing an increase in the number of cases and hospitalizations; and WHEREAS, the increased case numbers and hospitalizations also necessitate the need for an increased focus on precautionary measures by both businesses and individuals; and WHEREAS, data has shown that community spread continues to grow at an exponential pace and is greatest among the demographic of 20-44 year olds; and WHEREAS, there has not been sufficient time for mask mandates and limiting groups to have a demonstrable effect on containing the spread and additional measures need to be taken to ensure quicker containment; and WHEREAS, it is necessary to impose additional measures to protect public health and safety and mitigate the strain on our health care providers by slowing the spread of COVID-19; and WHEREAS, in taking such critical measures to protect public health there will be direct economic consequences for businesses across the State of Arizona that provide employment for many Arizonans, including bars and restaurants; and WHEREAS, A.R.S. § 4-203, allows "[a] spirituous liquor license... [to] be issued only after satisfactory showing of the capability, qualifications and reliability of the applicant and, with the exception of wholesaler, producer, government or club licenses, that the public convenience requires and that the best interest of the community will be substantially served by the issuance." ; and WHEREAS, due to community spread of COVID-19, the state will not be substantially served by the issuance of certain liquor licenses; and WHEREAS, Arizona is committed to containing the spread of COVID-19. NOW, THEREFORE, I, Douglas A. Ducey, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of this state including A.R.S. §§ 26-303 and 36-787, hereby order as follows: Effective June 29, 2020, organized public events of more than 50 people are prohibited unless the city, town or county in unincorporated areas has approved the event, and only if adequate safety precautions are implemented, including physical distancing measures. A city, town or county in unincorporated areas may deny a request for an organized event due to public health concerns related to COVID-19. Any approval may be subject to certain conditions or restrictions not inconsistent with this or any other executive order. Nothing in this order shall inhibit a person from engaging in constitutionally protected activities such as speech and religion, and any legal or court process provided that such is conducted in a manner that provides appropriate physical distancing to the extent feasible. 2. The Department of Liquor Licenses and Control shall cease issuing series 15, Special Event licenses and series 16, Festival/Fair licenses for the period of June 29, 2020 through July 27, 2020. 3. Notwithstanding any other law or executive order, effective at 8:00 pm on Monday, June 29, 2020, the following establishments shall pause operations until at least July 27, 2020, unless extended: a. Bars, meaning an entity who holds a series 6 or 7 liquor license from the Department of Liquor Licenses and Control and whose primary business is the sale or dispensing of alcoholic beverages. These entities may continue serving the public through pick up, delivery, and drive-thru operations as provided for series 12 liquor licenses in Executive Order 2020-09, Limiting The Operations Of Certain Businesses To Slow The Spread Of COVID-19. b. Indoor gyms and fitness clubs or centers. c. Indoor movie theaters. d. Water parks and tubing operators. 4. Pools may continue to operate as follows: a. Pools operated as part of a public accommodation, such as those at hotels but not those at multi -housing complexes, shall prohibit groups larger than 10 from congregating together in or near the pool. b. Privately owned pools located in public areas such as those at multi -housing complexes or other privately owned facilities may continue to be open provided that signage is included at all entrances to the pool reminding people to maintain physical distance and that groups larger than 10 should not congregate. 5. To receive authorization to reopen, entities shall complete and submit a form as prescribed by the Arizona Department of Health Services that attests the entity is in compliance with guidance issued by ADHS related to COVID-19 business operations. The form shall also be posted in an easily visible public place on the entity's premises. ADHS shall provide information to the public on those entities that have submitted such attestations on its website. 6. A local governmental jurisdiction shall have the authority to take immediate action against an entity that operates without submitting the prescribed attestation to the Arizona Department of Health Services. Notwithstanding any other law or executive order, this executive order allows law enforcement and any regulatory agency, pursuant to their regulatory authority, to take immediate enforcement action against any business that fails to follow this Executive Order or any guidance issued by the Arizona Department of Health Services relating to COVID-19 for the protection of the public health, safety and welfare up to and including summary suspension for any license that the business holds. 8. If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. 9. This order shall remain in place until further notice, and shall be reconsidered for repeal or revision every two weeks after July 27, 2020. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona. I i 1 GOVERNOR DONE at the Capitol in Phoenix on this twenty-ninth day of June in the year Two Thousand and Twenty and of the Independence of the United States of America the Two Hundred and Forty -Fourth. ATTEST: Secretary of State