Loading...
HomeMy WebLinkAbout2021.1005.TCRM.Agenda.Packet       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Alan Magazine Councilmember Gerry Friedel Councilmember Sharron Grzybowski Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, OCTOBER 5, 2021 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment 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.         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).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION: Stellar Students of the Month for September 2021     B.PROCLAMATION: October as Domestic Violence Awareness Month     C.PROCLAMATION: October as Fire Prevention Month     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     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.     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 AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting      Town Council Regular Meeting of October 5, 2021 2 of 4   A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of September 21, 2021.      B.CONSIDERATION AND POSSIBLE ACTION: Approving two Special Event Liquor License applications for the Fountain Hills VFW Post 7507 for beer gardens in two separate locations in conjunction with the Fountain Festival of Arts and Crafts on November 12-14, 2021.     C.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Arizona Parks and Recreation Association (APRA) for a beer garden in conjunction with the APRA Conference social on November 2, 2021.     D.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2021-33 - A resolution of the Mayor and Town Council of Fountain Hills, Maricopa County, Arizona, approving the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated October 5, 2021.     8.REGULAR AGENDA     A.CONSIDERATION and POSSIBLE ACTION: Supporting legislative and congressional district boundaries with Fort McDowell Yavapai Nation as part of the Arizona Independent Redistricting Commission's public input process.     B.CONSIDERATION AND POSSIBLE ACTION: Approving Cooperative Purchasing Agreement 2021-054 with Econolite Control Products, Inc, for Traffic Signal Controllers.     C.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment #1 to Cooperative Purchasing Agreement 2018-093 with Wood Environment & Infrastructure for storm water support services.     D.CONSIDERATION AND POSSIBLE ACTION: Approving Amendment No.1 to Cooperative Purchasing Agreement C2021-052 with Climatec, LLC, for Security Cameras.     E.CONSIDERATION AND POSSIBLE ACTION Approving the reauthorization of Capital Improvement Project F4036 for Fire Alarm Control Panels in the Community Center and Library/Museum and approving any necessary budget transfers.     F.CONSIDERATION AND DISCUSSION: Options for possible amendment to Section 11-1-7, Noise, of the Town Code.      9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER      Town Council Regular Meeting of October 5, 2021 3 of 4   Town Council Regular Meeting of October 5,2021 4 of 4 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. Da ed this day of 6(ANSA--- ,2021. (b141,67/---- cx.Nte.\•6. Elizabett A. Klein, MMC,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice) or 1-800-367-8939(TOD)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. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Reports 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: October as Domestic Violence Awareness Month Staff Summary (Background) Mayor Dickey will be proclaiming October as Domestic Violence Awareness Month. In an effort to promote awareness to our residents and visitors about the importance of preventing domestic violence, the Town of Fountain Hills will be illuminating Town Hall and the fountain with a purple hue during the month of October.   Attachments Proclamation - Domestic Violence Awareness Month  Form Review Inbox Reviewed By Date Finance Director David Pock 09/08/2021 02:50 PM Town Attorney Aaron D. Arnson 09/13/2021 02:56 PM Town Manager Grady E. Miller 09/13/2021 04:13 PM Form Started By: Angela Padgett-Espiritu Started On: 09/08/2021 02:40 PM Final Approval Date: 09/13/2021  ITEM 4. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Reports 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: October as Fire Prevention Month Staff Summary (Background) Mayor Dickey will be proclaiming October as Fire Prevention Month. Attachments Proclamation - October as Fire Prevention Month  Form Review Inbox Reviewed By Date Finance Director David Pock 09/20/2021 02:28 PM Town Attorney Aaron D. Arnson 09/20/2021 03:36 PM Town Manager Grady E. Miller 09/20/2021 05:27 PM Form Started By: Angela Padgett-Espiritu Started On: 09/20/2021 09:55 AM Final Approval Date: 09/20/2021  ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of September 21, 2021.  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 Special Meeting of September 21, 2021. SUGGESTED MOTION MOVE to approve the minutes of the Special Meeting of September 21, 2021. Attachments 2021.0921.TCSMES.Minutes  Form Review Form Started By: Elizabeth A. Klein Started On: 09/20/2021 05:44 PM Final Approval Date: 09/20/2021  TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 21, 2021            1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of September 21, 2021, to order at 4:32 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Mike Scharnow; Councilmember Gerry Friedel (telephonically); Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember David Spelich (telephonically) Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically); Town Clerk Elizabeth A. Klein 3.RECESS INTO EXECUTIVE SESSION    MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski to recess into Executive Session.  Vote: 7 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:32 p.m.   A.Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. §38-431.03(A)(3).   i.Possible development at Shea Blvd. and Palisades Blvd.   ii.Possible redevelopment of a portion of Four Peaks Plaza.          5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 5:06 p.m. at which time the Special Meeting of September 21, 2021, adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Klein, Town Clerk Town Council Special Meeting of September 21, 2021 2 of 2 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION: Approving two Special Event Liquor License applications for the Fountain Hills VFW Post 7507 for beer gardens in two separate locations in conjunction with the Fountain Festival of Arts and Crafts on November 12-14, 2021. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the two Special Event Liquor License applications 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 the final issuance of a liquor license as well as approval to hold the Fountain Festival of Arts and Crafts on November 12014, 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. 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 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 N/A 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 Attachments G:\Special Events\Liquor Apps\2021  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 09/13/2021 04:53 PM Finance Director David Pock 09/27/2021 10:41 AM Town Attorney Aaron D. Arnson 09/27/2021 10:47 AM Town Manager Form Started By: Linda Ayres Started On: 09/13/2021 01:52 PM ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION: Approving a Special Event Liquor License application for the Arizona Parks and Recreation Association (APRA) for a beer garden in conjunction with the APRA Conference social on November 2, 2021. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Rainie Krahn, representing the Arizona Parks and Recreation (APRA) for submission to the Arizona Department of Liquor. The applicant and APRA are keenly aware that the final issuance of a liquor license as well as approval to hold the APRA Conference Social on November 2, 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 APRA understand that Desert Vista park may not be able to serve as the venue and that the APRA Conference Social event is subject to cancellation.  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 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 N/A 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. Attachments G:\Special Events\Liquor Apps\2021  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 09/27/2021 10:38 AM Finance Director David Pock 09/27/2021 10:41 AM Town Attorney Aaron D. Arnson 09/27/2021 10:47 AM Town Manager Form Started By: Linda Ayres Started On: 09/14/2021 11:50 AM From:Alie Muller-Heit To:Linda Ayres Subject:Re: APRA Social Date:Tuesday, July 20, 2021 10:29:31 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png  This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe. Yes, we plan to work on transportation. Thanks Linda! Alie Muller-Heit | Communications and PR Manager Musco Lighting | O: 641.676.2091 | M: 641.670.1860 Twitter | Facebook | Linkedin | YouTube | Musco.com From: Linda Ayres <layres@fh.az.gov> Date: Tuesday, July 20, 2021 at 12:26 PM To: Alie Muller-Heit <alie.muller-heit@musco.com> Subject: RE: APRA Social Ok Just keep in mind, you will have little to no attendance if alcohol isn’t a part of the social. Getting a special event liquor license isn’t too complicated and you would work with Fountain Hills on that. Another thing to keep in mind is APRA requires that transportation is provided if we are having a social with alcohol offsite so we don’t encourage drinking and driving. Thanks! Linda Ayres, CPRP Recreation Manager Town of Fountain Hills p: (480) 816-5170 m: (602) 900-1391 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: layres@fh.az.gov Follow Us On: From: Alie Muller-Heit <alie.muller-heit@musco.com> Sent: Tuesday, July 20, 2021 10:23 AM To: Linda Ayres <layres@fh.az.gov> Subject: Re: APRA Social  This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe.   I think the group is trying to figure it out who could get an alcohol licenses. Alie Muller-Heit | Communications and PR Manager Musco Lighting | O: 641.676.2091 | M: 641.670.1860 Twitter | Facebook | Linkedin | YouTube | Musco.com From: Linda Ayres <layres@fh.az.gov> Date: Tuesday, July 20, 2021 at 12:20 PM To: Alie Muller-Heit <alie.muller-heit@musco.com> Subject: RE: APRA Social Are you planning on alcohol? Linda Ayres, CPRP Recreation Manager Town of Fountain Hills p: (480) 816-5170 m: (602) 900-1391 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: layres@fh.az.gov Follow Us On: From: Alie Muller-Heit <alie.muller-heit@musco.com> Sent: Tuesday, July 20, 2021 10:11 AM To: Nick Mauer <nick.mauer@musco.com>; Linda Ayres <layres@fh.az.gov> Subject: Re: APRA Social  This message originated from outside the organization. Do not click links or open attachments unless you have verified the sender and know the content is safe.   Hi Linda, We are thinking of hosting the event on Desert Vista, next to the skate park and having bbq for supper. Alie Muller-Heit | Communications and PR Manager Musco Lighting | O: 641.676.2091 | M: 641.670.1860 Twitter | Facebook | Linkedin | YouTube | Musco.com From: Nick Mauer <nick.mauer@musco.com> Date: Tuesday, July 20, 2021 at 9:40 AM To: Linda Ayres <layres@fh.az.gov> Cc: Alie Muller-Heit <alie.muller-heit@musco.com> Subject: RE: APRA Social Hi Linda, I am copying in my Manager Alie, she will be able to give you a better update on where we are at. Thanks! Nick Mauer Musco Lighting From: Linda Ayres <layres@fh.az.gov> Sent: Tuesday, July 20, 2021 9:34 AM To: Nick Mauer <nick.mauer@musco.com> Subject: APRA Social Nick, I have a conference committee meeting today. Is there anything you would like me to update regarding the social? I understand you are looking at doing it at Desert Vista with the Mini Pitch. Thanks! Linda Ayres, CPRP Recreation Manager Town of Fountain Hills p: (480) 816-5170 m: (602) 900-1391 a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 w: www.fh.az.gov e: layres@fh.az.gov Follow Us On: ​Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. ​Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. ​Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2021-33 - A resolution of the Mayor and Town Council of Fountain Hills, Maricopa County, Arizona, approving the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated October 5, 2021. Staff Summary (background) Standardization of the Board/Commission appointment process took place in September 2019 through adoption of Resolution 2019-46. At that time, changes were made to streamline the appointment process by having the terms of all board/commission members expire in either April or October of their respective year. While this has reduced the number of times the two Council subcommittees need to meet for interviewing applicants, it has increased the length of those meetings. During the last interview process, it was suggested that the subcommittees may want to rank and place the remaining applicants on an eligibility list who were not selected.  This would make it more expeditious to fill vacancies with the top ranked applicants until the term expires. This is the only change being recommended for the appointment process at this time. The proposed change is on the last page of the Rules of Procedure under Section 9.5G, and would allow a subcommittee to rank remaining candidates for a vacancy that should occur within 12 months of the last interview process. This would not be a requirement, but if the subcommittee found that they had several qualified applicants, this would be an option for them to consider. 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 2021-33. SUGGESTED MOTION MOVE to adopt Resolution 2021-33. Attachments Res 2021-33  Res 2021-33 Exhibit A - Rules of Procedure 10/05/21  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 09/20/2021 05:26 PM Finance Director David Pock 09/20/2021 05:31 PM Town Attorney Aaron D. Arnson 09/22/2021 08:41 AM Town Manager Grady E. Miller 09/22/2021 09:49 AM Form Started By: Elizabeth A. Klein Started On: 09/20/2021 03:25 PM Final Approval Date: 09/22/2021  RESOLUTION NO. 2021-33 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING THE TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED OCTOBER 5, 2021 ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. That the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated October 5, 2021, are hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That 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 the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 5th day of October, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ __________________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ____________________________________ __________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION 2021-33 PAGE 2 EXHIBIT A TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE AMENDED AND RESTATED OCTOBER 5, 2021 Page 1 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition , by O. Garfield Jon es D. Roberts Rules of Order, 10th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. Page 2 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered l ess than 24 hours prior to the public meeting, unl ess otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda Packet is organized as set forth in the Order of Business in Section 5 below and is made available electronically to the Council or to any citizen on the Town's website: www.fh.az.gov by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda 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 by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such Page 3 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council Rules. 2.9 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. With a seven-member body, a quorum is four members, unless otherwise specifically authorized by State law. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. Page 4 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting. In the case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such work session, other than general consensus or conveying direction to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." Page 5 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordation of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State law. The Town Clerk or designee shall ensure that the minutes of all regular, and special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Web Site, www.fh.az.gov within two working days following their approval, or as provided by State law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law. Page 6 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall and the Town's website [www.fh.az.gov]. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all meetings of the Council as set forth below. Agendas of all meetings of the Council shall generally be available to the public no less than 72 hours prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting. Agendas and agenda packet materials are made available through the Town's web site. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head which shall be substantially the same as the Council agenda submittal process): 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) provided to the Town Clerk for submittal to the Town Manager not later than two business days prior to agenda packet preparation day (the Tuesday prior to meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or three Councilmembers may direct the Town Manager through a written request to place an item on an agenda for action. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by including appropriate documentation. Page 7 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 4. Citizen or Group: A citizen or group may apply to have an item placed on the agenda as follows: a. Obtain a "Scheduled Public Appearance/Presentation" form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the agenda packet. If the Town Manager determines that the subject should not be placed on the agenda, an individual wishing to have an item on the agenda as a "Scheduled Public Appearance" may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the agenda, and submit that request to the Town Manager. c. The Town Manager may postpone the requested appearance/ presentation date, if additional staff time is needed to research a proposed agenda item. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine calendar days prior to regular and special meetings to ensure timely delivery to Councilmembers. 2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m., not less than seven calendar days prior to the meeting to ensure timely delivery to Councilmembers. 3. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 4. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 48 hours prior to the meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: Page 8 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 1. Submission by a Councilmember, the Town Manager or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to state law. 4. The Town Attorney shall advice the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 72 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72 hour posting deadline will be announced by the Mayor at the beginning of the meeting at which the item was scheduled. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, not less than 72 hours prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website: www.fh.az.gov and made available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior to the designated meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. Page 9 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) Scheduled Public Appearances/Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 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 pu blic, individua l Councilmembers may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that the matter be placed on a future Council agenda. Consen t Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of th ese items unless a Councilmember or member of the public so requests. If a Council member or member of th e 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 t he Town Manager or Mayor Page 10 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered in its normal sequence on th e agenda. Action Items (grouped by subject to the extent possible) Council Request for Information From Town Manager Adjournment All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to th e Mayor's far left. B. Reports by Mayor, Councilmembers and Town Manager The Mayor may u se Reports to read proclamations or conduct other ceremonial matters as listed on the posted agenda and reports may be given by the Mayor, Councilmembers and Town Manager on current events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the reports.) C. Scheduled Public Appearances/Presentations. The process set forth in Subsection 4.2(B) (4) above applies to members of the public or groups wishing to place an item on the agenda under "Scheduled Public Appearances/Presentations". If the request is approved by the Town Manager, the item will appear on the agenda. The Town Manager shall endeavor to limit the total time for such presentations to ten minutes individually and 30 minutes collectively per Council meeting. Councilmembers may use "Scheduled Public Appearances/Presentations" section to provide an update of official activities, as listed on the posted agenda. D. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item. Page 11 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 2. All citizens and interested parties wishing to speak before the Council shall fully complete a Request to Comment form (Request Form). Request forms submitted by those who indicate they will not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against" relating to the item indicated on the request forms. The Town Clerk wi ll announce the number of cards received, if any, and number received per category. 3. At the conclusion of each citizen's comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light will signal that there is no longer any remaining time. E. Consent Agenda 1. The Consent Agenda includes items that are of such a nature that discussion is not requ ired, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question w it hout removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided under Section 1.4 (Suspension of the Rules) above. F. Action Items. 1 . At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or author ized designee, will t hen call the request forms of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete request forms and subm i t the forms to Page 12 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 the Town Clerk , or authorized designee, prior to Council discussion of that agenda item. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed request forms will be retained by the Town Cl erk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be summarized and included in the meeting minutes. Speakers will be called in the order in wh ich the request forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. The purpose of all public comments is to provide information and the speaker 's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember sha ll engage in debate directly with such speakers, representatives or Town staff. 4. Proper decorum, in accordance with Section 6.4 below, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep contro l of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 5. Generally, agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: Page 13 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. c. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. d. The Presiding Officer may t hen call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. e. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. g. Ten collated sets of written or graphic materia ls should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8”x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 6. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 7. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council Request for Information from Town Manager. The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. Page 14 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 H. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all ot her speci al meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed - explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by th e Mayor and Council to do so. The Presidin g Officer may limit or end the time for such presentations. The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-dept h discussion and study of specific subjects. Public co mmen t is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if inv ited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Page 15 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 Agenda Items for Discussion (Items Numbered for Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in h is/her absence, by the Vice-Mayor). In the absence of both the Mayor and V ice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTI CIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of th e rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primari ly responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each question immediately prior to calling for discussion and the vote. Following th e vote, the Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work session s or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. Th e Presiding Officer shal l determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, f ollowing a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum 1. Councilmembers: Any Councilme mber desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Offi ce r, may speak. Page 16 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells sha ll not be permitted by the Presidin g Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may e nd the speaker's tim e at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from th e meeting th e person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, th e Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the meeting at least 48 hours prior to the meeting. B. Notation on Agenda. Th e notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephon e conference call." C. Public Access . Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. Page 17 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seatin g area of the Council Chamber. At the podium , the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non- agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above. 2. The Presidin g Officer may limit the number of speakers heard on non- agenda topics at any s ingle meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a sing l e topic, the Presi ding Officer m ay limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend li mits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion Page 18 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 3. Mot ion to Postpone Indefinitely: A motion to postpone indefinite ly i s used to dismiss an item on t he agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main questi on is immediately pending (a m otio n and second i s on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enabl es the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to tabl e shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, th e matter may be "taken from the table" at any tim e prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion sha ll be used to limit or close debate on , or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to am end an amendm ent on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if appli cable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a publi c hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. Page 19 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 E. Voting Procedure . After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1 . Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilm ember, th e vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstain ed due to declared Conflict of Interest" in the officia l minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Councilmember fail to vote or offer a voluntary abstention, his/h er vote shall be counted wit h the majority of votes cast, unless the Counci lmember's vote is excused by the State l aw; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. R econsideration: Any Councilmember who voted wit h the majority may move a reconsideration of any action at the same or next regu lar meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk’s Office at least nine days prior to the next regular meeting. After a motion for reconsideration has o n ce been acted upon, no ot her motion for reconsideration thereof shall be made without the unanimous consent of the Council. Page 20 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 4. The affirmati ve vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum stan dards for th e conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or t hose of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest shou ld seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The disclosure of t he conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all docum ents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the member should not otherwise attempt to influence the decision and shou ld remove himself/herself from the Council Chamber, or Page 21 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 other location where a meeting is being held , while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be ent itled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) above encourages participation in the decision making process unless the matter involves a statutory conflict of interest set forth by State law. SECTION 8. CODE OF ETHICS The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's boards, commissions, and committees. In furtherance of t his purpose, we shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. Page 22 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. 8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influ enced in the performance of our official duties. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully inform ed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. Page 23 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 A. Private Employm ent. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate for, or p romise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly , in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money , services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation of other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties . We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be t he appearance of conflict of interest or a conflict of interest 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES. All members of the Council, boards, commissions, or comm ittees shall acknowledge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to et hi cs. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills ' Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. Page 24 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unschedu l ed boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly- scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. McDowell Mountain Preservation Commission 5. Strategic Planning Advisory Commission 6. Sister Cities Advisory Commission 6. Municipal Property Corporation C. Unscheduled. Unscheduled boards, commissions, and committees: 1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees may include a request for: 1. A cover letter of interest. 2. A resume. 3. The application that describes the applicant’s skills, experience, and education background needed to ensure the successful filling of the vacancy. Page 25 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 4. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 5. The consent to executive session form. 6. If a member whose term wi ll be expiring wishes to reapply for an additiona l ter m on the same board, commission or committee, such member is exempt from fi l ing those items listed in Subsections 9.2 (A)(1-4). However, such member shall submit in writing, on a form provided by the Town Clerk that includes a request for the Council's consideration of reappointment in addition to the consent to executive session as listed in Subsection 9.2(A)(5). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 1. The Town's government access channel. 2. Newspaper advertising. 3. The Town website. 4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The downloadable a pplication packet will be placed on the Town's website for public access with hard copies made avai lable to the public through the Customer Service Representative. C. Advert isement Conten ts. Adverti sement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The n umber of vacancies to be filled. 3. A brief description of the board, commission, or committee. 4. A brief description of the qualifications, skills and experience background appli ca nts should possess, if any. 5. An overview of when the board, commission, or committee meets. 6. The deadline for submitting applications. Page 26 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff liaison contact information. 9. The dates of publ ication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk those items as listed in Subsection 9.2(A) above by the published dead l ine. The Town Clerk and Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) bel ow. E. Council Materials. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Town Clerk shall prepare the Staff Report according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board, commission, or committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a board, commission, or committee, the Town Clerk shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Page 27 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification by the Town Clerk outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other board, commission and committee vacancies. K. Appo in tee Orientation. The staff liaison will provide specific details to t he new appointees relative to: (1) their attendance at the "official" board, commission, or committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Council shall review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (typically in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. C. Appointment Timing. The process of application review and interviews will be cond ucted in such a manner as to allow for the appointments to coincide with the term expiration of the current board, commission or committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum quali fications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen yea rs of age or older, for any board, commission, or committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills resident for at l east one year, unless the Counci l specifically waives this time or residency requirement for a specific board, commission or committee. 3. A qualified elector, except youth appointees. Page 28 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those boards, commissions or committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board , commission, or committee is dissolved, un less Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C... Staggered Terms for Larger Boards. For those boards, commissions, and committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board, commission, and committee at one time. E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non -resid ent. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission , or committee meetings. However, the term of all members shall ex tend until their successors are appointed and qualified. Page 29 COUNCIL HANDBOOK Rules of Procedure – 09/03/19 10/05/21 F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or in accordance with Article 2A-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. ONE EXCEPTION TO THIS RULE IS THAT IF A VACANCY SHOULD OCCUR WITHIN TWELVE MONTHS OF A SUBCOMMITTEE’S INTERVIEWING PROCESS FOR SAID BOARD/COMMISSION/COMMITTEE, AND THE SUBCOMMITTEE HAD SUBMITTED A RANKING OF THOSE PREVIOUSLY INTERVIEWED, A RECOMMENDATION MAY BE FORWARDED TO THE MAYOR FOR APPOINTMENT OF THE UNEXPIRED TERM BASED ON SAID RANKING. H. Re-appointment. An incumbent member of a board, commission, or committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk that includes a request for the Coun cil's considera tion of reappointm ent in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application al ready on fil 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and comm ittees are subject to the Ari zona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all boards, commissions or committees shall be residents of the Town. ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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):  CONSIDERATION and POSSIBLE ACTION: Supporting legislative and congressional district boundaries with Fort McDowell Yavapai Nation as part of the Arizona Independent Redistricting Commission's public input process. Staff Summary (Background) Since the 2020 census population figures have been finalized and accepted, it is now necessary for the Independent Redistricting Commission's to redraw Arizona’s congressional and legislative districts.  The concept of one-person, one-vote dictates that districts should be roughly equal in population. Other factors to be considered are the federal Voting Rights Act, district shape, geographical features, respect for communities of interest and potential competitiveness. The Arizona Constitution requires the commissioners – two Republicans, two Democrats and an independent chairperson – to start from scratch rather than redraw existing districts.  A new Arizona Independent Redistricting Commission was appointed in January 2021 to adopt new congressional and legislative districts for Arizona.  Mayor Dickey was recently contacted by the leadership at Fort McDowell Yavapai Nation (Fort McDowell) to enlist Fountain Hills in advocating that our two communities share the same legislative and congressional districts.  Currently, Fountain Hills and Fort McDowell are in Legislative District 23 and Congressional District 6 and wish to continue being represented by the same districts.  Attached is an unsigned letter from President Bernadine Burnette of Fort McDowell and Mayor Dickey that will be signed and sent if the Fountain Hills Town Council supports this initiative.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval of this initiative as it mutually benefits both communities to share the same legislators and member of Congress.    SUGGESTED MOTION MOVE to provide direction and input to the Arizona Independent Redistricting Commission that Fountain Hills and Fort McDowell Yavapai Nation are included in the same legislative and congressional districts following its completion of redistricting in Arizona. Attachments Letter of Support  Form Review Inbox Reviewed By Date Finance Director David Pock 09/22/2021 06:29 AM Town Attorney Aaron D. Arnson 09/22/2021 08:41 AM Town Manager (Originator)Grady E. Miller 09/22/2021 09:48 AM Form Started By: Grady E. Miller Started On: 09/21/2021 06:14 AM Final Approval Date: 09/22/2021  September 20, 2021 Arizona Independent Redistricting Commission (IRC) Erika Neuberg, Commission Chair 1110 W. Washington St., Ste 127 Phoenix, AZ 85007 Dear Mrs. Neuberg: Please accept this letter as the shared views of the Fort McDowell Yavapai Nation (FMYN or Nation) and the Town of Fountain Hills (Fountain Hills) to the ongoing congressional and legislative redistricting process. We sincerely commend the work of the Inde pendent Redistricting Commission and appreciate the time and focus directed toward this important matter. By this letter, the Nation and the Town are express ing our shared desire to remain together in whatever legislative and congressional districts are ultimately adopted. Both FMYN and Fountain Hills have independently and collaboratively developed a well - established place in our state and the Phoenix metropolitan area . We share a common border as well as similar interests. For over two decades, we have worked together to solve collective issues and leverage our resources to address a variety of issues that affect our respective communities. We established longstanding partnerships and developed Intergovernmental Agreements that benefi t our communities in areas such as transportation, infrastructure, telecommunications, and public safety and often share resources including those related to healthcare and economic development. We also share interests and developed partnerships with our neighbor, the City of Scottsdale. It is FMYN’s and Fountain Hill’s position that together, as governing bodies serving our communities’ interests, we constitute a strong community of interest with strong economic ties to our region, and the ability to leverage federal and local resources to the betterment of our respective communities . As a result of our strong partnerships and years of shared investment, we have become a vital and cohesive part of the region and the economy of metropolitan Phoenix. The continued benefit of the partnerships between our communities justifies our mutual inclusion into the same legislative and congressional districts. In closing, we believe the alignments requested would be consistent w ith the six criterion and Arizona Constitutional requirements the IRC must follow in crafting the new district boundaries. As the redistricting process continues, we respectfully encourage the IRC to incorporate our recommendations in future congressional and legislative alignments and final district mapping. We look forward to working with you and your fellow commissioners and would be pleased to provide you with additional information and perspective should the need arise. Sincerely, Bernadine Burnette Ginny Dickey President Mayor Fort McDowell Yavapai Nation Town of Fountain Hills ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION: Approving Cooperative Purchasing Agreement 2021-054 with Econolite Control Products, Inc, for Traffic Signal Controllers. Staff Summary (Background) All thirteen signalized intersections in Fountain Hills had the original controllers replaced in 2010 as part of a Town-wide systems upgrade. The controllers purchased and installed in 2010 have exceeded their intended service life and are no longer manufactured or serviceable.  Technology is constantly changing, and the Town needs to upgrade the operating systems and bring the signalized intersections up to current industry standards.  The equipment requested for purchase will ensure the Town is in compliance with Federal and State mandates. Operating updated equipment will reduce the risk for liability and offers greater reliability of the town's signalized intersections. Staff researched various municipalities to determine the best technology that suits our traffic signal systems. Staff found an existing cooperative contract agreement utilizing the Econolite controllers and other components was recently awarded by Maricopa County.  Due to the high volume of signalized traffic signals managed by the Maricopa County Department of Transportation (MCDOT), staff is confident that the unit pricing is considerably lower than what would have been extended to the Town of Fountain Hills if staff had bid the Econolite controllers on its own.  The cooperative purchasing agreement is in the amount of $52,550.40 and includes one spare controller as a backup.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.  Risk Analysis The existing traffic signal controllers are outdated and parts are not available. Controller failure will result in the traffic signal flashing red in all directions until replacements can be found.  Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends approval.  SUGGESTED MOTION MOVE to approve Cooperative Purchasing Agreement 2021-054 with Econolite Control Products, Inc. in the amount of $52,550.40. Fiscal Impact Fiscal Impact:$52,550.40 Budget Reference:N/A Funding Source:Streets Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Underlying Agreement letter of Award  Underlying Agreement  Vendor quote  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/20/2021 03:07 PM Finance Director David Pock 09/20/2021 03:27 PM Town Attorney Aaron D. Arnson 09/20/2021 03:39 PM Town Manager Grady E. Miller 09/20/2021 06:13 PM Form Started By: Justin Weldy Started On: 09/13/2021 08:42 AM Final Approval Date: 09/20/2021  1 Contract No. 2021-054 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ECONOLITE CONTROL PRODUCTS, INC. THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of October 5th, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Econolite Control Products, Inc., a California corporation (the “Contractor”). RECITALS A. After a competitive procurement process, Maricopa County (“County”) entered into Contract No. 200125-C, dated December 11, 2019, as amended (collectively, the “County Contract”) for the Contractor to provide traffic signal poles and signal components. A copy of the County Contract is 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 and Section 10 of the Town Procurement Policy, to make purchases under the County Contract, at its discretion and with the agreement of the awarded Contractor, and the County 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 County 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 May 17, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the County 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 County 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 2 price adjustments approved as part of the County 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 County 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 County Contract and (ii) be attached hereto as Exhibit C and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the County 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 County 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 $52,550.40 for the Materials at the rates agreed to in the County 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 County 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 3 justify payment. Additionally, invoices submitted without referencing this Agreement and the County 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 ARIZ. 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 4 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. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the County 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 County 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 County 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 County Contract, the Town shall be afforded all of the rights and privileges afforded to the County and shall be “County ” (as defined in the County Contract) for the purposes of the portions of the County 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 the County to the extent provided under the County 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 5 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: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Econolite Control Products, Inc. Dept LA 24173 Pasadena, Ca. 91185-4173 Attn: Lori MacIntyre 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] 6 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. Klein, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) 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 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] 7 “Contractor” Econolite Control Products, Inc. A California corporation, By: __________________________ Name: ________________________ Its: ___________________________ (ACKNOWLEDGEMENT) STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On ________________, 2021, before me personally appeared _____________________, the ________________ of Econolite Control Products, Inc., a Californian corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the limited liability company. ____________________________ Notary Public (Affix notary seal here) 4821-3446-8505, v. 2 EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ECONOLITE CONTROL PRODUCTS, INC. [County Contract] See following pages. EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ECONOLITE CONTROL PRODUCTS, INC. [Pricing/Quote] See following pages. Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 1 4/27/2021 To: Item # Part Qty Description Tariff Price per Extended 1 COB21100110 000 14 COBALT G-SERIES, TS1, NO RECEPTACLE NO DATAKEY, NO COMM CARD $24.00 $3,450.00 $48,300.00 *NOTE: Pricing used from shared Maricopa County contract #: 200125-C tariffs excluded per contract. Justin Weldy Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 USA Quote Name: Paradise Valley Cobalts Project Reference: Econolite Reference: Q-04208-C2Q8 Quote #: SWQ-042721B SubTotal $48,300.00 Shipping & Handling* Approx Taxes** 8.8% $4,250.40 Tariffs** $00.00 TOTAL $52,550.40 EXHIBIT B Quotation 1250 N. Tustin Ave. Anaheim, Ca. 92807 econolite.com/feedback Page 2 Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements. Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times. The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law. Quote Valid For Days: 30 FOB: Econolite Factory Terms: NET30 *Ship Terms: PPD **Taxes and Tariffs Estimated (if included) Lori MacIntyre Lori MacIntyre, Account Manager, Senior Mobile: +1 7143922318 lmacintyre@econolite.com Shipping Date: To be determined at time of receipt of order ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION: Approving Amendment #1 to Cooperative Purchasing Agreement 2018-093 with Wood Environment & Infrastructure for storm water support services. Staff Summary (Background) The Town Council approved Professional Services Agreement 2018-096 with Wood Environment & Infrastructure on October 5, 2018, to assist the Town in the regulatory compliance requirements imposed by the EPA and Arizona Department of Environment Quality's (ADEQ) Small Municipal Storm Sewer System Permit. Under the scope of services in the contract, Wood Environment & Infrastructure provides wet and dry weather monitoring, inspections on municipal facilities and infrastructure, and trains Town staff. Wood Environment & Infrastructure also prepares and maintains documentation of all related activities and compiles reports for the Town’s annual filings to ADEQ. While Wood Environment & Infrastructure handles these activities, Town staff is still responsible for conducting initial construction site inspections for stormwater erosion control, reviewing erosion control plans, and responding to construction site violations. Town staff also responds to all stormwater violations at residential and business locations. Such violations include illegal pool water dumping and chemical or other illicit discharge into the Town's storm water systems. Town staff follows up on areas of violation that are noted on reports and documents all responses and findings. Town Staff are responsible for all documentation requirements regarding the MS4 permit. The Town was audited (see attached report) by ADEQ on Wednesday, May 12, 2021. As a result of the audit and new requirements for inspections, monitoring, mapping, documentation, public outreach, education, reporting and enforcement activities, additional funding is required to amend the agreement with Wood Environment & Infrastructure to perform these services. As a result of these new requirements, staff is requesting that the annual funding be increased by $8,000 annually to $41,270. Related Ordinance, Policy or Guiding Principle EPA/ADEQ Small Municipal Storm Sewer System Permit, (MS4) (AZ2016-002).   Risk Analysis Failure to comply with state and federal requirements can result in legal action and/or fines against the Town of Fountain Hills. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the First Amendment to the Cooperative Purchasing Agreement 2018-093 with Wood Environment & Infrastructure, Inc. SUGGESTED MOTION MOVE to approve the First Amendment to Cooperative Purchasing Agreement 2018-093 with Wood Environment & Infrastructure, Inc. in the amount of $41,270. Fiscal Impact Fiscal Impact:$41,270, $190,350 Budget Reference:N/A Funding Source:Environmental Fund  If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Scope and Fee  Audit Report  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/20/2021 03:06 PM Finance Director David Pock 09/20/2021 03:31 PM Town Attorney Aaron D. Arnson 09/20/2021 03:38 PM Town Manager Grady E. Miller 09/20/2021 05:50 PM Form Started By: Justin Weldy Started On: 09/14/2021 09:53 AM Final Approval Date: 09/20/2021  1 Contract No. 2018-093.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of October 5th, 2021 between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Wood Environment & Infrastructure Solutions, Inc. (formerly AMEC Foster Wheeler Environmental & Infrastructure, Inc.), a Nevada corporation (the “Contractor”). RECITALS A. The Town entered into Contract No. 2018-093, dated May 18, 2018 (the “Agreement”), with the Contractor to provide storm water support services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. C. The Town and the Contractor desire to enter into this First Amendment to increase the compensation authorized by the Agreement for the Additional Materials and Services; and modify the scope of work to provide for certain services on a time & materials basis and update the rate structure as in attached Exhibit B. 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. Compensation. The Town shall pay the Contractor an amount not to exceed $41,270 per year and a maximum amount not to exceed $190,350 (including all renewals) in the aggregate. 2. 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 2 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: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Wood Environment & Infrastructure Solutions, Inc. 4600 E. Washington St., Ste. 600 Phoenix, Arizona 85034 Attn: Rebecca Sydnor 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. 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 Second 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. 3 [SIGNATURES ON FOLLOWING PAGES] 4 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. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney 5 “Contractor” WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. By: Name: Title: 6 EXHIBIT B TO FIRST AMENDMENT TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC. [Additional Scope/Rate sheet] See following pages. ` Page 1 Wood Environment & Infrastructure Solutions, Inc. 4600 East Washington Street, Suite 600 Phoenix, Arizona 85034 T: (602) 733-6000 F: (602) 733-6100 www.woodplc.com August 25, 2021 Professional Services Agreement, No. C2018 -093 Mr. Justin Weldy Town of Fountain Hills 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 RE: Request to continue providing stormwater support activities Dear Mr. Weldy, Per our prior discussions, Wood Environment & Infrastructure Solutions, Inc. (Wood) is submitting this request to continue providing stormwater support services in Fiscal Year 2021 -2022. Per our professional services agreement No. C2018 -093, the annual scope of services includes: • Wet weather monitoring ($9,200), • Dry weather monitoring ($6,240), • Municipal facility inspections ($5,620), • Post-Construction feature inspections ($5,680), • Annual Stormwater Training ($1,520), • Annual report development ($4,500), and • Expenses associated with the tasks above ($610). These services are charged on a lump sum by task basis for a total of $33,270. In addition to the tasks outlined under agreement No. C2018 -093, Wood also request an additional Time and Materials task for as-needed support required by the Town. The focus of this additional task will be follow-on work stemming from the ADEQ Audit performed in 2021 as well as accommodating changes to the Stormwater Management Plan associated with the new Phase 2 Permit expected to be issued in September 2021. Wood requests a budget not to exceed $10,000. Labor will be charged based on the following rate structure: • Project Manager - $160 • Water Quality Specialist - $110 • Administrative - $60 If the Town is amenable to continuing the original scope of service and adding the as-needed task, we respectfully request a letter or notification authorizing the additional year of support. If you have any questions, please contact me at 602.733.6051. Respectfully submitted, Wood Environment & Infrastructure Solutions, Inc. Rebecca Sydnor, PE Project Manager 1 July 15, 2021 Mr. Steven Saeed SWP Inspections & Compliance Arizona Department of Environmental Quality 400 W Congress, Ste 433 Tucson, AZ 85701 Re: Response to Opportunity to Correct Deficiencies Letter dated June 17, 2021 Dear Mr. Saeed, The Town of Fountain Hills received the Notice of Opportunity to Correct Deficiencies (NOC) letter with the Case ID # 198416 dated June 17, 2021. The letter summarized five deficiencies noted during ADEQs inspection held on May 12th, 2021. We appreciate the opportunity to inform ADEQ that all five opportunities noted in the letter have been addressed by the Town. Below is a brief explanation of the taken by the Town with supporting documentation attached. 1.Phase II MS4 AZG2016-002 - Section 5.0 through 5.2Failure to develop, implement and enforce a SWMP containing the minimumrequirements in Section 5.1 (a)-(i) and make it available for the public under Section 5.2.The Town of Fountain Hills has not posted the Stormwater Management Plan on theTown's website. The Stormwater Management Plan can be found on the Town’s website via:https://www.fh.az.gov/358/Storm-Water-Management under the header ‘Fountain Hill’sResponsibilities’. The link and SWMP went live on Wednesday, June 23, 2021. 2.Phase II MS4 AZG2016-002 - Section 6.4.3.9Failure to define or describe indicators for tracking IDDE program success. The Town ofFountain Hills did not define or describe indicators for tracking IDDE program success. A tracking spreadsheet has been implemented to track and review the efficacy of the IDDEprogram. This spreadsheet includes the number of days to respond to a complaint as well as thenumber of days to achieve resolution of the complaint. A copy of the spreadsheet was providedon 5/13/2021 and is included in Appendix A. A copy of the revised IDDE SOP attachment fromthe Town’s Stormwater Management Plan is also included in Appendix A. The SOP has beenrevised to include ‘Section 7.0 – Tracking Program Efficacy’. This revised SOP indicates the Townwill review the timeliness of responses annually. 3.Phase II MS4 AZG2016-002 - Section 6.4.3.10Failure to provide, at a minimum, annual training to employees involved in the IDDEprogram that includes Illicit Discharge Detection and Elimination (IDDE) Program 2 components and how to recognize illicit discharges. The Town of Fountain Hills did not provide annual training to employees involved in the IDDE program. Training for permit year 2019-2020 was performed on June 17, 2020 at Town Hall, with approximately 15 employees in attendance. Unfortunately, training sign-in sheets from that year were completed but could not be located. Training for 2020-2021 training was provided on June 17, 2021 for IDDE including how to recognize illicit discharges as well as general stormwater awareness. The sign-in sheet for attendance at the training session as well as a PDF of the training PowerPoint are included in Appendix B. This training covered the applicable topics discussed in deficiencies #3 and #5. 4.Phase II MS4 AZG2016-002 - Section 6.4.4.5Failure to track the number of inspections and re-inspections of construction activities toverify the sites are inspected at the frequency established in the ConstructionStormwater Management program. The Town of Fountain Hills did not track the numberof inspections and re-inspections of construction activities to verify the sites areinspected at the frequency established in the Construction Stormwater Managementprogram. The Town did not present construction site inspection records during the audit. The Town of Fountain Hills has very few active construction sites, and routinely inspects the sitesfor compliance. While both currently active and qualifying construction sites are accounted for ina roster of open permitted sites, the routine inspections have not previously been properlydocumented. The documentation within the SWMP shows a note for stormwater compliance on acitation slip, but new slips with the correct notation had not been printed in error. As of the firstweek of June 2021, the Town has integrated stormwater codes in their online reporting databaseand will ensure proper documentation of routine or as-needed inspections are recorded and kepton file. An example of the form with appropriate coding is included in Appendix C. 5.Phase II MS4 AZG2016-002 - Section 6.4.6(f)Failure to develop and implement an employee training program to incorporatepollution prevention and good housekeeping practices into everyday operations andmaintenance activities as part of an Operations and Maintenance program for PollutionPrevention and Good Housekeeping for Municipal Operations.The Town of Fountain Hills did not have documentation of an employee trainingprogram to incorporate pollution prevention and good housekeeping techniques intoeveryday operations and maintenance activities. Training for permit year 2019-2020 was performed on June 17, 2020 at Town Hall, withapproximately 15 employees in attendance. Unfortunately, training sign-in sheets from that yearwere completed but could not be located. Training was provided on June 17, 2021 and coveredvarious stormwater topics such as IDDE, general stormwater awareness, and good housekeepingtechniques for operations and maintenance activities. The sign-in sheet is included in AppendixB.The training slide deck is provided in Appendix B for verification of applicable topics. 3 The Town presents these materials to comply with the noted deficiencies from the ADEQ Audit. These materials have been incorporated into the Town’s daily operation of the MS4 program, and will be maintained regularly in order to maintain compliance with the permit. Respectfully submitted, Sincerely, Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 4 Appendix A Illicit Discharge Detection and Elimination Standard Operating Procedures Prepared for: Town of Fountain Hills 11465 W Civic Center Drive Fountain Hills, Arizona 85323 Prepared by: Amec Foster Wheeler Environment & Infrastructure, Inc. 4600 East Washington Street, Suite 600 Phoenix, AZ 85034 February 2017 Illicit Discharge Detection and Elimination Standard Operating Procedures Fountain Hills, Arizona February 2017 Page 1 1.0 Introduction This document presents the Town of Fountain Hills’ plan for illicit discharge detection and elimination (IDDE) activities in compliance with requirements outlined in AZPDES Phase II General Permit No. AZG2016-002 (Permit). The Permit requires the Town to develop an IDDE program that contains a set of standard investigative procedures to identify the source of illicit connections and discharges and to require their removal from the system. Although the Permit does not outline specific procedures to follow, the IDDE program must, to the maximum extent practical (MEP), implement efforts to find and remove illicit discharges as well as to increase knowledge of the stormwater collection system and pollutants of concern. 2.0 Important Terminology and Key Concepts Pollutants of Concern The three illicit discharges most commonly found in urban settings include: 1. Pathogenic and toxic pollutants should be considered the most severe since contact or consumption of storm water contaminated by these pollutants could cause illness and significant water treatment problems for downstream users. These pollutants may originate from: • Sanitary, commercial, and industrial wastewater; • Inappropriate household toxicant disposal; • Automobile engine de- greasing; and • Excessive use of chemicals (pesticides, herbicides, and fertilizers). 2. Nuisance pollutants offer aquatic life threatening conditions to the storm drainage system. These pollutants can cause excessive dissolved oxygen depletions, tastes, odors, and colors in downstream water supplies, algal blooms, offensive floatables, and noticeably turbid water. These pollutants may originate in residential and commercial areas from: • Sanitary wastewaters; • Laundry wastewaters; • Lawn irrigation runoff; • Automobile wash waters; • Construction site dewatering; and • Washing of concrete ready- mix trucks. 3. Relatively clean water discharged through a storm drainage system is commonly found during an outfall inventory. Relatively clean water discharges can originate from the following: • Fire hydrant flushing; • Infiltrating groundwater; and • Infiltration from potable waterline leak. Pathogenic and nuisance pollutants should be prioritized in a manner that ensures prompt action in the source identification process as these types of pollutants have the most harmful effects to the environment. Illicit Discharge Detection and Elimination Standard Operating Procedures Fountain Hills, Arizona February 2017 Page 2 Allowable Discharges Non-stormwater discharges allowed under General Permit No. AZG2016-002, section 1.3.2 that are not considered “illicit” include: • water line flushing • landscape irrigation • diverted stream flows • rising ground waters • uncontaminated groundwater infiltration • uncontaminated pumped ground water • discharges from potable water sources • foundation drains • air conditioning condensate • irrigation water * • springs • water from crawl space pumps • footing drains • lawn watering • individual residential car washing • discharges from riparian habitats and wetlands • dechlorinated swimming pool discharges** • street wash water • and discharge or flows from emergency firefighting activities * Does not include irrigation of golf courses. Many golf courses in the Town are irrigated using treated wastewater effluent and are therefore required to prevent offsite drainage. ** Prohibited discharges: Per Town Code 14-7 “Uniform Drainage Regulation” the Town does not allow pool water to be discharged into the storm sewer system. Illicit Discharge The term illicit discharge is defined in the Permit as: “…any discharge to a municipal separate storm sewer that is not comprised entirely of stormwater except discharges pursuant to a AZPDES/NPDES permit (other than the AZPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities.” Source Identification Source identification are the office and field tasks used to track a potential illicit discharge to the source and determine if the discharge is in fact an illicit based on analysis of samples taken or investigation conducted. 3.0 Summary of Town IDDE Procedures This section summarizes the Town’s systematic approach to eliminating illicit discharges. 3.1 Report of Potential Illicit Discharges to the Code Enforcement Division The process begins through the identification of a potential illicit discharge. Identification is expected to be achieved by internal reporting from Town personnel, external reporting/ complaints, and outfall and field screening point visual assesments. 3.1.1 Internal Reporting Through implementing the Town’s stormwater training program, many Town employees will be educated on illicit discharge regonition and reporting. Reports of potential illicit discharges are received from employees from various Town departments (e.g. Law Enforcement, Environmental Programs maintenance crews) during their ordinary course of work. Illicit Discharge Detection and Elimination Standard Operating Procedures Fountain Hills, Arizona February 2017 Page 3 Observations are reported through field crew supervisors to the Code Enforcement Division or Environmental Supervisor. 3.1.2 External Observation Citizens, visitors, and others are able to notify the Environmental Supervisor or Code Enforcement Division of the presence of potential illicit discharges. These complaints are received through the Town’s general phone line and routed to the Development Services Department. The potential illicit discharge will be inspected within three business days of complaint receipt. 3.1.3 Visual Monitoring Dry Weather Outfall Monitoring During dry weather the AZPDES Coordinator performs annual outfall screening of each regulated outfall at least 72 hours after a storm event that results in a discharge from the storm sewer system. This process will be the primary method for detecting illicit connections. If an outfall is found to be discharging during the dry weather outfall screening, the potential illicit discharge tracking steps outlined in Section 4.1 should be initiated. Should the inspector find a potential discharge that is not currently flowing or a discharge that is unable to be tracked, the inspector will schedule a three day follow up inspection to verify if the discharge is reoccurring. See Appendix A for IDDE Inspection/Investigation Forms, Instructions, and Flowchart. Visual Stormwater Discharge Monitoring Town staff will perform a visual inspection of at least 1 outfall and 4 screening locations, 2 times during each wet season. For the purposes of wet weather monitoring, the summer and winter wet seasons are defined as: Summer wet season is June 1st through October 31st Winter wet season is November 1st through May 31st. Results of visual discharge monitoring are recorded on a Discharge Monitoring Report (DMR) for submittal with the annual report. The grab samples should be collected in clear plastic containers for analysis. The samples should be analyzed in the field for the following parameters: • Color • Odor • Clarity • Floating, Settled, and Suspended Solids • Foam • Sheen If determined necessary samples may be collected and analyzed in a lab for parameters of potential concern. In the event Town personnel or their contractor cannot access any outfall(s) or screening point during a wet weather discharge, the Town will conduct wet weather screening as soon as practicable after the storm or discharge event. Should the inspector find a potential discharge Illicit Discharge Detection and Elimination Standard Operating Procedures Fountain Hills, Arizona February 2017 Page 4 that is unable to be tracked, the inspector will schedule a three day follow up inspection to verify if the discharge is reoccurring. See Appendix A for IDDE Inspection/Investigation Forms, Instructions, and Flowchart. 4.0 Illicit Discharge Source Identification The identification step has two primary components: 1) Potential illicit discharge tracking to identify the source, and 2) illicit discharge elimination through enforcement or notification. These steps apply only to the instances in which the potential illicit discharge is flowing into the MS4. 4.1 Potential Illicit Discharge Tracking and Source Identification The first step in the source identification process is to track the discharge up to the source. The source can be tracked upstream either to the actual pollution causing event (e.g. vehicle accident with spilled fuel, illegal connection of car wash drain to storm system) or until a system owned by another entity is encountered. The Environmental Supervisor will begin the tracking process at the potential illicit discharge location. The procedure is the same regardless of how the discharge was discovered (screening, internal or external reporting). The following steps should be generally followed: 1. At an outfall where a dry weather flow or visual assessment containing pollutants was collected was found or at the initial point of discovery of the discharge, physical parameters of the flow should be recorded. 2. If the discharge continues upstream and can be tracked, move upstream in the direction of the discharge. Continue investigation at each intersection until the 1) source is found, 2) or the discharge can no longer be tracked upstream (e.g. underground, between manholes) is encountered. 3. If the discharge continues underground, inspect upstream manholes to isolate the discharge location between two manholes. Additional tracking options including CCTV camera of the storm drain line segment or smoke and/or dye testing of nearby suspect sources. Additionaly, analytical sampling of suspected sources can be compared to that of the illicit discharge to verify similar characteristics. 4.2 Illicit Discharge Detection Once a potential illicit discharge has been tracked to the source, investigators must determine if the flow is an illicit, allowable discharge, or is regulated under an AZPDES Permit. If the source is illicit, follow up activities are performed, if the source is not illicit, the investigation is complete and findings documented. Illicit Discharge Detection and Elimination Standard Operating Procedures Fountain Hills, Arizona February 2017 Page 5 5.0 Follow-up If the source cannot be identified; the Environmental Supervisor will either close the case with no additional follow up needed (such action is common for pool water or irrigation discharges) or conduct a re-inspection of the area within 3 days (common for illicit connections or repeat offendors). 6.0 Reporting and Enforcement Illicit discharge investigations are tracked using the Inspection/Investigation Forms, Instructions, and Flowchart provided in Appendix A. Investigation records are maintained with the SWMP and investigation details are included with the MS4 Annual Report. If a verified illicit discharge or case of illegal dumping is identified, the Environmental Supervisor or Code Enforcement officer implements the Enforcement Response Plan (ERP) to eliminate the illicit discharge as expeditiously as possible. Where immediate elimination of the illicid discharge is not possible, the violator and Environmetnal Program Manager will work together to establish an expeditious schedule for elimination. 7.0 Tracking Program Efficacy All Illicit Discharges are filed in a spreadsheet for program evaluation. The spreadsheet is used to collect basic information such as what the complaint was about, when it was filed, when it was resolved etc. This information is used to determine the timeliness of responding to and resolving the complaints. This spreadsheet is reviewed annually to determine the efficacy of the IDDE program and any areas for improvement. Monitoring the number of days to act upon and resolve complaints, as well as any upward or downward trends over time, will be monitored as a metric of program efficacy. The below table is an example of the information tracked in the spreadsheet. Ref ID Location Date Type of IDDE Complaint Reported by Resolution Days to Response Days to Resolution - - - - - - - - - 5 Appendix B 7/12/2021 1 TOWN OF FOUNTAIN HILLS STORMWATER IDDE, CONSTRUCTION, AND POST -CONSTRUCTION TRAINING June 2021 PART 1 -STORMWATER OVERVIEW ▪What is stormwater? ▪What is an illicit discharge? ▪Reporting illicit discharges ▪Examples PART 2 -IDDE PROGRAM ▪Visual outfall monitoring ▪Illicit discharge identification, investigation, and elimination ▪Reporting ▪Enforcement AGENDA AGENDA (CONTINUED) PART 3 -CONSTRUCTION RUNOFF CONTROL ▪Construction inventory ▪Inspection procedures ▪Inspection frequency ▪Site plan review ▪Sediment & erosion control ▪Operator education and public involvement ▪Enforcement procedures PART 4 -POST-CONSTRUCTION RUNOFF CONTROL ▪Control inventory ▪Inspection frequency ▪Site plan review procedures ▪Operations and maintenance ▪Enforcement procedures WHAT IS STORMWATER? Surface runoff from rain or snow melt that enters streams and rivers via storm drains or open drainage ways WITHOUT treatment. WHERE DOES STORMWATER GO? Retention basins, washes, rivers…. WHERE DOES YOUR STORMWATER END UP? In the Verde River. 1 2 3 4 5 6 7/12/2021 2 HOW DOES STORMWATER GET THERE? Through the Municipal Separate Storm Sewer System (MS4 –a system to move stormwater to receiving waters) Curbs and gutters Storm drains Catch basins Ditches Pipes And exits through outfalls WHY DO WE CARE ABOUT STORMWATER? Wildlife and natural resources Recreation and tourism Domestic Uses Polluted stormwater negatively impacts: STORMWATER PERMIT COMPLIANCE Stormwater compliance falls under Section 402 of the Clean Water Act and is administered by the EPA. EPA delegated authority to the ADEQ in 2002. ADEQ re-issued the Small MS4 General Permit in 2016. PERMIT REQUIREMENTS The Town’s Stormwater Permit requires many activities, including: Developing and implementing a SWMP Performing inspections Conducting visual assessments Compiling and submitting annual reports Prohibiting illicit discharges Providing employee training WHAT IS AN ILLICIT DISCHARGE? Any discharge to the MS4 not composed entirely of stormwater, except for allowed or separately permitted discharges. Also includes: Illegal dumping and littering Illicit connections COMMON ILLICIT DISCHARGES 7 8 9 10 11 12 7/12/2021 3 ILLEGAL DUMPING ▪Illegal dumping ▪Littering Both are illicit discharges! ILLICIT CONNECTIONS ▪Connection of a non-stormwater source to the storm drain system ▪Typically occurs during construction SOME DISCHARGES ARE “ALLOWABLE” 1.Water line flushing and other discharges from drinking water sources; 2.Landscape irrigation and lawn watering; 3.Irrigation water; 4.Diverted stream flow; 5.Rising ground water; 6.Uncontaminated groundwater infiltration, pumped groundwater, foundation and footing drains, and water from crawl space pumps; …. BUT STILL MUST BE POLLUTANT FREE! 7.Air conditioning condensation and evaporative cooler run-off; 8.Natural springs; 9.Individual residential car washing; 10.Footing and foundation drains; 11.Flows resulting from firefighting activities; 12.Discharges from potable water sources; 13.Any other activity that is exempted under the town’s AZPDES stormwater permit. RECOGNIZING POTENTIAL ILLICIT DISCHARGES ▪Flow in the gutters or outfall without a rain ▪Unusual water characteristics ▪Surface staining REPORTING ILLICIT DISCHARGING ▪Recognize the potential illicit discharge ▪Report it for follow up ▪Facilities/Environmental Supervisor ▪Code Enforcement Identify Investigate EliminateEnforce Report TOWN IDDE PROGRAM RESPONSIBILITIES YOU ARE HERE ! 13 14 15 16 17 18 7/12/2021 4 HOW CAN YOU HELP? ▪Report potential illicit discharges when you see them. ▪Maintain vehicles and equipment. ▪Wash your vehicles at designated locations. ▪Protect chemicals and activities from contact with stormwater. ▪Practice good housekeeping. ▪Properly dispose of litter and other used items. PART 2 –IDDE TRAINING PART 2 -IDDE PROGRAM ▪IDDE program components ▪Visual outfall monitoring ▪Reporting ▪Enforcement WHAT IS THE IDDE PROGRAM? IDDE is just one program element described in the SWMP IDDE is a comprehensive program to detect, identify, isolate, and eliminate illicit discharges. Program is described in the IDDE SOP within the SWMP 6 Minimum Control Measures (MCM’s) Public Education Public Involvement Illicit Discharge & Elimination Construction Site Discharge Controls Post- Construction Controls Good Housekeeping & Pollution Prevention STORMWATER ORDINANCE ▪ARTICLE II, SECTION 8-47 “It is hereby declared to be a public nuisance for any person to directly or indirectly release materials, pollutants, or stormwater without proper authorization in quantities, velocities or concentrations that cause or contribute to, or may reasonably be expected to cause or contribute to: (i) damage to a publicly-owned right-of-way or the public storm drain system; (ii) a violation of an applicable water quality standard; or (iii) a violation of any condition of a stormwater AZPDES permit issued to the city. As used in this section, proper authorization exists if an activity affecting stormwater is specifically authorized in (i) this article; (ii) an administrative rule, permit, plan approval, or other authorization issued in compliance with this article, or (iii) a stormwater AZPDES permit. (Ord. No. 1114-05, §1, 6-20-05)” IDDE PROGRAM ELEMENTS Inventory and map system & outfalls Conduct dry and wet weather visual screening Identify and eliminate illicit discharges Identify and report unpermitted discharges Conduct staff training INVENTORY AND MAP SYSTEM OUTFALLS Maintain a map that includes: The MS4 including: roads, streets, catch basins, curbs, gutters, ditches, man made channels, and storm drains that discharge to Waters of the U.S. All outfalls to Waters of the U.S. (Fountain Hills has 22 outfalls) Screening points for dry weather monitoring (Fountain Hills selected 5 screening points) 19 20 21 22 23 24 7/12/2021 5 OUTFALL MONITORING ▪Dry weather screening ▪Performed annually at all outfalls ▪Within 72 hours after a rain event ▪Wet weather monitoring ▪2 per wet season at one outfall and four screening points Summer June 1 -October 31 Winter November 1 –May 31 ▪Conduct follow-up screening as needed OUTFALL SCREENING –“HOW TO” 1. Visual assessments 2. Qualitative assessment 3. Quantitative assessment (only if needed) QUALITATIVE SCREENING Collect samples in a clear, clean container. Characterize sample: ▪Color ▪Odor ▪Turbidity ▪Floatables ▪Sediment ▪Oil sheen QUANTITATIVE SCREENING ▪Measure flow rate and conduct field screening analysis (when/if appropriate) ▪Analytes (vary by investigation) ▪Temperature ▪pH ▪Phenols ▪Copper ▪Chlorine ▪Detergents ▪Organic Substances IDENTIFY ILLICIT DISCHARGES ▪Investigations may be initiated through illicit discharge reports or through dry and wet weather screenings ▪Primary methods include: ▪Above ground tracking –track discharge upstream until you locate the source ▪Below ground tracking –review maps, GIS, as-builts, etc. ▪As well as ▪CCTV ▪Dye testing ▪Smoke testing TRACKING ILLICIT DISCHARGES / CONNECTIONS ▪Initiate source tracking as soon as a potential ID is discovered ▪Use information from the field analysis to help identify the suspected source ▪Consider: ▪Source related -Periodic in nature, time of day, one-time discharges ▪Program related -Mapping, limited resources, task prioritization ▪Infrastructure related -Access, complexity of system, multi-sources 25 26 27 28 29 30 7/12/2021 6 ILLICIT DISCHARGE REPORTING Record all background data associated with the sampling event Document physical condition of the outfall / screening point ILLICIT DISCHARGE REPORTING Record flow quality / characteristics Summarize findings and describe enforcement actions taken ILLICIT DISCHARGE ELIMINATION ▪The discharge investigation process goes through a series of steps. ▪Colors in the process flow diagram correlate with the sections of the IDDE inspection form. UNPERMITTED DISCHARGES ▪Identify activities and facilities operating without CGP coverage ▪Fountain Hills will cross- reference the list of businesses using ADEQ’s MegaSearch database; (http://megasearch.azdeq.gov/megasearch/) QUIZ QUESTIONS 1.What do you do if you see an illicit discharge? 2.What is the purpose of IDDE Screening? 3.Why is it important to document all illicit discharges properly? 4.What are some qualitative screening indicators to look for? 5.What are some quantitative screening indicators to measure (when needed)? PART 3 –CONSTRUCTION RUNOFF CONTROL PART 3 -CONSTRUCTION RUNOFF CONTROL ▪Brief CGP Overview ▪Construction site inventory ▪Inspection procedures ▪Site plan review ▪Operator education and public involvement ▪Unpermitted discharges 31 32 33 34 35 36 7/12/2021 7 CGP APPLICABILITY All sites that disturb 1 acre or more, or are part of a common plan of development, may be subject to CGP coverage. CONSTRUCTION GENERAL PERMIT The AZPDES CGP requires: Contractor to file a Notice of Intent (NOI) before beginning construction SWPPP development and implementation Contractor to file a Notice of Termination (NOT) at the end of construction SWPPP implementation includes installing and maintaining BMPs, performing inspections, recordkeeping, and annual reporting These elements are all performed by the contractor FOR COMPLIANCE WITH ADEQ CONSTRUCTION INVENTORY The Town maintains an inventory of all construction sites that disturb 1 acre or more (or are part of a larger plan of development) The inventory must be updated and searchable by site address INSPECTION PROCEDURES The town will inspect construction sites a minimum of one time during the active phase of construction If non-compliance is identified during the inspection, the inspector will notify the permittee and re-inspect as necessary. CONSTRUCTION SITE INSPECTION SOP Inspection Preparation 1.Select project to inspect; 2.Review SWPPP Information Form and Erosion Control Plans (ECPs); 3.Print or download copies of the SWPPP Information Form and ECPs to review during inspection. CONSTRUCTION SITE INSPECTION SOP (CONT) Inspection 1.Meet with the owner or operator onsite; 2.Provide Sediment and Erosion Control Brochure (If pre-construction meeting) 3.Put on any necessary Personal Protective Equipment (PPE); 4.Verify contact information on the SWPPP Information Form is still correct; 5.Start the inspection by verifying that a SWPPP is available onsite; 6.Review the SWPPP Site Maps, Corrective Actions, and any SWPPP Modifications; 7.Walk the site starting with the perimeter of the site, working inward; 8.Verify BMPs shown on the ECP and SWPPP Maps are correct; if not, verify any changes have been documented within the SWPPP or on the SWPPP Maps; and 9.Complete the Construction Inspection Checklist. 37 38 39 40 41 42 7/12/2021 8 CONSTRUCTION SITE INSPECTION SOP (CONT) Post-Inspection 1.If no deficiencies are noted, provide a copy (hard or electronic) of the completed inspection form to the site owner or operator; 2.If deficiencies are noted, explain how the owner or operator can remedy the situation; 3.If deficiencies are minor and can be corrected onsite, allow the owner or operator to make the necessary corrections, and provide a copy (hard or electronic) of the completed inspection form to the site owner or operator; and 4.If the deficiencies cannot be completed onsite issue a Notice of Violation (NOV) and schedule a 7-day follow-up inspection. INSPECTION FORM INSPECTION FREQUENCY Think about… Phase of construction Proximity to bodies of water Size of construction activity/acreage disturbed History of non-compliance SITE PLAN REVIEW PROCEDURES Any construction activity greater than 1 acre or part of a larger common plan of development must submit to the town Permitees are to submit: NOI, ATD, SWPPP Information Form, and ECP A qualified professional will prepare the documents. In Fountain Hills, that means… CPESC, CPSWQ, or registered PE with at least 5 years experience OPERATOR EDUCATION AND PUBLIC INVOLVEMENT The Town provides educational handouts when construction permits are approved as well as a brief stormwater discussion between the Town and contractors During inspections the Town inspector will also educate and field questions from the contractor while onsite UNPERMITTED DISCHARGES ▪Identify and report construction sites operating without CGP coverage ▪Town will cross-reference the list of businesses using ADEQ’s MegaSearch database; (http://megasearch.azdeq.gov/mega search/) 43 44 45 46 47 48 7/12/2021 9 PART 4 –POST-CONSTRUCTION RUNOFF CONTROL ▪Control inventory ▪Inspection frequency ▪Site plan review procedures ▪Operations and maintenance ▪Enforcement procedures POST-CONSTRUCTION STORMWATER CONTROL INVENTORY Permanent BMPs must be maintained in a searchable inventory Contractors are required to deliver site as-built plans to the town prior to final permit issuance The as-built plans are then digitized by the Town staff INSPECTION FREQUENCY An inspector will review post- construction BMPs for proper installation after construction is complete When the final plat is signed, the listed owner will take over as the primary inspector OPERATIONS AND MAINTENANCE All post-construction BMPs are required to be maintained by the entity responsible for its operation and maintenance Inspections of post-construction BMPs that discharge to the MS4 and are required to be maintained will be performed on a complaint driven basis The Town will inspect approximately 20% of municipally owned post-construction BMPs each year COMMON POST-CONSTRUCTION BMPS Retention basins Basins and headwalls Culverts Catch basins Spillways Washes and waterways BASINS AND HEADWALLS Use grate to cover and protect pipe opening Remove sediment and trash trapped behind or in front of grate Conduct quarterly inspection (especially during wet seasons) Keep an annual stormwater basin maintenance schedule and retain records for 5 years 49 50 51 52 53 54 7/12/2021 10 CULVERTS Clean out sediment, trash and debris trapped in or near culvert opening Properly dispose of materials removed Maintain slopes and opening size of ditch leading to and from culvert BAD GOOD CATCH BASINS Remove sediment, trash and debris near inlet, on the surface, to allow water to flow into catch basins Eliminate foul odors by removing dead animals and vegetation that may accumulate Repair cracks larger than ½ inch wide or 12 or more inches long with concrete grout or sealant BAD GOOD DRY WASHES AND WATERWAYS Keep washes free of overgrown vegetation, sediment and trash Report and illegal dumping Keep river rock grouped together in the channel bottom to maintain the channels natural shape LASTLY -GENERALLY APPLICABLE CONSIDERATIONS ▪Enforcement ▪Recordkeeping ▪Safety Considerations ENFORCEMENT PROCEDURE ▪The Town has legal authority to fully implement the SWMP including the right to prohibit illicit discharges to the MS4, conduct inspections, and carry out necessary enforcement procedures. ▪The town applies the following enforcement measures: 1.A Verbal Warning 2.A Written Warning 3.Notice of Violation 4.Civil Citations 5.Criminal Penalties ADDITIONAL RESPONSE ALTERNATIVES: DEVELOPMENT-RELATED ENFORCEMENT ▪The town applies any one or multiple of the following enforcement measures per the Enforcement Response Plan: 1.Stop Work Order –must include necessary steps to bring the site in compliance 2.Withhold Building Inspections –occurs when building on a site has already commenced 3.Withhold Plan Approvals –withholds plan approval of responsible party or property owner 4.Withhold Release of Certificate of Occupancy – occurs when post construction BMPs do not pass final stormwater inspection 55 56 57 58 59 60 7/12/2021 11 RECORDKEEPING The Town will keep any records pertaining to the Permit for a minimum of 3 years This includes: Reports Inspection Records Enforcement Actions Follow-up Documentation SAMPLE FIELD EQUIPMENT AND PPE LIST ▪Camera ▪Clipboards ▪Field Sheets ▪First Aid Kit ▪Flashlight or spotlight ▪Two-way radios ▪Steel-toe boots ▪Mirror ▪Reflective safety vests ▪Hard hat ▪Handheld GPS ▪Tape measure ▪Traffic cones ▪Waterproof marker/pen HEALTH AND SAFETY CONCERNS If evidence of a health or safety issue exists.…STOP the inspection or investigation. Notify the fire department, hazmat team, and then your supervisor. QUESTIONS/COMMENTS? Jillian Garman, MPAJillian.garman@woodplc.com602-315-1296 Rebecca Sydnor, PErebecca.sydnor@woodplc.com 602-733-6051 Justin Weldyjweldy@fh.az.gov480-816-5128 61 62 63 64 6 Appendix C 07/12/2021 14:03 |TOWN OF FOUNTAIN HILLS |P 5 JWeldy |Inspection Type Help |piinspen Code Description ____ ______________________________ F060 ADULT RES CARE FACILITY F061 ADULT RES CARE FACILITY 2 F070 LPG TANK INSPECTION F071 LPG TANK INSPECTION 2 F080 FIRE ALARM INSPECTION F085 FIRE SPRINKLER INSPECTION F090 FIRE TENT INSPECTION F100 UNDERGROUND FIRE LINE F200 FD BUSINESS LICENSE INSPECTION F990 FIRE SAFETY SURVEY F991 FSS-REINSPECT NO CHARGE F992 FSS-REINSPECT WITH FEE HYD1 FIRE HYDRANT INSPECTION P010 LANDSCAPING P020 P/Z SITE INSPECTION P030 LAND DISTURBANCE P040 FLY-TIGHT INSPECTION P050 GRADING/DRAINAGE INSPECTION P060 SAGUARO INSPECTION - FINAL S001 BMPs INSTALLED S002 INLETS PROTECTED S003 TRACKOUT PAD V020 INITIAL INSPECTION V025 INSPECTION V030 FOLLOW-UP INSPECTION W001 CALL LOG W010 ENCROACHMENT INSPECTION W020 ENGINEERING SITE VISIT W100 TRAFFIC CONTROL INSPECTION W110 BASE INSPECTION W120 ASPHALT CUT INSPECTION W130 CURB/GUTTER INSPECTION W140 SIDEWALK INSPECTION W150 SUBGRADE INSPECTION W155 RETAINING WALL INSPECTION W160 VALLEY GUTTER/CUTOFF WALLS W170 SURVEY MONUMENTS INSPECTION W180 SIGNS/STRIPING/BARRICADES W190 HAUL ROUTE INSPECTION W200 PIPE INSPECTION W210 CATCH BASINS/MH/HEADWALL W220 SLOPE/RIPRAP INSPECTION W230 BOX CULVERT INSPECTION W240 401 INSPECTIONS W300 TRENCH/PIT INSPECTION W301 TRENCH PLATE INSPECTION W310 BACKFILL INSPECTION W320 ADJUSTMENTS INSPECTION W400 GRADING INSPECTION W410 IRRIGATION INSPECTION W420 LANDSCAPING INSPECTION W430 LIGHTING INSPECTION W440 DRIVEWAY CUTS INSPECTION W450 OTHER INSPECTIONS ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION: Approving Amendment No.1 to Cooperative Purchasing Agreement C2021-052 with Climatec, LLC, for Security Cameras. Staff Summary (Background) Climatec previously has installed video surveillance cameras at parks and various town properties.  In fiscal year 2017-2018, the Town Council approved Capital Improvement Project (P3033, installation of video surveillance cameras at Town owned Building and parks).  Since that time, cameras have been installed in the Community Center, Town Hall, Fountain Park, Four Peaks Park, Golden Eagle Park and Cutillo Plaza. The installation of cameras has aided in the reduction of vandalism and provided video evidence of suspects engaged in vandalism.   The proposed amendment to Cooperative Purchasing Agreement 2021-058 in the amount of $31,683.39 with Climatec, LLC will allow the town to continue installing security cameras at Town buildings and park facilities. Related Ordinance, Policy or Guiding Principle Capital Projects. Risk Analysis The Town of Fountain Hills has experienced costly vandalism of bathrooms, park facilities, and theft of public art in our parks. This contract will install additional video cameras and continue to improve security at our parks. For the safety of our residents and employees. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Amendment No. 1 to the Cooperative Purchasing Agreement with Climatec.  SUGGESTED MOTION MOVE to approve Amendment No. 1 to the Cooperative Purchasing Agreement 2021-052 with Climatec, LLC for Security Cameras in an amount in the amount of $31,683.39.    Fiscal Impact Fiscal Impact:$ 31,683.39 169,432. Budget Reference:254 Funding Source:Capital Projects If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments Cooperative Purchasing Agreement  Security Camera Scope and Fee  Project Info Sheet  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/23/2021 12:26 PM Finance Director David Pock 09/23/2021 01:19 PM Town Attorney Aaron D. Arnson 09/23/2021 03:00 PM Town Manager Grady E. Miller 09/23/2021 03:09 PM Form Started By: Justin Weldy Started On: 09/21/2021 10:52 AM Final Approval Date: 09/23/2021  1 Contract No. 2021-052.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIMATEC, LLC THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into as of October 19, 2021 between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Climatec, LLC a Nevada limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, Mohave Educational Services, Inc. (“Mohave”), a non-profit political subdivision providing procurement services pursuant to A.R.S. 11-952 and A.R.S. 41-2632, entered into Contract No. 17L-CLIM-1115 dated November 15, 2017 as amended (collectively, the “Mohave Contract”) for the Contractor to provide fire and safety inspections, products, and service solutions. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated May 18, 2021 based upon the Mohave Contract (the “Agreement”), for fire and safety inspections, products, and service solutions. (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) 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 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. Compensation. The Town shall pay the Contractor an amount not to exceed $31,683.39 at the rates set forth in Exhibit C, which sum includes a ten percent (10 %) owners allowance. The maximum amount of this Agreement shall not exceed $169,432.39 (including all renewals) for the Materials and Services, which amounts are increased from $131,749 to $169,432.39. 2 2. 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. 3. 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. 4. 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] EXHIBIT C TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIMATEC, LLC. [Work Orders] A CLIMATEC SOLUTION Town of Fountain Hills Town Hall Camera Add Prepared for Town of Fountain Hills 8/1/2021 Presented by Doug Acosta Business Development Manager CLIMATEC SOLUTION PROPOSAL Town of Fountain Hills Mike Ciccarone / Justin Weldy 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Project Address: 16705 E Ave of the Fountains Fountain Hills, AZ 85268 Quote Reference: 21-4753 SCOPE OF WORK: Climatec will supply and install two additional cameras at Town Hall. (1) 4mp dome will be installed at the north entrance/lobby. (1) 270 degree ceiling mounted camera will be installed on the second floor above the counter. (2) New ACC7 camera licenses included for the new cameras. (6) Additional licenses included for cameras that will be moved over to Town Hall NVR. Cable will be pulled from each camera back to the existing PoE switch where all the other cameras are terminated. EXCLUSIONS • After-hours labor. • Network Switches • 120 VAC power. • Patching and Painting. • Viewing PC’s for video by Owner. MATERIAL LIST Qty Part No. Material Description Part Cost Ext Price Town Hall Camera Add 1 4.0C-H5A- D1-IR 4.0 MP WDR; LightCatcher; Day/Night; Indoor Dome; 3.3- 9mm f/1.3 P-iris lens; Integrated IR; Next-Generation Analytics $880.31 $880.31 1 ACC7-ENT ACC 7 Enterprise camera channel $252.29 $252.29 1 15C-H4A- 3MH-270 3x 5 MP; WDR; LightCatcher; 2.8mm; Camera Only $1,597.32 $1,597.32 1 H4AMH -AD- IRIL1 Optional IR illuminator ring, up to 30m (100ft), for use with H4AMH-DO-COVR1. $292.84 $292.84 1 H4AMH -AD- CEIL1 In-ceiling adapter, must order either a H4AMH-DC-COVR1 or H4AMH-DC-COVR1-SMOKE. $133.10 $133.10 1 H4AMH-DC- COVR1 In-Ceiling Dome Cover for H4 Multisensor $62.12 $62.12 1 ACC7-ENT ACC 7 Enterprise camera channel $252.29 $252.29 6 ACC7-ENT ACC 7 Enterprise camera channel $252.29 $1,513.76 500 5566060 23-4P UNS SOL CMP C6 Grn Jkt $0.37 $185.29 PROPOSAL COST SUMMARY Security and Life Safety System Project Cost Breakout Installation Investment Material $5,169.34 Technician Labor $2,834.53 Material Freight $85.71 Material Tax $302.30 Grand Total $8,391.88 By signing below, I accept this proposal and agree to the terms and conditions contained herein. __________________________________________________________________________ Customer Name (Printed): __________________________________________________________________________ Customer Signature: __________________________________________________________________________ Date: TERMS & CONDITIONS The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by authorized representative of both Climatec and Customer. 1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON- INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000. 6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others. 4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site. 5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable. A CLIMATEC SOLUTION Town of Fountain Hills Golden Eagle Park Camera Adds Prepared for Town of Fountain Hills 7/30/2021 Presented by Doug Acosta Business Development Manager CLIMATEC SOLUTION PROPOSAL Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Project Address: Golden Eagle Park Quote Reference: 21-4818 Project Bid per: Plans: Pricing per 1GPA Pricing Contract #21-07P-06. SCOPE OF WORK: Climatec will supply and install (2) additional cameras at Golden Eagle Park. A 270 degree camera with IR will be installed on a new pole at the basketball court. A 270 degree camera with IR will be installed on a new pole attached to the existing Ramada. Town of Fountain Hills will provide and install the required poles and constant 110v electrical. The new cameras will communicate back to an existing NVR through a robust point-to-point antenna system. EXCLUSIONS • After-hours labor. • Network Switches • 120 VAC power. • Patching and Painting. • Viewing PC’s for video by Owner. MATERIAL LIST Qty Part No. Material Description Part Cost Ext Price Golden Eagle Park Point-to-Point WES4-KT 3 KBC-SPB- 4AF-48 COMPACT NEMA 4X ENCLOSURE WITH 48VDC POWER $883.82 $2,651.47 1 WES3HTG-KT WIRELESS HIGH THROUGHPUT GIGABIT $2,658.82 $2,658.82 Cameras 2 24C-H4A- 3MH-270 3x 8 MP; WDR; LightCatcher; 4mm; Camera Only $1,863.54 $3,727.09 2 H4AMH-DO- COVR1 Outdoor Dome Cover for H4 Multisensor $141.99 $283.97 2 H4AMH-AD- PEND1 Outdoor pendant mount adapter; must order one of IRPTZ- MNT-Wall1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1 or H4AMH-DO-COVR1-SMOKE. $141.99 $283.97 2 H4AMH-AD- IRIL1 Optional IR illuminator ring; up to 30m (100ft); for use with H4AMH-DO-COVR1. $292.84 $585.68 2 IRPTZ-MNT- WALL1 Pedant wVideo mount adapter. For use with H4 IR PTZ or H4A- MH-AD-PEND1 on H4 Multisensor. $84.31 $168.62 2 IRPTZ-MNT- NPTA1 Pedant NPT adapter. For use with H4 IR PTZ or H4A-MH-AD- PEND1 on H4 Multisensor. $48.81 $97.62 2 H4-MT- POLE1 Pole mount adapter for use with H4A-MT-Wall1; H4-BO-JBOX1; H4SL; H4F; H4 PTZ; H4 IR PTZ and H4 Multisensor cameras. $79.87 $159.74 2 POE-INJ2- 95W-NA Indoor single Port PoE Injector Gigabit; 95W; NA power cord; for use with H4IR PTZ - indoor installation rated. Temperature range of the PoE injector is -10C to +45C. Compatible with power cord with $354.96 $709.91 PROPOSAL COST SUMMARY Security and Life Safety System Project Cost Breakout Installation Investment Material $11,326.88 Technician Labor $7,261.48 Project Management $929.41 Material Freight $231.07 Material Tax $662.40 Grand Total $20,411.24 By signing below, I accept this proposal and agree to the terms and conditions contained herein. __________________________________________________________________________ Customer Name (Printed): __________________________________________________________________________ Customer Signature: __________________________________________________________________________ Date: TERMS & CONDITIONS The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by authorized representative of both Climatec and Customer. 1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON- INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000. 6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others. 4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site. 5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.  &DSLWDO3URMHFWV)XQG 3URMHFW,QIRUPDWLRQ6KHHWV 3 Project Start Total Cost Justification Funding Sources Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 127,065 75,000 75,000 75,000 75,000 75,000 75,000 127,065 75,000 75,000 75,000 75,000 75,000 75,000 Project Expenses Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 127,065 70,000 70,000 70,000 70,000 70,000 70,000 5,000 5,000 5,000 5,000 5,000 5,000 127,065 75,000 75,000 75,000 75,000 75,000 75,000 Operating Impact Prior Yrs FY21-22 FY22-23 FY23-24 FY24-25 FY25-26 FY26-27 5,000 5,000 5,000 5,000 0 5,000 5,000 5,000 5,000 0 0 Project Number P3033 Project Title Video Surveillance Cameras TOWN OF FOUNTAIN HILLS FY21-22 CAPITAL IMPROVEMENT PROJECT Date 12/9/2020 Priority Level High - Protects Health & Safety of the Town Description Purchase and installation of video surveillance cameras at various Town parks. Project Contact Rachael Goodwin Department Community Services Grant $0 FY 17-18 Project End Ongoing $577,065.00 FY21-22 Cost $75,000.00 The Town has seen an increase in vandalism at Town Parks. Additional surveillance cameras may deter vandalism or provide video evidence should vandalism occur. Fund Type Total Capital Projects $577,065 Downtown Strat.$0 General $0 Developer $0 Devel. Fees $0 Bonds $0 Other Sources $0 Unfunded $0 Total $577,065 Fund Type Total Acquisition $547,065 Planning $0 Design $30,000 Construction $0 Other Expenses $0 Total $577,065 Fund Type Total Salaries/Benefits $0 Services/Supplies $20,000 Other Impact $0 Total $20,000 I I I I I I I I I I ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND POSSIBLE ACTION Approving the reauthorization of Capital Improvement Project F4036 for Fire Alarm Control Panels in the Community Center and Library/Museum and approving any necessary budget transfers. Staff Summary (Background) The Town Council approved Cooperative Purchasing Agreement 2021-058 with Climatec, LLC, on May 18, 2021. The approved contract included an expenditure of funds from the 2020-2021 Capital Improvement Projects budget for Capital Improvement Project F4036 which consisted of replacing fire alarm panels at the Community Center and Library/Museum. This Capital Project was approved and scheduled to be completed by June 30, 2021. However, due to delays for material, deliveries and vendor staffing, the project was not completed at the end of the fiscal year as originally anticipated.  Climatec has agreed to hold the price originally awarded and will complete all work associated with the replacement of the fire panels in the amount of $101,590.  This amount includes a 10% owner’s allowance to cover unforeseen issues and will only be expended if necessary.   The fire panels located at the Community Center, Library, and Museum are over 18 years old. Most fire panels are manufactured to have a life span of 10 to 15 years. While many systems are in service for a longer period of time, staff has provided maintenance, repairs and service on the system over the past 18 years to ensure safety and compliance with all applicable fire codes.  Due to the fire panel replacement parts becoming increasingly more costly and difficult to acquire due to the manufacturer no longer supporting the current units, replacement of the fire alarm panels systems was identified as a high priority project in the FY 20-21 Capital Improvement Program. Related Ordinance, Policy or Guiding Principle Adopted Capital Improvement Program. Risk Analysis Not approving the reauthorization of Capital Improvement Project F4036 will result in operating with outdated, obsolete fire alarm panels which may negatively impact life and structure safety in the event of a fire.    Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the reauthorization of Capital Improvement Project F4036. SUGGESTED MOTION MOVE to authorize the completion of Capital Improvement Project F4036 Fire Alarm Control Panels in the Community Center and Library/Museum in the amount of $101,590 and approving any necessary budget transfers.   Fiscal Impact Fiscal Impact:$101,590 Budget Reference:N/A Funding Source:Capital Projects If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Scope and Fee  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/23/2021 02:01 PM Finance Director David Pock 09/23/2021 02:11 PM Town Attorney Aaron D. Arnson 09/23/2021 03:01 PM Town Manager Grady E. Miller 09/23/2021 03:13 PM Form Started By: Justin Weldy Started On: 09/23/2021 01:17 PM Final Approval Date: 09/23/2021  A CLIMATEC SOLUTION Town of Fountain Hills Library - Fire System Upgrade Prepared for TOWN OF FOUNTAIN HILLS 9/22/2021 Presented by Doug Acosta Business Development Manager CLIMATEC SOLUTION PROPOSAL TOWN HALL OF FOUNTAIN HILLS Steve Bartlett 16705 E. AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 Project Address: Fountain Hills Library Project Bid per: Plans: None Provided Specs: Pricing per 1GPA Pricing Contract #16-04P-03. Scope of Work: Replace the existing Simplex Fire Alarm Control Panel and system components in the Library Building with new EST-3 Fire Alarm System. Existing wiring will be re-utilized wherever possible. Climatec fire engineers will create plans in AutoCAD format for Town of Fountain Hills permit application using owner provided building drawings in .dwg format. Climatec will obtain permit from and coordinate all testing with the Town of Fountain Hills building department. Additional Exclusions: • Underground pathways between buildings. • Shutdown wiring to HVAC units. • Selective evacuation. • Creation of system as-builts with existing circuit paths. EXCLUSIONS • After-hours labor. • Mass notification speaker system. • Emergency Call Boxes. • Third-party duct detector certification. • Duct detector installation. • Underground conduit and cabling between new and existing buildings. • 120 VAC by the electrical contractor. • Patching and Painting. • Conduit, j-boxes, racks, wire pathways by others. • Knox Boxes by Others. • Monitoring charges, telephone lines and communications for monitoring do not form part of this proposal. MATERIAL LIST Qty Part No. Description EST-3 w/Voice Headend FACP 1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location. Takes two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232. 1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two separate isolated RS-232 ports. 1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports Class A/B Network and Class B Audio Data 1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space. Supports one loop of Signature devices up to 125 detector and 125 module addresses. Supports one User Interface Module 1 3- MODCOM Modem / Communicator (DACT). Takes one local rail space 1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1). 1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint in wallbox and one local Rail module space. Supports one user interface module. Provides 7 A at nominal 24V dc. Provides 2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5 Series. Provides space for up to seven LRMs. Rear space for up to two power supplies. 5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space. 8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no LED/Switch modules are located. (280053) 1 3-CAB21B Wallbox with 3 Chassis Spaces 1 3-CAB21D Door for CAB21B Series Wallbox 2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9 inchot 1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE 1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11 Annunciator 1 3-LCDANN Remote LCD Command Module Annunciator. Includes LCD display, CPU and Doors. Order surface or semi-flush mount wallbox separately. 1 RLCM/B Semi-flush Wall Box - for Remote LCD Command Module Addressable Devices 3 SIGA-278 Manual Pull Station - Double Action, 1-stage 2 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open Contact devices. Four selectable personality codes (on each circuit) for Alarm latching, or Alarm Delayed latching, or non-latchi 3 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector. 3 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt 57 SIGA-PD Intelligent Optical Smoke Detector. 57 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt HVAC Duct Smokes 10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC, CSFM, compatible w/ iO series, EST3x and EST3. Notification Devices 1 BPS10A 10 Amp Booster Power Supply 1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output 2 12V6A5 Battery 6.5 AH, 12 Volt 27 G1F-HDVM Multi-cd temporal horn-strobe, hi/lo dB - 24V, White w/FIRE 27 G1T Genesis 1-gang to 4 inch Trim, White. 3 G1F-VM Multi-cd strobe - 24V, White w/FIRE 3 G1T Genesis 1-gang to 4 inch Trim, White. 4 GCF- HDVM Ceiling mount horn-strobe, multi-cd (15/30/75/95cd), temporal hi/lo dB output, 24V - White w/FIRE PROPOSAL COST SUMMARY Security and Life Safety System Project Cost Breakout Installation Investment Material $17,828.04 Technician Install Labor $17,676.88 Engineered Drawings / Submittal $2,621.54 Programming / Inspections $2,454.24 Material Freight $151.56 Material Tax $1,042.74 Grand Total $41,775.00 By signing below, I accept this proposal and agree to the terms and conditions contained herein. __________________________________________________________________________ Customer Name (Printed): __________________________________________________________________________ Customer Signature: __________________________________________________________________________ Date: TERMS & CONDITIONS The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by authorized representative of both Climatec and Customer. 1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON- INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000. 6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others. 4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site. 5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable. A CLIMATEC SOLUTION Town of Fountain Hills Community Center - Fire System Upgrade Prepared for TOWN OF FOUNTAIN HILLS 9/22/2021 Presented by Doug Acosta Business Development Manager CLIMATEC SOLUTION PROPOSAL TOWN HALL OF FOUNTAIN HILLS Steve Bartlett 16705 E. AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 Project Address: Community Center Project Bid per: Plans: None Provided Specs: Pricing per 1GPA Pricing Contract #16-04P-03. Scope of Work: Replace the existing Simplex Fire Alarm Control Panel and system components in the Community Center Building with a new EST-3 Fire Alarm System with Voice Evacuation. Existing wiring will be re-utilized where possible. Climatec fire engineers will create plans in AutoCAD format for Town of Fountain Hills permit application using owner provided building drawings in .dwg format. Climatec will obtain permit from and coordinate all testing and inspections with the Town of Fountain Hills building department. Additional Exclusions: • Underground pathways between buildings. • Shutdown wiring to HVAC units. • Selective evacuation. • Creation of system as-builts with existing circuit paths. EXCLUSIONS • After-hours labor. • Mass notification speaker system. • Emergency Call Boxes. • Third-party duct detector certification. • Duct detector installation. • Underground conduit and cabling between new and existing buildings. • 120 VAC by the electrical contractor. • Patching and Painting. • Conduit, j-boxes, racks, wire pathways by others. • Knox Boxes by Others. • Monitoring charges, telephone lines and communications for monitoring do not form part of this proposal. MATERIAL LIST Qty Part No. Description EST-3 w/Voice Headend FACP 1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location. Takes two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232. 1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two separate isolated RS-232 ports. 1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports Class A/B Network and Class B Audio Data 1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space. Supports one loop of Signature devices up to 125 detector and 125 module addresses. Supports one User Interface Module 1 3-MODCOM Modem / Communicator (DACT). Takes one local rail space 1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1). 1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint in wallbox and one local Rail module space. Supports one user interface module. Provides 7 A at nominal 24V dc. Provides 1 3-BPS/M Booster Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint in wallbox and one local Rail module space. Supports one user interface module. Provides 7 amp at nominal 24V dc. Provid 1 3-ASU/4 Audio Source Unit with mounting Chassis, space for 4 local rail modules, Microphone and Paging Controls 2 3-ZA40A Zoned Amplifier, 40 Watt, Class A/B. 40 Watt selectable for 25 or 70 Vrms Class A/B Output. Mounts in 1 LRM space. Has built in Class A/B NAC rated at 3.5 Amps. Supports one user interface module. 1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch 2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5 Series. Provides space for up to seven LRMs. Rear space for up to two power supplies. 5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space. 8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no LED/Switch modules are located. (280053) 1 3-CAB21B Wallbox with 3 Chassis Spaces 1 3-CAB21D Door for CAB21B Series Wallbox 2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9 inchot 1 BC-1 Battery Cabinet for Up to 40Ah Max 1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE 1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11 FAAP 1 3-6ANN Six Position Base Annunciator. Includes Door, CPU card, two annunciator support modules and five blank filler plates. Space provided for up to four Control/Display Modules and one 3-LCD Liquid Crystal 1 6ANN/B Semi-flush Annunciator Wall Box 1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch 1 3-ANNSM Annunciator Support Module. Takes one space in Annunciator box. Supports one Control/Display module. 1 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space. 1 3-FP Plastic Filler plate. One needed for each Display/Control module door where no LED/Switch modules are located. (280053) 1 3-REMICA Remote Mic. for use with 3-ANN Series Annunciators. Takes 2 spaces in 3-6ANN or 3-10ANN Addressable Devices 2 SIGA-278 Manual Pull Station - Double Action, 1-stage 1 SIGA-CT1 Single Input Module. Single circuit input module for use with Normally Open Contact devices. Four selectable personality codes for Alarm latching, or Alarm Delayed latching, or non-latching monitor or 1 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open Contact devices. Four selectable personality codes (on each circuit) for Alarm latching, or Alarm Delayed latching, or non-latchi 9 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector. 9 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt 78 SIGA-PD Intelligent Optical Smoke Detector. 78 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt HVAC Duct Smokes 10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC, CSFM, compatible w/ iO series, EST3x and EST3. Notification Devices 1 BPS10A 10 Amp Booster Power Supply 1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output 2 12V6A5 Battery 6.5 AH, 12 Volt 42 G4HFWF- S7VMC Genesis High Fidelity Wall Speaker-strobe, white, fire marking, 70V, visual multi- candela, clear lens 2 GCHFWF- S7VMC Genesis High Fidelity Ceiling Speaker-strobe, white, fire marking, 70V, visual multi- candela, clear lens Underground 1000 728110VNQ 16-02 UNS STR DB TC Quad PROPOSAL COST SUMMARY Security and Life Safety System Project Cost Breakout Installation Investment Material $27,306.11 Technician Install Labor $22,806.16 Engineered Drawings / Submittal $3,365.93 Programming / Inspections $4,453.89 Material Freight $279.64 Material Tax $1,603.27 Grand Total $59,815.00 By signing below, I accept this proposal and agree to the terms and conditions contained herein. __________________________________________________________________________ Customer Name (Printed): __________________________________________________________________________ Customer Signature: __________________________________________________________________________ Date: TERMS & CONDITIONS The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by authorized representative of both Climatec and Customer. 1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON- INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000. 6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others. 4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site. 5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable. ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/05/2021 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 AND DISCUSSION: Options for possible amendment to Section 11-1-7, Noise, of the Town Code.  Staff Summary (Background) Article 11-1 of the Town Code addresses various offenses.  Section 11-1-7 covers noise.  This section defines what is unacceptable noise and the procedures to abate violations.  This section was last amended two years ago when the Council added specific decibel limits to the ordinance. The current ordinance provides two options for determining a violation to the standards.  Option one (Section 11-1-7 D), Per Se Noise Violations, establishes set noise limits in terms of maximum decibels for daytime and nighttime.  As discussed in the previous report (attached) this has been a challenge for the Sheriff's Office to implement for a number of reasons.  The second option (Section 11-1-7 E), Violations for Unreasonable Noise, makes it "unlawful for any person to make or create unreasonable noise..."  This subjective approach has also been a challenge for the officer's to use. A proposed amendment presented to the Town Council on August 17 eliminating the Per Se violation section and added standards to the Unreasonable Noise provisions to make them more useful and enforceable.  In discussing the proposed amendment, the Town Council struggled with eliminating the objective standard of the use of the decibel meter asked staff to continue to explore options, possibly including both avenues of enforcement.  Upon further review and discussion by staff, it has been determined that:  There are pros and cons to both approaches that should be further discussed with Council, and There are challenges to enforcement by including both approaches in one ordinance. Therefore, staff has determined that it would be best to further discuss both options with the Council before determining what, if any, modifications should be made to the ordinance.  This agenda item will be for discussion only so staff can receive direction on ordinance modifications which can be brought back to a future Council meeting. Related Ordinance, Policy or Guiding Principle Town Code Section 11-1-7 Noise Town Code Section 11-1-7 Noise Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) NA Staff Recommendation(s) NA SUGGESTED MOTION No action will be take on this agenda item. Attachments August 17 Council Report  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 09/21/2021 11:59 AM Form Started By: John Wesley Started On: 09/13/2021 11:44 AM Final Approval Date: 09/21/2021  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 08/17/2021 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 AND POSSIBLE ACTION: Ordinance 21-11, amending Section 11-1-7, Noise, of the Town Code.  Staff Summary (Background) This is a proposed text amendment to the Town Code.  Text amendments to the Town Code do not require the review and recommendation of the Planning and Zoning Commission.  Given the subject of this text amendment, however, staff determined it would be helpful to receive the input and recommendation of this body before proceeding to the Town Council. Article 11-1 of the Town Code addresses various offenses.  Section 11-1-7 covers noise.  This section defines what is unacceptable noise and the procedures to abate issues.  This section was last amended two years ago when the Council added specific decibel limits to the ordinance. While there is good reason to use a specific measurement, such as decibels, it has proven to be difficult to implement over the last two years. For violations to hold up through prosecution, the decibel meter being used must regularly be calibrated and accurate.  Further, the deputies using the meter must be trained in the use of the meter.  Because it has been difficult to do these things, the Sheriff's Office has not been using this provision in the ordinance when apparent noise violations have occurred. The main noise complaints received by the Town over the last few years have been associated with vacation rentals and events that occur at those homes.  The current noise ordinance has not been effective in addressing those issues.  In response, the Town agreed to revisit the current noise ordinance and propose modifications that would facilitate the enforcement of noise violations. Town staff reviewed ordinances from other cities and towns and worked with the Sheriff's Office, the Town Prosecutor, and Town Attorney to prepare the revised ordinance.  The Prosecutor and Captain Kratzer both agree the proposed new ordinance should be easier to use and enforce than the existing ordinance. The main change to the ordinance is to remove the specific decibel limits and replace them with other objective criteria that can be used to determine if the noise coming from an activity is "unnecessary, unusual, or unreasonable noise that is excessive, disruptive, and/or annoying."  Section B of the ordinance provides two new definitions, one for Noise Sensitive Area and one for Unruly Gathering.  The definition for Noise Sensitive Area will help provide protection during the day to residential neighborhoods and the definition for Unruly Gathering will be helpful with enforcement at the vacation homes and in other similar situations where large parties occur. Section C of the ordinance is the portion of the code that eliminates the current use of the decibel approach and creates the new standards.  This section of the ordinance establishes five conditions which can be considered noise violations if they occur during specific times.  These are:  Causing or allowing any noise by using, operating or permitting to be played any electronic music device, television, amplifier, musical instrument, or instrument, machine or device used for the production, reproduction or emission of sound. 1. Causing or allowing any noise in connection with the loading or unloading or operation of any vehicle. 2. Using, or allowing use, of landscape maintenance equipment prior to 5:00 am.3. Using or allowing use of hand or power tools or any other machinery or equipment not otherwise permitted in the town code. 4. Participating in or allowing any malicious or willful shouting, yelling, screaming, or any other form of raucous vocalization by a person or group of people. 5. During the hours from 10:00 pm to 6:00 am, these conditions can be found to be a violation if they:  Produce any excessive, disruptive, and/or annoying noise, which is clearly audible from a distance of 200 feet or further from the sound source; and Are continuous or intermittent for a period of at least fifteen (15) minutes; and Disturb the peace and quiet of a neighborhood or a reasonable person of ordinary sensibilities. During the hours from 6:00 am to 10:00 pm these conditions can be found to be a violation in noise sensitive areas if they meet the criteria above and disturb the peace of a neighborhood or a minimum of any two or more persons not occupying the same residence or physical location, and are not exempted in this or any other town code or ordinance. Section D of the ordinance discusses Prohibited Noise and states: "It is unlawful for any person to make, allow, enable or create excessive noise, which disturbs the peace or quiet of a neighborhood, family, or reasonable person of ordinary sensibilities. For purposes of this subsection, the determination of prohibited noise shall be made based upon the circumstances existing at the time and place of the violation and the standards established in section 11-1-7(c).  For making a determination that noise is prohibited pursuant to this section, a reasonable person of ordinary sensibilities may include any Maricopa County Sheriff’s deputy or other town employees designated by the town manager to enforce this section." Section E of the ordinance addresses unruly gatherings and states: "A peace officer may abate an unruly gathering by reasonable means including, but not limited to, citation and/or order dispersal of the persons attending the gathering." Sections F - H are unchanged from the current ordinance. Section I addresses exemptions from the ordinance.  One of the exemptions is being modified to address an issue we have been facing with regard to maintenance of golf courses.  The current ordinance language allows for landscape maintenance to occur during daylight hours.  This has presented two problems.  One is understanding when it is "daylight."  In the cooler months when the sun comes up later, there are times when some golf course maintenance crews have gotten started well before daylight to have the course ready for the first golfers.  Establishing a specific time in the ordinance will help with enforcement of this problem.  Based on our review of when the golf course maintenance crews typically want to start work, setting the specific time of 5:00 am will make the ordinance easier to enforce. Related Ordinance, Policy or Guiding Principle Town Code Section 11-1-7 Noise Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission discussed this proposed text amendment at their regular meeting on July 12, 2021.  Because it is not a change to the Zoning Ordinance, they were not required to provide a recommendation to the Council on the proposed amendment.  Based on their discussion, there was concern with making the proposed change and the Commission did not make a formal recommendation.  The primary concern with the change to the ordinance is elimination of the decibel measurement; there was concern that the new standards for enforcement are too subjective.  The Commissioners wondered if it would be possible to leave the decibel approach and add the new standards to give multiple ways to use and enforce the code.  They also asked if it would be possible to increase the fines associated with the violations. Staff Recommendation(s) Staff recommends adoption of the ordinance as proposed. SUGGESTED MOTION MOVE to adopt Ordinance 21-11. Attachments Ordinance 21-11  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 06/21/2021 12:52 PM Development Services Director (Originator)John Wesley 08/10/2021 01:54 PM Town Attorney Aaron D. Arnson 08/10/2021 02:15 PM Town Manager Grady E. Miller 08/10/2021 03:22 PM Form Started By: John Wesley Started On: 06/09/2021 10:47 AM Final Approval Date: 08/10/2021