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
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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
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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.
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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."
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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.
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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.
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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:
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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.
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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
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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.
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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
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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:
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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3 4
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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
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9 10
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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 !
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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)
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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
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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
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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.
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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/)
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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
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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
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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
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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