HomeMy WebLinkAbout2022.0201.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, FEBRUARY 1, 2022
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: Outgoing McDowell Mountain Preservation Commission Member Tom
Barberic
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Report by Capt. Kratzer with Maricopa County Sheriff's Office
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 of
January 18, 2022, and the Regular Meeting of January 18, 2022, and the Special Meeting of
January 19, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
Town Council Regular Meeting of February 1, 2022 2 of 3
Town Council Regular Meeting of February 1, 2022 3 of 3
B. CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Dark Sky Association for a beer garden in conjunction with the Dark Sky
Festival on March 26, 2022.
8. REGULAR AGENDA
A. CONSIDERATION AND POSSIBLE ACTION: Approval of Artistic Land Management
Landscaping, Inc. Contract 2022-057
B. CONSIDERATION AND POSSIBLE ACTION to provide staff with direction on requested
amendments to the Park Place Development Agreement.
C. DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action,or
(ii)directing staff to conduct further research and report back to the Council.
10. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this 77 "day of L', ,2022.
Elizabeth A. KI . 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(TOO)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.
B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License
application for the Dark Sky Association for a beer garden in conjunction with the Dark Sky
Festival on March 26, 2022.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of Artistic Land Management
Landscaping, Inc. Contract 2022-057
B.CONSIDERATION AND POSSIBLE ACTION to provide staff with direction on requested
amendments to the Park Place Development Agreement.
C.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or
(ii) directing staff to conduct further research and report back to the Council.
10.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2021.
_____________________________________________
Elizabeth A. 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 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
Town Council Regular Meeting of February 1, 2022 3 of 3
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/01/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Special Meeting of January 18, 2022, and the
Regular Meeting of January 18, 2022, and the Special Meeting of January 19, 2022.
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 January 18, 2022, and the Regular
Meeting of January 18, 2022, and the Special Meeting of January 19, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of January 18, 2022, and the Regular Meeting of
January 18, 2022, and the Special Meeting of January 19, 2022.
Attachments
2022.0118.TCSMES.Minutes
2022.0118.TCRM.Minutes
2022.0119.TCSMES.Minutes
Form Review
Form Started By: Elizabeth A. Klein Started On: 01/25/2022 02:08 PM
Final Approval Date: 01/25/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 18, 2022
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of January 18, 2022, to order at 4:30 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David
Spelich; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Vice Mayor Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein;
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Gerry Friedel to
recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:30 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body; and
discussions or consultations with designated representatives of the public body in order to
consider its position and instruct its representatives regarding negotiations for the purchase,
sale or lease of real property, pursuant to A.R.S. §38-431.03(A)(3) and (7), respectively.
i.Fountain Hills Theater Property
ii.Adero Amended Development Agreement
5.ADJOURNMENT
The Special Meeting of the Fountain Hills Town Council held January 18, 2022, reconvened into
Open Session at 5:08 p.m. at which time the meeting adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of January 18, 2022 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 18, 2022
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the meeting of January 18, 2022, to order at 5:30 p.m. and led the
Council and audience in the Pledge of Allegiance.
2.MOMENT OF SILENCE
A Moment of Silence was held.
3.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor Alan Magazine; Councilmember Peggy
McMahon; Councilmember Gerry Friedel; Councilmember Mike Scharnow;
Councilmember David Spelich; Councilmember Sharron Grzybowski
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller reported that the request made at the last Council meeting for
information on the street naming policy, has been given to staff. It was his understanding
that Ms. Goodwin spoke with Councilmember Spelich today and they will move forward
with the process.
Councilmember Friedel said that he has been watching a couple of articles dealing with
water; Rio Verde Foothills, and then Scottsdale, issued restriction orders. At some point
they may want to revisit the issue with the Town's water provider and make sure they are
still in good shape.
He said that he attended the Planning and Zoning Commission meeting last week, and it
was well attended with around 90 residents. He was impressed to see the turnout and the
residents' participation.
Councilmember Grzybowski said she had attended two virtual meetings with the National
League of Cities. The first was the Roadmap to Inclusive Enterprenurialship and the
second was Health and Resilience Through the Arts. Additionally, this morning she
attended this year's first Legislative call with the League of Arizona Cities and Towns.
She then thanked the Mayor for the proclamation for the Nondiscrimination Unity
Proclamation.
Mayor Dickey reported that the IAFF and the Firefighter Cancer Support Network have
designated January as Firefighter Cancer Awareness Month, bringing increased public
awareness to occupational cancer in the fire service.
Being the Tuesday after the Martin Luther King Holiday, today was proclaimed a "Day of
Racial Healing” at the Arizona Capitol.
She said that on February 1, 2022, students across Arizona will meet online for the 6th
annual Stand Up, Speak Out, Save a Life Conference – a far-reaching program aimed at
preventing teen suicide. EPCOR is a supporter of the conference. She signed a
Proclamation again this year for this cause which was very important to former
Councilwoman Sherry Leckrone who brought it to their attention.
She met with East Valley mayors; met with a Middle School student about a potential
project; and attended the Flower Girl Ribbon Cutting. Also, she was on a panel with Mayor
Woods & former SRPMIC President Diane Enos at the Scottsdale Leadership
A.RECOGNITION: Stellar Students of the Month for December 2021
Mayor Dickey read what was written of each of the following students. They came forward
as their name was called and received a letter and Certificate, and a group photograph
was taken.
Aubree Edwards McDowell Mountain Elementary School
Braxton Spears McDowell Mountain Elementary School
Mya Hinton Fountain Hills Middle School
Cason Pitz Fountain Hills Middle School
Stella Grieco Fountain Hills High School
Zach Rieck Fountain Hills High School
B.PROCLAMATION: Mayor Ginny Dickey has issued the Proclamation supporting One
Community's non-discrimination Unity Pledge.
Mayor Dickey read a proclamation issued in support of the One Community's
non-discrimination Unity Pledge.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
None
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Council agenda.
The following individuals addressed the Council:
Town Council Regular Meeting of January 18, 2022 2 of 11
The following individuals addressed the Council:
Opposed to Detox/Sober Living Facilities
• Crystal Cavanaugh
• Liz Gildersleeve
• Cathi Marx
• Larry Meyers
• Ed Stizza
Comments included:
• With being Mayor comes responsibility; they need to get the sober living homes
ordinance written soon.
• Normally such facilities are in commercial zones, not residential.
• There is one 377 feet from her home and has been told it is unlicensed.
• Was thrilled to finally hear from Fountain Hills Recovery.
• He feels sorry for the folks trying to better their lives, going through withdrawals.
• After they get out of there, they go into the homes, the second phase of detox.
• There is no guarantee they are going to be clean.
• There is big money in the homes.It is a business. Forget the goodwill and altruistic
characteristics.
Stop Signs Needed at Fountain Hills Blvd. and Saguaro Blvd.
• Allen Hunt
Comments included:
• Lives near the intersection and has seen the aftermath of three motorcycle accidents and
five auto accidents.
• He has talked with the Engineering Department, but nothing has happened.
• He wants two stop signs or a signal, or even a roundabout.
• They are going to be talking about spending $200,000 to $300,000 to widen Shea; he's
never seen a traffic jam on Shea.
Sunridge Drive/Desert Canyon Park
• Kim Wolborsky
• Barry Wolborsky
• Bruce Boyce
• Mark Graham
Comments included:
• The overwhelming number of members of the HOA do not want a park; everyone enjoys
the green space.
• The green space adds habitat and beauty to their neighborhood.
• If it is turned into a park, concerned it will turn into a hang-out.
• Represents 32 homes next to where the park is supposed to go.
• Survey sent out reinforced the impression that the decision to build a park has already
been made.
Town Council Regular Meeting of January 18, 2022 3 of 11
• He's not opposed to the park, but would like more information. He would not be in favor
of having the hiking trail.
• Other concern is with traffic control. If it involved any type of traffic control he would be
upset.
• His main concern is that if not a park, what could it be as it is a valuable piece of
property. A park may be far less disruptive than any commercial.
Ed Stizza said that the Town spent money on a media system, and he asked if there was a
way to have the Planning and Zoning Commission meetings televised. He also voiced
concern with the new crosswalk on Saguaro, stating it was a liability for the Town. It is
ineffective in design and in the wrong location. He said that he was told the lights would be
shrouded, and they are not. Mr. Miller noted that they are shielded.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve the Consent Agenda Items 7-A through 7-C.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special
Meeting of January 4, 2022, and the Regular Meeting of January 4, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-03, abandoning the 20'
Public Utility and Drainage Easement along the north and east side of 16330 E Inca Avenue
(Application A21-00005)
C.CONSIDERATION AND POSSIBLE ACTION: Consideration of approving a Special Event
Liquor License application for the Fountain Hills Veterans Memorial for a beer garden in
conjunction with the Irish Fountain Fest on March 12, 2022
Town Council Regular Meeting of January 18, 2022 4 of 11
8.REGULAR AGENDA
A.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance
21-17, amending Chapter 10, Single-Family Residential Zoning Districts, Section 10.04,
General Provisions, to add design standards for single-family dwellings.
Mayor Dickey opened the Public Hearing.
Mr. Miller said that staff has received concerns from neighbors about duplexes being in
residential areas. Mr. Wesley and the Planning and Zoning Commission worked out
some design standards that get to the heart of the issue.
Mr. Wesley said that over the last nine months they have had a few applications come in
for single-family homes in the SFR districts. If they did not know what it was, it would
look like a duplex, but based on the rules they could not deny the applications. They
have amended the current ordinance to provide some standards to address this issue.
He then began a PowerPoint presentation which addressed:
PROPOSAL
DRAFT ORDINANCE
Vice Mayor Magazine said that the issues raised may not be solvable. If someone has a
two-car garage on the front of their house and another on the side of the house, he asked
what would keep them from changing it into a duplex. Mr. Miller said that the property is
zoned SFR. If someone wanted to sell the other unit, it would show up.
Mr. Wesley said that from what was submitted to the Commission initially, they
suggested adding laundry room, and electric service from subpanels, and included
"mirror-image" wording.
Councilmember McMahon said that she was concerned with allowing a second kitchen
of 50% of the main kitchen, and suggested it be at 25-30%. Mr. Wesley said that they
picked 50% as a starting point at the Commission level. The Commission's consensus
was that 50% was a good place to be.
Councilmember Spelich said that former Councilmember Dennis Brown is in the building
business and has diligently worked on many of these issues. He said that the Mayor,
Vice Mayor Magazine and Councilmember Scharnow worked with Mr. Brown on the
casita wording. He has read this wording and is concerned. He requested that the item
be tabled, so they could sit down and discuss some things.
Town Clerk Elizabeth Klein said that she received two written comments, from Chuck
LaVoie and Suzanne Brown, who would like to see further discussions take place before
any action is taken.
Councilmember Scharnow said that it sounds like the sign ordinance. He has no issue
studying it further.
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Gerry
Town Council Regular Meeting of January 18, 2022 5 of 11
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Gerry
Friedel to continue the Public Hearing to the February 15, 2022, Regular Meeting.
Vote: 7 - 0 Passed - Unanimously
B.CONSIDERATION AND POSSIBLE ACTION: to Adopt the 2022 Strategic Plan.
Chairman of the Strategic Planning Advisory Commission (SPAC) John Craft, introduced
those commission members present: Cynthia Magazine, Patrick Garman, and Bernie
Hoenle (who was present earlier). He said that for several months, SPAC has been in
the process of identifying and proposing strategic priorities and supporting tasks for the
major update of the town's Strategic Plan. According to the charge of SPAC, the
Strategic Plan undergoes a major update every ten years and a minor update every five
years. The Town Council approved the current Strategic Plan in 2017 which consisted
of a minor update. He said that they put together work groups and that took some time.
The approach required a lot of internal vetting, getting together with the commission as
well as the Town Manager and his staff, and many stakeholders in the community. He
said that they took the comments received previously and integrated them into the
proposed plan such as "outsourcing" and "biennial budgeting." He then began a
PowerPoint presentation which addressed:
GUIDING PRINCIPLES
Manageable
Measurable
Impactful
PLANNING ACKNOWLEDGMENTS
Town has limited resources
Economic seasonality
Strong, talented volunteer base
Revenue variability
Limited residential growth
Unmatched natural beauty
COMMUNITY & STAKEHOLDER INPUT (SPAC's Approach)
Engaged local business, civic, education and government leaders for inputs,
observations and experiences.
Collaborated with Vision Fountain Hills to survey over 900 local residents.
Assessed the impact of the 2017 strategic plan
Reviewed developing strategic plans of the Town
VISION FOUNTAIN HILLS - Survey Results (Respondents' Primary Community
Interests)
Business Development
Technology Services
Town's Condition
Environment
Town Finances
Safety
KEYNOTE THEMES IN THE PLAN'S DEVELOPMENT
Collaborative Partnering
Town Council Regular Meeting of January 18, 2022 6 of 11
Transparency Ownership
Stewardship of Local Environment
PROPOSED STRATEGIC PRIORITIES - 2022
Targeted collaborative economic development
Promote the long-term financial sustainability of Town infrastructure, environmental and
social resources
Improve public health, well-being, and safety of our Town
Maintain Current Infrastructure while preparing the Town for emerging trends that
increase public safety and quality of life
TARGETED COLLABORATIVE ECONOMIC DEVELOPMENT
Signature Strategy #1 - Retain existing business & attract new ones
Signature Strategy #2 - Lead the formation of collaborative economic development
groups
PROMOTE LONG-TERM FINANCIAL SUSTAINABILITY OF TOWN
INFRASTRUCTURE, ENVIRONMENTAL, AND SOCIAL RESOURCES
Signature Strategy #1 - Increase transparency and communication with the public
regarding continuous monitoring and internal controls of town finances
Signature Strategy #2 - Promote long-term financial health and stability of the Town as
responsible and accountable stewards of the community's fiscal resources
Signature Strategy #3 - Review the provision of governmental services to identify
opportunities for increased efficiency and economies of scale
IMPROVE THE PUBLIC HEALTH, WELL-BEING, AND SAFETY OF OUR TOWN
Signature Strategy #1 - Enhance the natural and built environment of Fountain Hills
Signature Strategy #2 - Make Fountain Hills a community focused on public health,
well-being, and safety
MAINTAIN CURRENT INFRASTRUCTURE WHILE PREPARING OUR TOWN FOR
EMERGING TRENDS THAT INCREASE PUBLIC SAFETY AND QUALITY OF LIFE
Signature Strategy #1 - Development an investment plan and schedule to maintain/bring
FH's streets, medians, buildings, and parks to established standards
Signature Strategy #2 - Support local broadband build outs and deployment efforts while
ensuring the preservation of conduit right of way for future technologies
Signature Strategy #3 - Increase ease and safety of multi-use aspects of Fountain Hills
roads
Signature Strategy #4 - Partner with other government agencies and outside entities i.g.,
private companies, nonprofit organizations, and volunteer groups, to evaluate and report
on the health of FH parks and its asset maintenance/management system
In additional to the plan itself, they have also included "communication and monitoring
plan." He said that historically the commission has presented the plan and then sat back.
They think that the commission can play a role of communicating between the Council
and the public, in terms of being transparent. They could post information on the website
and include progress.
Councilmember Scharnow said that in looking under Health, Well-being, Safety Issue,
Town Council Regular Meeting of January 18, 2022 7 of 11
Councilmember Scharnow said that in looking under Health, Well-being, Safety Issue,
the Town has done several studies in the past two years. He asked what an
Environmental Plan would look like. Chairman Craft said that if they acknowledge that
their environment and surroundings are an important aspect, it should be
comprehensive, addressing such things as environmental services, water, etc. Anything
they do moving forward would have a basic plan to address the environmental issues.
Councilmember Scharnow said that it was a big leap to suggest an experienced grant
researcher/writer. That is a budgetary item to be considered each year. Chairman Craft
said that they felt it was critical. Currently, the Town spends time being reactive versus
proactive.
Councilmember Friedel noted that there are a lot of volunteers in Town with grant
writing skills, and they should explore that avenue. He said that he was glad to see
something about holding public meetings on the finances of the Town. Mayor Dickey
said that they already hold one meeting a year.
Vice Mayor Magazine asked, going back to the Environmental Plan, if the Commission
looked at previous plans and track what has been accomplished.
Chairman Craft said that there have been discussions with the Town becoming a
biophilic community, and they are a great resource ot help them move forward.
Mayor Dickey said that they did talk with Raymond about this in the past, and they have
done quite a bit. While they did not have a big plan and do everything at once, one by
one they have implemented paperless agenda packets, double-siding copies, curbside
recycling, Green Fridays, use of reclaimed water on parks, cactus preservation, grass
and plants limited in landscaping. They tried to do some solar at one time, but then the
incentives went away. She said that he took that role seriously.
Chairman Craft said that the implication of putting that in there is not to say we have not
been doing anything. This is more to document what we have done. It is more for
economic development use.
Councilmember McMahon said that this is a lot of information, and there are some things
the Town is doing. She would like more time. Vice Mayor Magazine said that he, too,
would like more time, and he would like input from staff. Councilmember McMahon said
that she would also like to talk with staff further.
Mayor Dickey said that she did not know that they have talked enough with staff, and in
reading the SWOT she has questions herself. Some things shown as weaknesses may
be considered strengths by others.
Councilmember McMahon said that there are things in the Plan that seem like directives.
Chairman Craft said that the Commission would respect their opinion. He suggested that
they study the SWOT which includes proposed tasks and strategies that can be
measured and evaluated.
Mayor Dickey said that there was a lot more in the Plan than before, and she would
rather have time to hear from staff and the public further. She would rather have robust,
full support from everybody and not the questions she thinks she senses.
Ed Stizza, Fountain Hills, asked if the detailed packet was available online. Staff replied
Town Council Regular Meeting of January 18, 2022 8 of 11
that it was. He said that he just heard of a parcel that came up for purchase at $2 million,
but sold for $1.2 million. It would have been a great purchase. He asked if all
opportunities are being looked at. Mr. Miller replied that the Town has a Parks Master
Plan.
Vice Mayor Magazine said that people would love for the Town to buy more land and
other things, but unless someone comes forward with a lot of money, they cannot do it.
Mayor Dickey suggested that he also view the General Plan.
C.CONSIDERATION OF AND POSSIBLE ACTION: Approving Amendment No. 1 to
Professional Services Agreement 2020-063 with Kimley-Horn and Associates, Inc., and
related budget transfer.
Public Works Director Justin Weldy said that on February 18, 2020, Town Council
approved a Professional Services Agreement with Kimley-Horn and Associates, Inc.
(KHA) to prepare a Design Concept Report (DCR) and preliminary design services for
the Shea Boulevard widening from Technology Drive to Palisades Boulevard in the
amount of $115,778.00. The scope for the preliminary design included the preparation
of the DCR, 15% design plans and an Engineering Cost Estimate to be used for future
construction budgeting. KHA has completed these tasks for the roadway project to
widen the following two (2) traffic lane segments of Shea Boulevard, to three traffic
lanes plus a bike lane:
EB: from East of Palisades Blvd. to west of Technology Drive
WB: from West of Technology Drive to east of Fountain Hills Blvd. (FHB)
Now that the DCR and preliminary design phase are complete, the project is ready to
proceed to the final design phase. Staff is requesting the Town Council to consider
amending the agreement to include final design of the project consisting of the following
scope of work:
Preparation of 30%, 90% and Final Plans
Preparation of Specifications and Cost Estimates
Preparation of a FEMA Letter of Map Revision (LOMR) to address fill placed in the
Cereus Wash floodplain
Preparation of a supplemental survey for Town fill areas
Preparation of a Geotechnical investigation and analysis for shoulder compaction,
maximum fill slopes, and rockfall ditches
The additional fee for the design phase is $229,795.00
He said that Shea Blvd. has regional significance. It is the only street north of McDowell
that connects to Scottsdale from the 101 to 87. It carries recreational and commercial
traffic, and most recently they counted 35,000 to 36,000 cars a day. He said that this is a
small section, 2.7 miles, and is currently the only bottleneck on the Shea Corridor.
Mayor Dickey said that the beauty of this is that it is Prop 400 money, with 70% getting
paid for by sales tax paid throughout the entire county.
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy
Town Council Regular Meeting of January 18, 2022 9 of 11
MOVED BY Vice Mayor Alan Magazine, SECONDED BY Councilmember Peggy
McMahon to approve Amendment No. 1 to Professional Service Agreement 2020-063
with Kimley-Horn and Associates, Inc. in the amount of $229,795 (using 70% MAG ALCP
reimbursement funding) and the associated budget transfer.
Vote: 7 - 0 Passed - Unanimously
D.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League
of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action
proposed or pending before the State Legislature.
The Town's lobbyist, Jack Lunsford, gave an update on activities of the Legislature,
noting that this was the first official week of work being done. He gave a PowerPoint
presentation which addressed:
2022 LEGISLATIVE SESSION
STRATEGIC PRIORITIES
CORE PRINCIPLES
LEAGUE ENDORSED AND SUPPORTED
TRANSPORTATION
PENDING/FORTHCOMING LEGISLATION
Short-term Rentals
Vaping/Tobacco
Vaccines
Affordable Housing & Homelessness
Governor Budget
Mr. Miller said that Mr. Lunsford would not be at every Council meeting; only when it is
critical, and when they need to be taking action as a Council.
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.
Mr. Miller said that he would send a detailed report about the meeting staff held with
Sunridge. He said that they thought it was just a board meeting, but they had a lot of
residents attending. They were trying to make sure they survey the entire community.
This park has been a project in the Town's CIP for many years.
Vice Mayor Magazine noted that he and Ms. Goodwin have made an appointment to
meet with Bruce Boyce. Also, he would like to know what comes into play legally, with
regard to detox facilities, group homes, sober homes, etc.
10.ADJOURNMENT
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor Alan
Magazine to adjourn.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of January 18, 2022 10 of 11
The Regular Meeting of the Fountain Hills Town Council held January 18, 2022,
adjourned at 7:43 p.m.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 18th day
of January, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 1st day of February, 2022.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of January 18, 2022 11 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 19, 2022
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Special Meeting of January 19, 2022, to order at 5:01 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey (telephonically); Councilmember Mike Scharnow;
Councilmember David Spelich (telephonically); Councilmember Gerry Friedel
(telephonically); Councilmember Sharron Grzybowski; Councilmember Peggy
McMahon; Vice Mayor Alan Magazine (telephonically)
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike
Scharnow to recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 5:01 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body;
and discussions or consultations with designated representatives of the public body in order to
consider its position and instruct its representatives regarding negotiations for the purchase, sale
or lease of real property, pursuant to A.R.S. 38-431.03(A)(3) and (7), respectively.
i.Park Place Amended Development Agreement
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:53 p.m., at which time the
Special Meeting of January 19, 2022, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of January 19, 2022 2 of 2
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/01/2022 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 Dark Sky Association
for a beer garden in conjunction with the Dark Sky Festival on March 26, 2022.
Staff Summary (Background)
The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License
application submitted by Scott Adams, representing the Fountain Hills Dark Sky Association for
submission to the Arizona Department of Liquor. The applicant and Fountain Hills Dark Sky Association
are keenly aware that the final issuance of a liquor license as well as approval to hold the Dark Sky
Festival on March 26, 2022, is contingent upon the state, county, and local ordinances and guidelines as
it relates to public health and the COVID-19 pandemic.
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\2022
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 01/26/2022 11:09 AM
Finance Director David Pock 01/26/2022 01:36 PM
Town Attorney Aaron D. Arnson 01/26/2022 01:59 PM
Town Manager Grady E. Miller 01/26/2022 04:50 PM
Form Started By: Linda Ayres Started On: 01/26/2022 10:28 AM
Final Approval Date: 01/26/2022
2022 Fountain Hills Dark Sky Festival Layout
Venue: Fountain Hills Community Center
4/9/2021 Page 1 of 3
Individuals requiring ADA accommodations please call (602)542-9027
A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852
1-10 days consecutive days only, Cash, Checks or Money Orders Only
SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and
authorized by an Officer, Director, or Chairperson of the Organization.
1. Applicant:
2. Applicant’s mailing address:
Street City State Zip
3. Applicants home/cell phone: Applicant’s business phone:
4. Applicant's email address:
SECTION 2 Name of Non-Profit Organization, Candidate or Political Party/Gov.:
SECTION 3 Non-Profit/IRS Tax Exempt Number:
SECTION 4 Event Location:
SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days.
See A.R.S. § 4-244(15) and (17) for legal hours of service.
DLLC USE ONLY
Job #:
Date Accepted:
CSR:
License #:
**SEPARATE APPLICATION FOR EACH “NON-CONSECUTIVE” DAY**
Days Date Day of Week Event Start
Time AM/PM License End
Time AM/PM
DAY 1:
DAY 2:
DAY 3:
DAY 4:
DAY 5:
DAY 6:
DAY 7:
DAY 8:
DAY 9:
DAY10:
Arizona Department Liquor License and Control
800 W Washington St. 5th Floor
Phoenix, AZ 85007-2934
azliquor.gov
602-542-5141
SPECIAL EVENT LICENSE APPLICATION
FEE $25.00 PER DAY
4/9/2021 Page 2 of 3
Individuals requiring ADA accommodations please call (602)542-9027
SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event?
(List type and number of police/security personnel and type of fencing or control barriers, if applicable.)
_________________Number of Police _________________ Number of Security Personnel Fencing Barriers
Explanation:
SECTION 7 Will this event be held on a currently licensed premises and within the already approved premises?
Yes No If yes, Local Governing Body signature is not required.
Name of Business License Number Phone (Include Area Code)
SECTION 8 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read
R-19-318 for explanation and check one of the following boxes.
Place license in non-use
Dispense and serve all spirituous liquors under retailer’s license
Dispense and serve all spirituous liquors under special event
Split premise between special event and retail location
SECTION 9 What is the purpose of this event?
On-site consumption Off-site (auction/wine/distilled spirits pull) Both
SECTION 10
1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years?
Yes No If yes, attach explanation.
2. How many special event days have been issued to this organization during the calendar year?
3. Is the Organization using the services of a Licensed Contractor?
Yes No If yes, please provide the Name of the Licensed Contractor:
4. Is the organization using the services of a series 6, 7, 11, or 12 licensee to manage the sale or service of alcohol?
Yes No if yes, please provide the Name of Licensee:License #:
5.The applying non-profit organization must receive 25% of the gross revenues of the total liquor sales. List the names
of the individuals or organizations who will receive the rest of the proceeds, MUST EQUAL 100%.
Name: Percentage:
Address:
Street City State Zip
Name: Percentage:
Address:
Street City State Zip
4/9/2021 Page 3 of 3
Individuals requiring ADA accommodations please call (602)542-9027
Date Received: ______________________
I, ____________________________________ _____________________________ recommend APPROVAL DISAPPROVAL
(Government Official) (Title)
On behalf of _____________________________, _____________________________, _____________,
(City, Town, County) Signature Date Phone
Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License.
ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY.
NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS
PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE.
SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are
authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram
of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control
measures and security position.
If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location
that is not covered by the existing liquor license, this application must be approved by the local government before submission
to the Department of Liquor Licenses and Control. Please contact the local governing board for additional application
requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For
more information, please contact your local jurisdiction.
SIGNATURE
GOVERNING BOARD
DLLC USE ONLY
A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by
state employees: enforcement; notice
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically
authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a
licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement
or condition.
D. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award
reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state
for a violation of this section.
E. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action
or dismissal pursuant to the agency's adopted personnel policy.
F. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.
ATTACH DIAGRAM
I, (Print Full Name) hereby swear under penalty of perjury and in compliance
with A.R.S. § 4-210(A)(2) and (3) that I have read and understand the foregoing and verify that the information and
statements that I have made herein are true and correct to the best of my knowledge.
Applicant Signature:
APPROVAL DISAPPROVAL BY: _________________________________ ____________ DATE: _________________________
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/01/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of Artistic Land Management Landscaping, Inc. Contract 2022-057
Staff Summary (Background)
The majority of parks, open space, and median landscaping maintenance is performed by a contracted
vendor. Contracted maintenance activities include grounds keeping, mowing, trimming, pruning,
over-seeding, and weed abatement treatments.
The landscape contract with the town's current vendor, Brightview, has been in effect since May 2020
and was terminated as of December 31, 2021, at the vendor's request. In order to ensure maintenance
activities continue without a break of service, the town initiated a Request for Proposals for Landscape
Services with advertisements in the Fountain Hills Times and the Arizona Republic to secure a new
contract. The bids cover work in the parks, medians, open space, and facilities. Proposals were received
from four vendors and scored by a five-person panel to select the most qualified vendor. The scoring
system took into account the proposal’s general information, experience and qualifications, key
positions, project approach, project schedule, and budget.
The review panel recommends award of contract to Artistic Land Management. The contract is for a
one-year term and may be renewed up to four successive one-year terms. The annual amount of the
contract is not to exceed $542,233, a total aggregate amount including renewals not to exceed
$2,711,165.00.
Artistic Land Management, Inc. (ALM) has worked with Town of Fountain Hills, City of Chandler, City of
Scottsdale, City of Phoenix, City of Peoria, City of Casa Grande, Housing Authority of Maircopa County,
municipalities, universities, community colleges, and other government agencies for the past 24 years.
Key personnel within ALM have over 90 years of combined experience and have the necessary resources
to carry out this contract. They have a fleet of 45 vehicles and 90-100 full-time employees.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Open space, park, and median landscaping must be maintained for the health and safety of residents.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
SUGGESTED MOTION
MOVE to approve a multi-year contract (Contract 2022-057) with Artistic Land Management
Landscaping Inc. in an annual amount not to exceed $542,233.
Attachments
Artistic Land Management Inc Contract
Exhibit A - Artistic Land Management Contract
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 01/19/2022 03:23 PM
Finance Director David Pock 01/19/2022 06:00 PM
Town Attorney Aaron D. Arnson 01/20/2022 08:19 AM
Town Manager Grady E. Miller 01/22/2022 08:17 AM
Form Started By: Patti Lopuszanski Started On: 01/06/2022 02:25 PM
Final Approval Date: 01/22/2022
1
Contract No. 2022-057
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ARTISTIC LAND MANAGEMENT, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and Artistic Land Management, Inc., an Arizona corporation (the “Vendor”).
RECITALS
A. The Town issued a Request for Proposals 2021-RFP-006 (the “RFP”), a copy of
which is on file with the Town and incorporated herein by reference, seeking proposals from
vendors interested in providing town-wide landscaping services (the “Services”).
B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”),
attached hereto as Exhibit A and incorporated herein by reference.
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
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 Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective upon execution and shall
remain in full force and effect until December 31, 2022 (the “Initial Term”), unless terminated as
otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement
may be renewed for up four successive one-year terms (each, a “Renewal Term”) if: (i) it is deemed
in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii)
at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests,
in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves
the additional one-year term in writing (including any price adjustments approved as part of this
Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be
withheld by the Town for any reason. The Vendor’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 Vendor,
elect to waive this requirement and renew this Agreement. The Initial Term and all Renewal
Terms, if any, 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
2. Scope of Work. Vendor shall provide the Services as set forth in the Proposal
attached hereto as Exhibit A and incorporated herein by reference.
3. Compensation. The Town shall pay the Vendor an annual amount not to exceed
$542,233 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated
herein by reference. The aggregate amount, including all renewal terms, shall not exceed
$2,711,165.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor’s performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
3
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,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
4
E. Primary Insurance. Vendor’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this
Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
5
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain “occurrence”
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims
6
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to liability
arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Vendor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
7
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
8
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
9
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
10
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: Artistic Land Management, Inc.
P.O. Box 2320 (Mailing)
Chandler, AZ 85244
506 E Boston Circle (Physical)
Chandler, AZ 85225
Attn: Vanessa Hernandez
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.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
11
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and
its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection, Vendor 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 Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Vendor 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). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
13.18 Israel. Vendor 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.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
[SIGNATURES ON FOLLOWING PAGES]
12
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ARTISTIC LAND MANAGEMENT, INC.
[Consultant’s Proposal]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
RESPONSE DEADLINE: November 8, 2021 at 5:00 pm
Report Generated: Tuesday, December 14, 2021
Artistic Land Management, Inc Proposal
CONTACT INFORMATION
Company:
Artistic Land Management, Inc
Email:
vanessa@alminc.net
Contact:
Vanessa Hernandez
Address:
P.O. Box 2320
Chandler, AZ 85244
Phone:
N/A
Website:
artisticlandmanagementinc.com
Submission Date:
Nov 8, 2021 4:44 PM
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Nov 8, 2021 12:06 PM by Vanessa Hernandez
Addendum #2
Confirmed Nov 8, 2021 12:06 PM by Vanessa Hernandez
Addendum #3
Confirmed Nov 8, 2021 12:06 PM by Vanessa Hernandez
QUESTIONNAIRE
1. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
Pass
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
Pass
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 3
NO GRATUITY*
Pass
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, l oan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Propo sal. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent,
except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any
means shall void the submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
Pass
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
Pass
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the
authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or
misleading statement, shall void the submitted Proposal and any resulting Agreement.
Confirmed
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 4
PROFESSIONAL SERVICES AGREEMENT*
Pass
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
REFERENCE CHECKS*
Pass
References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes
the Town’s representative to verify all information from these references and releases all those concerned from any liability in
connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered
non-responsive.
Confirmed
2. Vendor Proposal
GENERAL INFORMATION*
Pass
A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal".
B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address,
identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole
proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under
this section for each member. If a limited liability company, provide the name of the member or members authorized to act on
the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the
corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of
the person to contact concerning the Proposal.
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 5
C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that
supports the Vendor’s authority to provide services in Arizona.
D. Provide a general description of the Vendor’s organization, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last
five years. Briefly describe the circumstances and the outcome.
F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe
the circumstances and the outcome.
General_Info.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
Pass
A. Provide a detailed description of the Vendor’s experience in providing similar services t o municipalities or other entities of a
similar size to the Town, specifically relating experience with respect to Town Wide Landscaping.
B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose
of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and
“similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you
successfully completed a similar project. This list shall include, at a minimum, the following information:
1. Name of company or organization.
2. Contact name.
3. Contact address, telephone number and e-mail address.
4. Type of services provided.
5. Dates of contract initiation and expiration.
Experience_and_Qualifications.pdf
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 6
KEY POSITIONS*
Pass
A. Identify each key personnel member that will render services to the Town including title and relevant experience required,
including the proposed project manager and project staff.
B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of
what their role will be in providing services to the Town.
C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for
providing supervision must be included.
D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in
this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward
the Proposal page limit. However, each resume shall not exceed two pages in length.
Key_Positions.pdfResumes_and_Certs.pdf
PROJECT APPROACH*
Pass
A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to
contract management, including its perspective and experience on partnering, customer service, quality control, scheduling
and staff.
B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include
rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s
Representatives.
Project_Approach.pdf
PRICING*
Pass
PROPOSAL DOCUMENT REPORT
RFP No. 2021-RFP-006
Town Wide Landscaping
PROPOSAL DOCUMENT REPORT
Request for Proposals - Town Wide Landscaping
Page 7
Vendor shall submit the same number of copies of the Fee Proposal as described in section titled "RFP Submission Process" subsection
titled "Pricing" in a separate, sealed envelope enclosed with the Vendor’s Proposal with the signature of the representative of the
Vendor who is authorized to make such an offer. The Fee Proposal must be provided in the format attached as Exhibit C of the
Professional Services Agreement. The Fee Proposal shall list the individual cost for each of the program expenses and shall be
provided in a spreadsheet format to enable the Town staff to determine (1) total labor hours, (2) key team member(s) prop osed for
each task and sub-task and (3) number of management, engineering, technical, drafting and support personnel hours proposed for
the project. The hourly rate, name of the team member and staff classification shall be included in the spreadsheet. Identify all other
costs to be billed to the project, including project expenses (no mark-up on expenses will be allowed) and subcontractor fees.
Confirmed
PRICING SHEETS/INVOICING SHEETS*
Pass
Please download the below documents, complete, and upload.
• facility_service.xlsx
• open_space_service.xlsx
• parks_service.xlsx
Pricing.pdf
PRICE SHEETS UPLOAD*
Pass
Upload all price documents here.
parks_service.xlsxfacility_service.xlsxopen_space_service.xlsx
From:Vanessa Hernandez
To:Robert Durham
Subject:Re: Phase 2/RFP Landscaping/Project 2021-RFP-006
Date:Friday, November 19, 2021 9:24:38 AM
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have verified the sender and know the content is safe.
Good morning Robert,
I’m sorry, it looks like we did pricing for this because it was written in the scope of work but there was no line
item in the price sheet. Our price is $52.00 per tree, $10,400.00 total.
Regards,
Vanessa Hernandez
Get Outlook for iOS
From: Robert Durham
Sent: Thursday, November 18, 2021 12:26:29 PM
To: Robert Durham
Subject: Re: Phase 2/RFP Landscaping/Project 2021-RFP-006
Good afternoon current bidders:
As all responsive bidders missed the price category below, please respond with a price. Once we have a complete
price sheet we can finish the evaluations and make an award.
Rob Durham
Procurement Administrator
Town of Fountain Hills
p: (480) 816-5128 m: (816) 786-8931
a: 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
w: www.fh.az.gov e: rdurham@fh.az.gov
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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 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/01/2022 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 to provide staff with direction on requested amendments to the Park Place
Development Agreement.
Staff Summary (Background)
N-Shea, the developer of Park Place, is ready to move forward with the additional phases of this
development. The project has a development agreement that was approved by the Town Council on
June 16, 2016. That development agreement includes four provisions that the developer is now
requesting to modify. Those changes include:
Reducing the total number of parking spaces in the "New Town Parking Lots" from 130 to 103
Amending the ratio of residential space to commercial space from 10:1 to 12.4:1
Allowing for four stories of residential use in Building B
Allowing building E to have ground floor residential uses
Attached are the documents outlining the requested modifications with the applicant's reasoning for
the modifications and a copy of the filed development agreement. The applicant will be present to
describe the proposed development and need for the requested development agreement amendments.
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)
The drafters of the development agreement spent many months considering the needs of the Town and
this property. Consideration was given to many aspects of the community and how markets may
change over time. Staff does not have significant concerns with the request to modify the ratio of
residential to commercial space or to allow for Building B to become a four-story building still within the
established height limits. Staff must also, however, consider the work and study that went into the
existing agreement; the standard requirements of the zoning ordinance for this area; and the downtown
location of this project. Staff, therefore, has some concern for the reduction in the new Town parking
lot and to the change to residential uses along the Avenue of the Fountains, which should be considered
very carefully and are appropriate for determination as a matter of policy by the Town Council.
SUGGESTED MOTION
MOVE to direct staff on which of the requested development agreement modifications to finalize for
final consideration.
Attachments
Requested Modifications
Approved Development Agreement
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 01/20/2022 11:07 AM
Finance Director David Pock 01/24/2022 06:36 AM
Town Attorney Aaron D. Arnson 01/24/2022 09:36 AM
Town Manager Grady E. Miller 01/24/2022 09:32 PM
Form Started By: John Wesley Started On: 01/20/2022 10:04 AM
Final Approval Date: 01/24/2022
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/01/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative
Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting
the Legislative Bulletin will be attached to the Town Council agenda which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the
major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the
current League's Legislative Bulletins will also be attached to the staff reports going forward during the
2022 Legislative Session.
Related Ordinance, Policy or Guiding Principle
Council adopted 2022 Legislative Policy Agenda
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
2022 Legislative Policy Agenda
Bulletin - Issue 1
Bulletin - Issue 2
Form Review
Form Started By: Elizabeth A. Klein Started On: 01/25/2022 07:49 PM
Final Approval Date: 01/25/2022
1
2022 State Legislative Agenda
The Town Council of Fountain Hills
Prepared by
Jack W Lunsford
The Lunsford Group
2
Mission
To enrich and provide an active quality of life for all residents and visitors through proactive
community engagement, resolute stewardship of amenities and open spaces, and the
enhancement of the overall health and well-being of our town.
Strategic Priorities
The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities:
Maximizing Economic Development Opportunities in Fountain Hills
o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe
o Attracting Families and Working Professionals
o Ensuring that Fountain Hills Finances are Stable and Sustainable
o Focusing on Strengthening the Community and Improving the Town’s Quality of Life
2022 Legislative Resolutions
League of Arizona Cities and Towns
(Endorsed and Supported)
AMEND state statute to specify a period when cities and towns may prohibit the use of
permissible fireworks and modify definitions of illegal and permissible fireworks.
AMEND statute to allow cities and towns to amend their budgets after the initial budget
has passes while following notice and hearing statutes and with strong oversight and
approval requirements.
SEEK legislative and/or non-legislative solutions, working with housing and homeless
advocates, the Department of Housing, and state legislators, to provide local
governments, regional partners, and continuum of care providers additional resources to
combat street homelessness in our communities.
SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once
an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town
or town provides the same service that had been performed by the district, or the district
service is no longer needed.
3
Town of Fountain Hills
2022 State Legislative Agenda
CORE PRINCIPLES
Preserve Local Funding
PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from
collecting a local income tax and luxury taxes and, in exchange, have authorized the
establishment of an urban revenue-sharing distribution of state income taxes to municipal
governments. Currently that percentage is 15%, however in 2021 the Legislature passed
SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024.
SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the
constitutionality of this and other 2021 legislative actions and, depending on the outcome, this
could put pressure on the Arizona Legislature to revisit the provisions of the new law.
Preserve Local Control
OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that
its citizens can self-govern in their best interest. Every legislative session legislation is
proposed that creates unfunded mandates on cities and towns and/or preempts the ability of
municipal councils to set policy through ordinances and regulations at the local level which are
in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all”
legislative approach that doesn’t consider the differences in municipalities or the priorities of the
residents. Such efforts should be opposed.
2021 Key Positions
PRESERVE the current minimum urban revenue sharing percentage for cities and towns
at 15%.
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorities and to expand any
applicable penalties.
SUPPORT legislation addressing the negative impacts short-term rental properties can
have on adjacent properties and neighborhoods.
SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible
consumer fireworks between the hours of 10:00 PM and 8:00 AM.
4
LEGISLATIVE POLICY STATEMENTS
LOCAL GOVERNMENT
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorit y and to expand any penalties.
SUPPORT legislation that further limits SB1487 provisions.
OPPOSE legislation that creates unfunded mandates for municipalities.
SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S.
Supreme Court decision.
LOCAL GOVERNMENT FINANCE
OPPOSE legislation that reduces or negatively impacts the collection of transaction
privilege tax (TPT), State Shared Revenues, or other local revenues.
OPPOSE changing the imposition of construction sales taxes to “materials only” or other
methods that do not equitably return those revenues to where the construction activity
occurs.
NEIGHBORHOODS and QUALITY OF LIFE ISSUES
SUPPORT legislation providing additional tools and remedies for municipalities to
regulate short-term rentals in their communities.
OPPOSE legislation that would limit or curtail the Town’s current zoning authority,
particularly in residential areas.
OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the
renting or leasing of real property for residential purposes.
OPPOSE legislation that preempts a city or town from establishing or enforcing its
ordinances regulating tobacco, vapor, or alternative nicotine products.
5
PUBLIC SAFETY
OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce
its Fire Code provisions.
OPPOSE legalizing additional fireworks or other changes that would increase the risk of
fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.
PRESERVE local control authority that allows cities and towns to regulate the use and
discharge of firearms within municipal boundaries.
TRANSPORTATION
SUPPORT extension of ½-cent sales tax to support regional transportation projects in
Maricopa County.
SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to
cities and towns.
Issue 1
Legislative Update:
Today is the fifth day of the second session of the 55th Legislature. Lawmakers
convened on Monday to open the session and hear Governor Ducey’s eighth State of
the State address. The governor outlined his accomplishments from the past seven
years and goals for his final legislative session. Governor Ducey spoke at length about
school choice, water, the border and the prospect of future tax cuts. A full transcript of
the speech can be accessed at this link and the full recording can be found here.
This past interim saw a record number of vacancies at the Legislature, with 12
resignations and one death, there are a total of nine new faces at the capitol. In addition
to items outlined in the governor’s speech, the new legislative session will likely be
dominated by topics including election security, education, COVID-19 vaccines, and
debate over how to allocate a $1.7 billion budget surplus. This session’s budget
process may potentially differ from prior sessions given the Arizona’s Supreme Court
recent ruling on single-subject violations found in the FY 22 budget. With a one-vote
majority in each chamber, capitol insiders expect a longer than usual session.
Monday Legislative Update Calls
The League will continue to host a weekly conference call to report on the status and
impact of various bills in the 2022 session. The calls are scheduled for Monday
mornings at 10:00 a.m. However, because of Opening Day and the Martin Luther King,
Jr. holiday, the first call will be held at 10:00 a.m. on Tuesday, January 18.Mayors,
councilmembers, managers and other city or town staff who are interested in legislative
activities are invited to participate. Call-in numbers and a brief agenda will be sent out
prior to the calls. If you would like to receive the Monday agendas, please
contact league@azleague.org and request to be added to the distribution list for the
Monday conference call.
Legislative Intern
The League is pleased to welcome Tim Donnelly as the 2022 APS Legislative Intern.
Tim is from Bullhead City and is a senior at Arizona State University. Mr. Donnelly is
currently pursuing degrees in philosophy and political science. He serves as president
of Pi Sigma Alpha Honor Society and is vice-president of ASU’s undergraduate
philosophy club. Tim hopes to attend law school following graduation in the fall, with
the goal of becoming a prosecutor. We are excited and proud to have Tim on the
legislative affairs team this session.
Your Voice at the Capitol
The 2022 edition of Your Voice at the Capitol, our listing of state senators and
representatives is available here. Please use this document to access contact
information for your delegation. Early contact with your legislators is strongly
recommended to establish a relationship with the elected officials representing your
district. Maintaining good communications with your legislators provides them with
valuable insight as to how proposed legislation may impact the communities in their
districts.
Additionally, you can contact our legislative division at (602) 258-5786 or email using
the information below:
Tom Savage,Legislative Director:tsavage@azleague.org
Roxanna Pitones,Senior Legislative Associate:rpitones@azleague.org
Tim Donnelly,Legislative Intern:legisintern@azleague.org
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session
Legislative Update:
Today marks the 12th day of the legislative session. 1,060 measures have been
introduced in both the House and the Senate. The seven -bill introduction limit started
on January 13th at 5 pm. Moving forward, representatives may only introduce seven
bills as a prime sponsor, up until the bill introduction deadline on February 7th. The bill
introduction deadline for the Senate is on January 31 st
Attorney’s Fees Prohibition
On Thursday, the Senate Judiciary Committee heard SB1158 attorney fees; costs;
recovery sponsored by Senator Vince Leach (R-Saddlebrooke). It will preclude an
award of attorney’s fees in any action against the government and non -government
parties where a contract is alleged to violate state law, the state, or the federal
constitution. It also precludes attorney’s fees in any action that seeks equitable relief
against a government entity.
The League testified in opposition to the bill because of increased unnecessary
litigation that will tie up court and taxpayer resources and not allow a municipality to
be awarded attorney fees if they prevail in court. SB1158 will allow plaintiffs to file
questionable lawsuits against government entities without the risk of paying the
prevailing party’s attorney’s fees. This bill would also impair existing contracts that
stipulate the recovery of attorney fees for the prevailing party. Instead, the bill requires
the judge to ignore the negotiated terms of the contract and preclude governments
from exercising their contractual rights to recover expenses if they prevail in litiga tion.
The bill passed on a party-line vote and will proceed to the Rules Committee.
All-Mail Elections Prohibition
On Monday afternoon, the Senate Government committee is scheduled to hear SB
1133 schools; cities; all mail prohibited, sponsored by Senator Wendy Rogers (R-
Flagstaff). If enacted, the bill would prohibit cities, towns, and school districts from
conducting all-mail ballot elections beginning January 2023. The League will testify in
opposition to this bill because it will infringe on local elected leaders' ability to decide
how to run their local elections. Vote by mail facilitates voting for individuals who may
not otherwise have access to the polling location, such as military members and their
families, or individuals with disabilities. Vote by mail additionally reduces the cost of
elections for cities and towns. SB 1133 has been assigned to two committees, and will
have to be considered and passed in both in order to move forward.
Executive Budget
The Governor released his executive budget proposal for FY23 last Friday. The $14.25
billion budget proposes new spending for water infrastructure, increasing the balance
of the state’s rainy-day fund, and addressing some of the state’s transportation needs.
Other items of interest to cities and towns include:
$611.3 to PSPRS for the state’s unfunded liabilities (this will not impact individual
city/town unfunded liabilities)
$10M for cyber security grants available for cities and towns and school districts
$50M state investment for rural transportation grants
$400M for I-10 expansion between Casa Grande and Phoenix
Additional information on the proposal can be found here, and a recording of the Office
of Strategic Budget and Planning’s (OSBP) presentation is linked here.
This year’s budget process will be impacted by the Arizona Supreme Court's recent
ruling on single-subject in which the court struck down provisions within last year’s
budget that were either not related to the bill’s short title or that encompassed several
subjects.