HomeMy WebLinkAbout2022.0405.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Alan Magazine
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, APRIL 5, 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
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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
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Update by Fountain Hills Coalition
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
March 15, 2022, and the Regular Meeting of March 15, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-15 approving the designation of
Chief Fiscal Officer of the Town of Fountain Hills for FY22.
8.REGULAR AGENDA
Town Council Regular Meeting of April 5, 2022 2 of 4
A.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-01, amending
Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of family and
community residences, the regulations for community residences, and provide the zoning
districts where community residences are permitted.
B.CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to
Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and
Construction, Inc.
C.CONSIDERATION AND POSSIBLE ACTION OF Resolution 2022-014, approving Amendment
One to the Intergovernmental Agreement with the State of Arizona for design and
construction of sidewalk gap elimination along Saguaro Boulevard and Palisades Boulevard
D.CONSIDERATION AND POSSIBLE ACTION: Approval on Amendment No.1 to Cooperative
Purchasing Agreement C2022-013 with Brown & Associates Certified Inspection, Services,
INC
E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement
2022-039 with Systems 4 for Town Janitorial Services.
F.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
Town Council Regular Meeting of April 5, 2022 3 of 4
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 ____________________, 2022.
_____________________________________________
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 April 5, 2022 4 of 4
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Special Meeting of March 15, 2022, and the Regular
Meeting of March 15, 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 March 15, 2022, and the Regular
Meeting of March 15, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of March 15, 2022, and the Regular Meeting of
March 15, 2022.
Attachments
2022.0315.TCSMES.Minutes
2022.0315.TCRM.Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 03/25/2022 11:55 AM
Form Started By: Elizabeth A. Klein Started On: 03/24/2022 11:01 AM
Final Approval Date: 03/25/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
MARCH 15, 2022
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held March 15,
2022, to order at 4:00 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David
Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Development
Services Director John Wesley; Town Clerk Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to recess into Executive Session.
Vote: 5 - 0 Passed - Unanimously
4.EXECUTIVE SESSION:
The Fountain Hills Town Council recessed into Executive Session at 4:00 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. Section 38-431.03(A)(3).
i.Ordinance regarding Sober Living Text Amendment
John Paldini, Pierce Coleman, joined the meeting at 4:17 p.m.; Councilmember Spelich joined
the meeting at 4:22 p.m.; and Vice Mayor Friedel joined the meeting at 4:29 p.m.
Mr. Paldini left the meeting at 5:04 p.m.
ii.Adero Development Agreement Amendment
B.Discussion or consultation for legal advice with the attorney or attorneys of the public body; and
discussion or consultation with the attorneys of the public body in order to consider its position
and instruct its attorneys regarding the public body's position regarding contracts that are the
subject of negotiations, in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation, pursuant to A.R.S. Sections 38-431.03(A)(3)
and (4), respectively.
i.Park Place Site Plan and Development Agreement
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:28 p.m., at which time
the Special Meeting of March 15, 2022, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of March 15, 2022 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
MARCH 15, 2022
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held March
15, 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; Councilmember Mike Scharnow; Councilmember David
Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember Alan Magazine
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
Counclimember McMahon said that she attended the Irish Fest and it was great. Vice
Mayor Friedel said that was also there, and he attended the ribbon cutting for The
Havenly.
Councilmember Grzybowski said that she attended the groundbreaking for the Fountain of
Light, as well as the legislative update call this week. She and Councilmember Scharnow
attended a call regarding broadband, and she and her husband worked at the Irish Fest
last weekend. She said they had record sales, with around 8,000 in attendance.
Mayor Dickey thanked them and all volunteers for putting together the Irish Fest.
She said that she attended the Coalition's essay contest, and it was an honor for her to go
and meet the students. She, too, attended the Fountain of Light groundbreaking.
Mayor Dickey reported that she attended a Fountain Hills Cares meeting, and also Zoom
calls with Senators Kelly and Sinema regarding the federal Infrastructure Bill.
She said that the bill regarding condo ownership changes requiring 100% of the owners to
agree to a sale got through the Senate Commerce Committee, and she hopes to see that
get through.
She attended the GPEC Mayors/Supervisors quarterly meeting and also a meeting with
the Arizona/Canada group.
A.RECOGNITION : Stellar Students for February 2022
Mayor Dickey read what had been written about each of the following students. They
came forward and received a certificate and a group photo was taken.
Sydney Hagerman McDowell Mountain Elementary School
Matthew Nunez McDowell Mountain Elementary School
Mia Junk Fountain Hills Middle School
Jayden Pena Fountain Hills Middle School
Hannah Mowers Fountain Hills High School
Tory Johnson Fountain Hills High School
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Monthly Update by the Maricopa County Sheriff's Office.
Lt. Halverson, Acting Division Manager for Fountain Hills MCSO, gave a report on two
incidents that recently occurred in Town. First, on February 6, 2022, there was a break-in
at Fountain Hills Bikes where a $5000 - $7000 bike was stolen after they broke the
window to get. They contacted the crime lab, who responded and took DNA blood
samples from the window. They put that in for analysis and received a rapid DNA hit.
They were able to identify the suspect, and they reached across the border and worked
as a team to push the suspect back into Fountain Hills. He was then arrested and
confessed. They have worked to build relationships with neighboring communities and it
always makes things better. He said that the officers (Det. Sgt. Broadwater, Det. Bowers,
Det. Roberts and Det. Garcia) are all very experienced, and it shows that Fountain Hills
MCSO goes the extra mile.
Second, was an incident where the restrooms at Four Peaks Park were destroyed. They
reviewed the surveillance footage and saw two girls doing the damage. They contacted
the School Resource Officer, Deputy Hampton. She is exceptionally engaged in her work,
and she recognized the girls. They conducted an interview and both confessed.
He said that while these efforts may be small, they go to show the work product and ethics
of their officers.
He reported that they are receiving a new Officer in Training, and he is hoping that once
he has completed his training they can keep him.
Councilmember Magazine said that it was excellent work. He said that it sounds like it
took a lot of manpower to identify who stole the bike. He asked how they triage these
things, and why they spend so much time. Lt. Halverson said that Fountain Hills has every
kind of crime. Their officers have a high level of experience and while there are other
cases as well, they are extremely efficient. He said that there are a lot of resources that
Fountain Hills enjoys that certain agencies do not, such as the crime lab.
Councilmember Spelich said that he has known Lt. Halverson for three years. He said that
the Town did not have him for over a year, but now they are lucky to have him back. He
added thoughts and prayers to Captain Kratzer.
Town Council Regular Meeting of March 15, 2022 2 of 9
added thoughts and prayers to Captain Kratzer.
Vice Mayor Friedel said that it was a great report, and it is important to share to show
there are resolutions to cases.
Mayor Dickey thanked Lt. Halverson and the department.
B.PRESENTATION: Communications Strategic Plan and Citizen Engagement Plan.
Mr. Miller said that within the next five years, when they see the results of another overall
survey, they hope to see that residents are getting most of their information from the
Town. Bo Larsen, Community Relations Manager/PIO, then gave a PowerPoint
presentation which addressed:
THE COMMUNICATIONS STRATEGIC PLAN KEY GOALS
1. To establish the Town of Fountain Hills as the primary source for Town news,
emergency communications, and information on events.
2. To inform, educate and engage residents and stakeholders about Town
responsibilities, services, activities, and results.
3. To inform Town elected officials and Town leadership of any Town projects, incidents,
and potential and current media coverage.
4. To help inform, educate and engage Town employees about the policies, procedures
and information they need to succeed in their jobs and repent the Town in public
interactions.
TO ACHIEVE COMMUNICATION GOALS
Raise public awareness of the decisions made by the Town Council and Town Manager
using multiple communication channels
Crisis communications planning and action as needed
Provide Town information via the web, social media, printed newsletters, and the news
media
Stream Town Council meetings live on www.fountainhillsaz.gov and Cox Cable
Government Access Ch. 11 with replays on YouTube
Respond in a timely manner to media and public records requests
Utilize video, digital and multimedia content to enhance communication
Design and produce printed and digital content that engages and informs the reader
Create custom communication plans to address Town client needs
Speech writing and media coaching for elected officials and key town staff, as needed
GOAL: DELIVER EFFECTIVE CRISIS COMMUNICATIONS
GOAL: PRODUCE HIGHLY VISUAL AND INFORMATION SOCIAL MEDIA
GOAL: BUILD AND MAINTAIN STRONG MEDIA RELATIONS
GOAL: BUILD A STRONG ONLINE DIGITAL MANAGEMENT SYSTEM
GOAL: PRODUCE PROACTIVE AND RESPONSIVE PUBLIC INFORMATION AND
COMMUNITY RELATIONS
GOAL: CREATE ENGAGING EMPLOYEE COMMUNICATIONS
GOAL: CITIZENS ENGAGEMENT PROCESS
GOAL: DEVELOP VERSATILE VISUAL CONTENT LIBRARY
MEASURING EFFECTIVE COMMUNICATIONS
Councilmember Magazine said that Mr. Larsen does a terrific job and is incredibly
Town Council Regular Meeting of March 15, 2022 3 of 9
ambitious. He is concerned that he is setting himself up for failure with how many
goals/tasks he has listed. Mr. Miller said that he believed Mr. Larsen can do it. A lot of
what is listed has already been started, and he is using other resources.
Councilmember Magazine suggested that he provide a quarterly report to the Town
Council on the various things he is working on. Mr. Miller said that was a good suggestion.
Vice Mayor Friedel told Mr. Larsen to keep doing a good job. He could not think of when
communications have been better.
Councilmember Spelich asked Mr. Larsen how long he has worked for the Town. Mr.
Larsen replied about one and one-half years. Councilmember Spelich said that the plan is
well put together, and in his first year versus now, communication is off the chart. He said
that he would like the Council to consider having an emergency hotline, a dedicated
phone number for residents.
Councilmember Grzybowski said that the amount of communication since she has been
on board, and changes on the website, are leaps and bounds over prior. Councilmember
Scharnow said that he echoed everything said so far. He said that having been on the
other side of the fence, it has been a good transformation.
Mayor Dickey said that when they first discussed this position, it was noted that
councilmembers should be communicating with the residents, and that was their job. She
said that it was right, it was all their jobs, but it is great having someone to devote their
time to such communications. She said that they are still working on making the website
more searchable, and with the pandemic they stopped their Town Talk Tuesdays, but she
would like to see them start doing that again. She said that the Times has been a huge
resource and the ability to work with them communicating has been invaluable. Bo has
great contacts, and she looks forward to all the things he will be doing, but he will not do it
alone.
Mr. Larsen thanked everyone for the comments. He said he feels fortunate, has over 30
years experience, and a lot of what has been outlined he is already doing.
Councilmember McMahon thanked Mr. Larson, adding that it is always a pleasure to work
with him and his professionalism.
Councilmember Magazine said that he agreed with everything that has been said, but he
still worries about him a little.
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.
Crystal Cavanaugh, Fountain Hills, said that she has witnessed the drafting of the group
home ordinance. It is solid, well-written and fair. She gave a big thank you to the Planning
and Zoning Commission and Mr. Wesley, and she urged the Town Council to pass it as
recommended.
Town Council Regular Meeting of March 15, 2022 4 of 9
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.
Councilmember Spelich abstained from voting on the Elks Lodge extension of premises
application (Item 7-D).
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda Items 7-A through 7-G (with Councilmember
Spelich abstaining on Item 7-D).
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular
Meeting of March 1, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Approval of a budget transfer for the
General Fund and Vehicle Replacement Fund.
C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-12 Authorizing
renewal of the Town of Fountain Hills' membership in the Arizona Metropolitan Trust.
D.CONSIDERATION AND POSSIBLE ACTION: Approval of an Extension of Premises
Application for the Fountain Hills Elks Lodge which is hosting a beer garden in conjunction
with a charity event on April 2, 2022.
E.CONSIDERATION AND POSSIBLE ACTION: Approving a Map of Dedication for a portion
of Serenity Estates.
F.CONSIDERATION AND POSSIBLE ACTION: Approval of a six-month extension to the
approved Special Use Permit to allow four residential units at an existing building located at
16842, 16843, 16844 and 16845 E. Avenue of the Fountains (generally located north of
Avenue of the Fountains, between Saguaro Blvd. and Verde River Dr.) and in the C-2
(Intermediate Commercial) Zoning District and the Entertainment Overlay District. SU
2021-04
G.CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit to allow
residential uses on a 0.58 acre property in the Community Commercial (C-C) zoning
district at 17134 E. Kingstree Blvd., generally located at the northwest corner of Saguaro
Blvd. and Kingstree Blvd.
8.REGULAR AGENDA
Town Council Regular Meeting of March 15, 2022 5 of 9
A.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-13 approving an
Intergovernmental Agreement with the City of Tempe authorizing the Town of Fountain Hills
to participate in the East Valley Regional Veterans' Court.
Court Administrator Joanna Elliott said that she is a veteran herself, and they have been
working in cooperation with other municipalities on the Veterans Court. When they
receive a case with a veteran involved, at their request, or that of their attorney, they refer
them to Veterans Court. The City of Tempe has done a great job partnering them with
resources for in-patient care, counseling, etc. The court is asking to continue that
partnership with them. The current budget is $650. They have referred three cases since
2018.
Councilmember Spelich thanked her for her service, and said he wholeheartedly
supported the program. He asked if they needed more money. Ms. Elliott replied that the
budgeted amount is ample. They provide pamphlets that make them aware of the
program, but they do not convince them to do it. She said that it is time consuming, but it
has been very successful. She said that a lot of times they get people with cases in
multiple jurisdictions.
Councilmember McMahon asked what the cost was to the Town. Ms. Elliott replied that
last year they paid $399.62.
Mayor Dickey noted that when she was at the State Attorney's Office they were just
starting this program, along with the Drug Court, Youth Court, Mental Health Court. Ms.
Elliott said that they have not seen much of a need for the Drug Court, but they are
looking further into the Mental Health Court.
MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember David Spelich to
adopt Resolution 2022-13.
Vote: 7 - 0 Passed - Unanimously
B.CONSIDERATION AND POSSIBLE ACTION: Reconsideration of denial of the Park Place
Site Plan, Phase III.
Mr. Wesley said that a couple of weeks ago the Town Council voted to deny the site plan
for Park Place. Since then, the applicant came back, noting that Building B did not have
many comments and is requesting that they reconsider the site plan for Building B. He
said that the first step in doing this would be to approve a motion for reconsideration.
Ed Stizza, Fountain Hills, said that one concern is that this would not apply to the rest of
the project, and he would like to see a different color for the accent, not orange.
Mr. Arnson said that if the Council does not want to move forward, they do not have to.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember David
Spelich to not reconsider the Park Place Phase III site plan.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of March 15, 2022 6 of 9
C.CONSIDERATION AND POSSIBLE ACTION: regarding the proposed site plan for Phase
III, Building B, of Park Place located on the west side of the 13000 block of North Verde
River Dr.
No action. Item above was not approved.
D.CONSIDERATION AND POSSIBLE ACTION: Authorization to Purchase and Install
Illuminated Speed Limit Signs.
Public Works Director Justin Weldy said that while the recommended motion was correct,
the amount of the estimate was reduced by $2,000.
He said that the locations were discussed and selected by the Traffic and Pedestrian
Safety Committee. Based on research, this is the best for the Town of Fountain Hills. It is
the latest in technology with online and phone support. He said that it will count traffic and
record their speed. At this time they are asking for permission to purchase and install five;
however, they would like to buy an additional five in this contract so they have those for
future use.
Councilmember Magazine thanked the Traffic and Pedestrian Safety Committee and all
involved; he thought this would be a tremendous asset. He is glad they are putting up five.
Councilmember Grzybowski said that she loved the idea of going with the ones with data,
but disappointed they were not going to the cloud based units. She has had people
question why they are putting it further north on Saguaro; people speed through there,
even if the lights are blinking. Mr. Weldy said that while the map is not exact, it will be as
they enter the Safety Corridor, just south of the crosswalk; it will be near it.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron
Grzybowski to authorize the purchase of ten (10) Illuminated Speed Limit Signs in the
amount of $30,410.00 from Centerline Supply, and for staff to install the signs shown on the
attached exhibit.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of March 15, 2022 7 of 9
E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services
Agreement 2022-074 with Cactus Asphalt.
Mr. Weldy said that in order to effectively utilize the Town’s limited street maintenance
budget, staff is proposing a pilot program that outlines the steps needed to preserve the
current pavement condition on two local street segments. The Pinal County Public
Works Department solicited bids for Street Maintenance & Repair Services and the Pinal
County Board of Supervisors selected and awarded the contract to Cactus Asphalt. The
company has agreed to extend Pinal County contract pricing to the Town of Fountain
Hills.
This is a low-cost solution to some of the roads that have exceeded their life and simply
need to be rebuilt. Staff is asking the Council to consider letting them proceed with this
pilot program and if successful use it on the pre-incorporation roads while they search
for long-term funding solutions.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Vice Mayor Gerry
Friedel to approve Professional Services Agreement 2022-074, between the Town of
Fountain Hills and Cactus Transport, Inc, D/B/A Cactus Asphalt in the amount of
$209,473.72.
Vote: 7 - 0 Passed - Unanimously
F.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.
Mayor Dickey said that they do not have anything new to bring forward, and she asked
that the Council take a look at the review provided by Jack Lunsford.
9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
None
10.ADJOURNMENT
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held March 15, 2022,
adjourned at 6:54 p.m.
Town Council Regular Meeting of March 15, 2022 8 of 9
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 15th day
of March, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 5th day of April, 2022.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of March 15, 2022 9 of 9
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2022-15 approving the designation of Chief Fiscal Officer of the
Town of Fountain Hills for FY22.
Staff Summary (background)
The Arizona Auditor General requires designation of a Chief Fiscal Officer (CFO) by the
Governing Board of a political subdivision. The CFO is authorized to certify the Annual
Expenditure Limitation Report (AELR) required by Arizona statute and filed with the Auditor
General. The Auditor General’s designation form requires a copy of the Governing Board’s
Resolution to be included with the filing.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
If not submitted to the Auditor General with the supporting Resolution by July 31, 2022, then the Town
will not be in compliance with State statute.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2022-15.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-15.
Attachments
Resolution 2022-15
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 03/16/2022 02:40 PM
Town Attorney Aaron D. Arnson 03/24/2022 08:25 AM
Town Manager Grady E. Miller 03/25/2022 09:35 AM
Form Started By: David Pock Started On: 03/15/2022 01:21 PM
Final Approval Date: 03/25/2022
RESOLUTION NO. 2022-15
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, DESIGNATING THE CHIEF
FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL
YEAR 2021-22 EXPENDITURE LIMITATION REPORT TO THE
ARIZONA AUDITOR GENERAL
RECITALS:
WHEREAS, A.R.S. §41-1279.07(E) requires each county, city, town, and community college
district to annually provide to the Auditor General by July 31 the name of the Chief Fiscal Officer
the governing body designated to officially submit the current year’s annual expenditure limitation
report (“AELR”) on the governing body’s behalf; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desires to
designate the Town’s Finance Director, David Pock, as the Town’s Chief Fiscal Officer.
WHEREAS, Entities must submit an updated form and documentation for any changes in the
individuals designated to file the AELR.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN
HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. David Pock, Finance Director, is hereby designated as the Town’s Chief Fiscal
Officer for purposes of submitting the fiscal year 2021-22 AELR to the Arizona Auditor General’s
Office on the governing body’s behalf.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 5th day of April, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 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): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-01, amending Chapters 1, 5, 10, and 11 of
the Zoning Ordinance to provide the definition of family and community residences, the regulations for
community residences, and provide the zoning districts where community residences are permitted.
Staff Summary (background)
Background
Over the last several months, staff, the Planning and Zoning Commission (P & Z), and public have
discussed issues related to provision of detoxification services and the regulations for provision of group
homes for the handicapped. The goal of this discussion has been to develop new regulations, or
modifications to existing regulations, for these uses as allowed and required by law while protecting our
citizens and neighborhoods from potential negative impacts from these land uses. This report focuses
on the issues for group homes and recommends changes to the zoning ordinance to better regulate this
land use. A future report and ordinance will be submitted to address the topic of detoxification
facilities and treatment centers.
Discussion
This report focuses on possible amendments to town ordinances to better address group homes to
ensure they are provided in a manner that is compatible with their residential setting. The purpose of
neighborhoods and residential zoning is to provide a safe and stable area for people to live away from
the noise and activity of other areas of the community. Residentially zoned areas are primarily (but not
exclusively) places for housing. Each house, or dwelling unit, is to house one family. A family is an
individual, two or more people related through blood or marriage, or some number of unrelated
individuals as established through the ordinance. There is no limit to the size of a biological family in a
home. Usually the code sets a maximum number of unrelated individuals who can occupy a one
dwelling, that number is usually between 4 - 6.
Neighborhoods and dwellings include people who have handicaps or disabilities. Sometimes these
individuals live along or as part of a traditional family. Other times they benefit from living with other
people with similar disabilities in order to support each other and, in some cases, have support people
who assist them with the needs of daily living. In order for this to work efficiently and provide the
support and services they need, it is not uncommon for the number of disabled persons sharing a home
to exceed the maximum number of unrelated individuals typically allowed within one home. In order to
allow for this, the Fair Housing Act and the Americans with Disabilities Act requires that local
communities make reasonable accommodations in their ordinances to allow the opportunity for "group
homes" or "community residences" that will have more people in a home than would otherwise be
allowed. In trade for allowing this exception to the ordinance, the local jurisdiction can establish some
basic parameters under which such home can operate to protect the residents, maintain compatibility
with the surrounding neighborhood, and prevent an over concentration of group homes.
The Town of Fountain Hills zoning ordinance has included provisions for the allowance of Group Homes
for the Handicapped and Elderly Care since 1993. In return for allowing up to 10 unrelated individuals
to live in a single residence as a single housekeeping unit, the code requires that the home have a
license from the state, that they be separated by at least 1,200', and that an inspection be performed to
ensure compliance with life safety ordinances. Over the last few years the Town has experienced a new
type of group home, called sober living homes, that provide housing for individuals who are recovering
from drug or alcohol addiction. While similar to other types of group homes, these homes may have
some different land use impacts due to shorter tenancy and the activities of the home.
With the change in the types of group homes that can occur, it has become time to revisit our local
ordinance and make adjustments. Given the combination of federal laws, and associated court rulings,
and state zoning and licensing requirements, the options open for regulation and control by the Town
are somewhat limited. There are, however, options available that the Town can use to improve our
current level of regulations that will allow for the needed uses, allow them to be part of the community,
and provide protection from potential negative impacts. Through the work of the P & Z, an ordinance
making changes has been prepared and recommended. Some provisions in the ordinance
recommended by the P & Z were presented and adopted at the meeting without the opportunity for
staff review and comment and without specific language for how the concept would be structured in
the ordinance. Staff has updated the ordinance to include the recommendations made by the P & Z as
we understand the motion which was made. This report reviews the recommended ordinance for
Council consideration and provides a few comments for possible modification of P & Z's recommended
ordinance (Ordinance #22-01).
The ordinance recommendation includes changes in Section 1.12, Definitions; Section 5.13, (currently
reserved); Section 10.02, Uses Permited in Single-family Districts; and Section 11.02, Uses Permitted in
Multi-family Districts. The changes proposed in each of these sections is reviewed below.
CHANGES TO SECTION 1.12, DEFINITIONS
Good definitions of key terms is important to establishing a functional and enforceable ordinance. In
the case of our zoning ordinance, staff identified two changes that were needed to definitions.
Definition of Group Homes: The existing definition is dated and does not provide the clear description
that the purpose of the dwelling is to provide a residence versus treatment. It is recommended that the
existing definition be deleted entirely and the following definition be added. This definition emphasizes
that the residents need to emulate a family by working together in the home and that any treatment is
minimal and similar to what would occur in any family home. Further, based on language used in
legislation and what is becoming more common in the industry, it is proposed the name be changed to
Community Residence. The ordinance as recommended for approval by the Planning and Zoning
Commission states
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING ARRANGEMENT
WITH BEDS FOR FIVE (5) TO EIGHT (8) INDIVIDUALS WITH DISABILITIES, INCLUDING RESIDENT
STAFF, LIVING AS A FAMILY IN A SINGLE DWELLING UNIT WHO ARE IN NEED OF THE MUTUAL
SUPPORT FURNISHED BY OTHER RESIDENTS OF THE COMMUNITY RESIDENCE AS WELL AS THE
SUPPORT SERVICES, IF ANY, PROVIDED BY THE STAFF OF THE COMMUNITY RESIDENCE.
RESIDENTS MAY BE SELF-GOVERNING OR SUPERVISED BY A SPONSORING ENTITY OR ITS STAFF,
WHICH PROVIDES HABILITATIVE OR REHABILITATIVE SERVICES RELATED TO THE RESIDENTS'
DISABILITIES. A COMMUNITY RESIDENCE SEEKS TO EMULATE A BIOLOGICAL FAMILY TO FOSTER
NORMALIZATION OF ITS RESIDENTS AND INTEGRATE THEM INTO THE SURROUNDING
COMMUNITY. ITS PRIMARY PURPOSE IS TO PROVIDE SHELTER IN A FAMILY-LIKE
ENVIRONMENT. MEDICAL TREATMENT IS INCIDENTAL AS IN ANY HOME. SUPPORTIVE
INTER-RELATIONSHIPS BETWEEN RESIDENTS ARE AN ESSENTIAL COMPONENT. COMMUNITY
RESIDENCE INCLUDES SOBER LIVING HOMES AND ASSISTED LIVING HOMES BUT DOES NOT
INCLUDE ANY OTHER GROUP LIVING ARRANGEMENT FOR UNRELATED INDIVIDUALS WHO ARE
NOT DISABLED NOR ANY SHELTER, ROOMING HOUSE, BOARDING HOUSE OR TRANSIENT
OCCUPANCY.
(Note: Our existing ordinance allows up to a maximum 10 individuals excluding staff. Most homes
in Town have been approved at this level. In our research we found this to be consistent with the
majority of other cities and towns; Prescott allows 12. For family community residences,
staff recommended maintaining the 10 plus.)
As noted above, in more recent years there has been a growth in types of group homes where
the tenancy of the residents is shorter than one year, often only a matter of a few months.
Through the review process and discussion, staff and P & Z also identified types of residential
treatment facilities that could be confused with a community residence. To address these
issues, two sub-types of community residences have been identified and defined. The
ordinance as submitted to and recommended for approval by the Planning and Zoning
Commission states:
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE THAT IS A RELATIVELY
PERMANENT LIVING ARRANGEMENT WITH NO LIMIT ON THE LENGTH OF TENANCY AS
DETERMINED IN PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENTS
OF THE COMMUNITY RESIDENCE. THE MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR OR
LONGER.
TRANSITIONAL COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO SIX (6)
BEDS, INCLUDING RESIDENT STAFF, THAT PROVIDES A RELATIVELY TEMPORARY LIVING
ARRANGEMENT WITH A LIMIT ON LENGTH OF TENANCY MORE THAN THIRTY (30) DAYS AND
LESS THAN A YEAR, AS DETERMINED EITHER IN PRACTICE OR BY THE RULES, CHARTER, OR
OTHER GOVERNING DOCUMENT OF THE COMMUNITY RESIDENCE .
In the ordinance as recommended by staff, all community residences were allowed up to 10
residents, except transitional residences in single-family zoning districts. The distinction for the
fewer residents in the transitional homes in single-family areas was made in Section 5.13 A 2
(discussed below). With the Commission's change to make all family residences up to 8 with
staff and all transitional residences up to 6 with staff, it would be appropriate to take the
number of residents stated out of the general description and provide them only in the specific
definitions. Those changes would read as follows:
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING ARRANGEMENT
WITH BEDS FOR FIVE (5) TO EIGHT (8) INDIVIDUALS WITH DISABILITIES, INCLUDING RESIDENT
STAFF, WHERE INDIVIDUALSLIVE AS A FAMILY IN A SINGLE DWELLING UNIT...
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO EIGHT (8) BEDS,
INCLUDING RESIDENT STAFF, THAT IS A RELATIVELY PERMANENT LIVING ARRANGEMENT WITH
NO LIMIT ON THE LENGTH OF TENANCY AS DETERMINED IN PRACTICE OR BY THE RULES,
CHARTER, OR OTHER GOVERNING DOCUMENTS OF THE COMMUNITY RESIDENCE. THE
MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR OR LONGER.
Definition of Family: Our current ordinance definition of family is: "An individual, or two (2) or
more persons related by blood or marriage, or a group of persons not related by blood or
marriage, living together as a single housekeeping group in a dwelling unit." Unfortunately, this
definition does not include a maximum number of unrelated individuals who can live in one
dwelling unit. To set the parameters on regulation of group homes it is necessary that we
change this definition to include this maximum number. The average number of persons per
household in Fountain Hills is 2.07, compared to 2.16 in Scottsdale, 2.74 in Mesa, 3.13 in
Gilbert, and 2.68 for the State. Most communities have been successful in limiting the number
of unrelated individuals to a maximum of 4 - 6 residents. Given the Town's low persons per
household number it is reasonable to set the maximum number of unrelated individual in a
home in Fountain Hills at 4.
As discussed above, when establishing the definition of for group homes (referred to above as
"community residences"), it is important to emphasize that the home is to emulate a biological
family. P & Z determined it would also be helpful to include in the definition of family a couple
of key elements that help further define a family. The additional elements added by P & Z are
contained in the second sentence of the definition. The ordinance as recommended for
approval by the Planning and Zoning Commission states:
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of NOT
MORE THAN FOUR (4) persons not related by blood or marriage, living together as a single
housekeeping group in a dwelling unit. IN SPIRIT BUT NOT IN DIRECT APPLICATION, FAMILIES
MAINTAIN LEGAL DOMICILE AT THE PARTICULAR DWELLING UNIT AND LEGAL OWNERSHIP OR
TENANCY OF THE DWELLING UNIT AS EVIDENCED ON A DEED OR LEASE.
Staff is unsure how the additional language defining a family will actually be used. After review
many zoning definitions of family, staff has not seen this type of language in any other code.
Many of our winter visitors likely maintain a "legal" domicile in the place they come from rather
than here in Fountain Hills, would they then not meet the definition of a family? If more than
four unrelated individuals live in a home as their legal domicile and sharing the dwelling through
deed or lease now considered a family? Staff suggests removing the added language.
CHANGES TO SECTION 5.13, ADDING REGULATIONS FOR COMMUNITY RESIDENCES
Section 5.13 of the zoning ordinance will be used to list the requirements for community residences.
Subsections of this section cover the topics of: A. Standards, B. Application Requirements, C.
Registration, D. Waiver of Reasonable Accommodation, and Enforcement/Penalty. Discussion and
proposed ordinance language for each section is provided below.
A. Standards: This section of the ordinance provides several very basic standards or requirements for
requesting registration of a property as a community residence. It should be remembered that other
agencies, usually the State license a home, the Town receives a registration to allow us to verify
consistency with zoning requirements.
1. Separation. In order to maintain the goal of providing a community setting that helps in the
habilitation and rehabilitation of residents in a community residence, it is important that they not
be clustered together but are spaced out within the rest of the community. This also prevents an
over concentration in a neighborhood which would reduce the opportunity for the residences of
the home to interact with others who do not have disabilities. What constitutes an over
concentration, however, can be challenging and local rules can be reviewed by the DOJ for
compliance with the FHA and ADA. Most ordinances do, however, rely on minimum separation
between homes. Review of other ordinances shows a range from 800' (Prescott, measured by
actual walking distance) to 1,320' (Paradise Valley, measured by straight line distance) in use by
other communities.
The separation requirement currently in the Fountain Hills ordinance is 1,200' measured as a
straight line distance. In Fountain Hills, 100 block designations change about every 600' - 700'.
Looking at the physical length of a block, the average in Town is 560'. Given the Town's
development pattern with typical length of a block, the existing separation requirement will
generally limit the number of group homes to one for every two block lengths, which should
preclude creating an over concentration while not being overly restrictive. Given the unique
topography and layout of streets and blocks in Fountain Hills, the ordinance recommended for
approval by the Planning and Zoning Commission states:
1. TO PREVENT THE CLUSTERING OF COMMUNITY RESIDENCES AND TO BETTER
INTEGRATE COMMUNITY RESIDENCE RESIDENTS INTO THE SURROUNDING
NEIGHBORHOOD AND COMMUNITY, SUCH HOME MUST BE LOCATED ON A LOT THAT IS
AT LEAST TWO THOUSAND SIX HUNDRED FORTY (2,640) FEET FROM THE EXTERIOR LOT
LINES OF ANOTHER COMMUNITY RESIDENCE, AS MEASURED BY A STRAIGHT LINE FROM
THE PROPERTY LINE IN ANY DIRECTION.
Staff has some concern that the 2,460' separation recommendation from P & Z may be too
limiting. Council may want to consider going back to the current standard of 1,200'.
2. Persons per Bedroom/Minimum Size. To help ensure that the home will provide sufficient room for
the residents and the operator will not overburden the home or neighborhood, it is appropriate to set a
standard on the number of individuals in a bedroom and the minimum size space that should be
available for each individual. (A requirement for the application will be a floor plans showing the
location of bedrooms and the inspection during the registration process can ensure the number and
size.) The ordinance as recommended for approval by the Planning and Zoning Commission states:
2. NO MORE THANT TWO PERSONS PER BEDROOM UP TO THE MAXIMUM ALLOWED FOR THE
TYPE OF HOME.
This standard was included in the ordinance by staff in order to try and address some concerns
This standard was included in the ordinance by staff in order to try and address some concerns
being expressed by P & Z and the public, but there may be some challenges in use of this
language. It would probably be better to use the standard in the Department of Health Services
requirements for bedrooms of at least 60 square feet for a single occupant bedroom or 50
square feet per person if two or more share a bedroom. Staff suggests the Council consider
amending this provision to:
2. EACH BEDROOM FOR SINGLE OCCUPANCY MUST CONTAIN AT LEAST 60 SQUARE FEET AND
FOR OCCUPANCY OF TWO MORE THERE MUST BE AT LEAST 50 SQUARE FEET PER OCCUPANT.
3. Business License. The Town has been requiring operators of group homes to receive a
business license. When a business has had more than one home, we have been requiring a
license for each home. There are some group homes that are actually owned and managed by
the residents and there is no requirement for a business license. The ordinance
as recommended for approval by the Planning and Zoning Commission states:
3. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
Upon further review by staff, and given some of the other changes which have been
recommended to the ordinance, staff is recommending this language be moved down into Section
B., Applications Requirements, and also be included with the language regarding the time limits to
provide this documentation.
4. Sex Offender. There has been specific concern that individuals who are registered sex
offenders may slip under the radar and be housed in one of the homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
4. AN INDIVIDUAL REQUIRED TO REGISTER UNDER ARIZONA LAW AS A SEX OFFENDER
AND CLASSIFIED AS A LEVEL II OR LEVEL III COMMUNITY RISK (INTERMEDIATE OR HIGH
RISK) IS NOT PERMITTED TO LIVE IN A COMMUNITY RESIDENCE.
B. Application Requirements: This section of the ordinance provides the list of information that
must be submitted for staff review in order to be considered for registration as a community
residence.
1. License/Certification. As stated above, group homes are being allowed as an exception to the
standard ordinance requirements in order to ensure we are providing adequate housing options
for persons with disabilities. To ensure the home that is being established will meet some
minimum standards for operation and care of the individuals who will reside there, it is beneficial
to have some licensing or certifying organization provide recognition to the home as meeting
their standards. For most homes, the certification will come as a license from the Arizona
Department of Health Services (AZDHS) as an Assisted Living Home or as a Sober Living Home.
Not all homes will need AZDHS licensure; therefore, two other options that are widely used have
been included in the ordinance. If someone desires to operate a community residence but cannot
receive a license or certification from one of these groups, it will not be allowed.
The ordinance as recommended for approval by the Planning and Zoning Commission states:
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE FOLLOWING
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE FOLLOWING
GROUPS:
a. LICENSE OR IS CERTIFIED BY THE STATE OF ARIZONA DEPARTMENT OF HEALTH;
OR
b. LICENSE OR IS CERTIFIED BY THE ARIZONA RECOVERY HOUSING ASSOCIATION;
OR,
c. "PERMANENT" OXFORD HOUSE CHARTER.
2. Lease Agreement. Many times the operator of a group home establishes the home in a rental
property. As part of the application submittals we want to know that the property owner has
agreed to this use of their property. Therefore, this section requires acknowledgement of the use
by the property owner.
The P & Z discussions over the last couple of months, it was noted that it would be beneficial for
the Town to be able to inspect the property for compliance with the codes more than just at the
beginning when the registration is being processed. The Commission recommendation on
Ordinance 22-01 included adding a provision that requires the property owner to agree to
unannounced inspections by Town staff. This recommendation has been added to this application
requirement. The ordinance recommended for approval by the Planning and Zoning Commission
states:
2. IF THE PROPERTY IS BEING RENTED OR LEASED, AN ACKNOWLEDGEMENT FROM THE
PROPERTY OWNER AGREEING TO THE USE OF THE PROPERTY AS A COMMUNITY
RESIDENCE. PROPERTY OWNER SHALL ALSO AGREE TO ALLOW TOWN OFFICIALS TO
ENTER THE PREMISES FOR UNANNOUNCED INSPECTIONS TO INSPECT FOR LAND USE
VIOLATIONS INCLUDING THE NUMBER OF OCCUPANTS.
Staff has some concern with requiring the property owner to agree upfront to any unannounced
inspections. It may be more appropriate for this to be done through a separate request rather
than an ordinance requirement. Staff suggests the Council consider removing the requirement.
3. Description of Services. Because we need to know if the proposed residence is a family or
transitional residence, confirm they will be operating as a residence and not a treatment center,
and understand the type of residents to apply the correct provisions of the building code, the
ordinance requires they provide a description of the services being provided in the home. The
ordinance as recommended for approval by the Planning and Zoning Commission states:
3. A DESCRIPTION OF THE SCOPE OF SERVICES TO BE PROVIDED IN THE HOME AND
WHETHER OR NOT THE RESIDENTS WILL BE AMBULATORY.
4. May not house individuals who would be a threat. Because the residents in a home will not be
signing a typical lease there can be less oversight and understanding regarding the people who
are in these homes. The federal guidelines allow communities to restrict occupancy by individuals
who could pose a threat to the neighborhood. This section covers this issue. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
4. A STATEMENT THE HOME SHALL NOT HOUSE ANY PERSON WHOSE TENANCY WOULD
CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER INDIVIDUALS OR
WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
5. Insurance . P & Z determined it would be beneficial to require a copy of the liability insurance
the operator has for the residence, that the amounts of the insurance, at a minimum should be $2
million per occurrence and $4 million in aggregate, and that there should be a waiver of
subrogation for the Town. The goal is to keep the Town out of any claims that could be made
from a resident or a resident's family. The ordinance as recommended for approval by the
Planning and Zoning Commission states:
5. A CERTIFICATE OF INSURANCE COMMERCIAL LIABILITY FOR OPERATION OF THE HOME
AT THE GIVEN LOCATION. INSURANCE POLICY SHALL BE A MINIMUM OF $2 MILLION PER
OCCURRENCE AND $4 MILLION IN AGGREGATE WITH A WAIVER OF SUBROGATION
FOR THE TOWN.
Staff is unsure how enforceable this provision will be, especially the requirement that there be a
waiver of subrogation. Staff suggests the Council consider removing all or part of this
requirement.
6. Contact Information/Policies and Procedures: While the goal and intent of these communities
residences is to integrate into the surrounding neighborhood and use that integration to help
with the habilitation and rehabilitation of the residents in the home, there is the possibility given
the larger number of unrelated individuals living in the home there can be conflicts with the
surrounding neighbors. To help address this, the application requirements include having the
applicant/operator provide the same information they would submit to the State or other
certifying agency regarding a contact person for complaints; copies of policies or procedures for
how they will address topics such as parking, noise, smoking, cleanliness of the outside of the
home, and loitering in front of the home; and, efforts that will be taken to promote safety in the
neighborhood. This language and requirement is taken from the State application requirement
for Sober Living Homes. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
6. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY CERTIFICATION APPLICATION
REQUIREMENTS THAT PROVIDE:
a. NAMES AND CONTACT INFORMATION FOR CONTACT INDIVIDUAL(S) FOR THE
HOME WHO CAN RESPOND TO COMPLAINTS OR EMERGENCIES
b. INFORMATION REGARDING POLICIES AND PROCEDURES FOR RESIDENTS AND
VISITORS RELATED TO PARKING, NOISE EMANATING FROM THE HOME, SMOKING,
CLEANLINESS OF THE PUBLIC SPACE NEAR THE HOME, AND LOITERING IN FRONT OF
THE HOME OR NEAR-BY HOMES ARE ESTABLISHED, KNOWN TO RESIDENTS, AND
ENFORCED.
c. INFORMATION REGARDING EFFORTS TO PROMOTE THE SAFETY OF THE
SURROUNDING NEIGHBORHOOD.
7. Floor Plan. In order to evaluate the occupancy limits of a given home, and how it will function
as a community residence in keeping with the ordinance requirements, it is helpful to have a floor
plan of the home with the primary rooms labeled. This application requirement is for that floor
plan. The ordinance as recommended for approval by the Planning and Zoning Commission
states:
7. A FLOOR PLAN OF THE HOME SHOWING ALL BEDROOMS, LIVING, AND DINING AREAS.
8. Provide Evidence for Enforcement. In order to ensure the applicant will cooperate with any
future investigations of the property for compliance with the ordinance. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
8. THE APPLICANT SHALL ATTEST THAT THEY WILL PROVIDE ALL EVIDENCE PERMISSIBLE
BY CODE AND AUTHORITY HAVING JURISDICTION NECESSARY IN RESPONSE TO A CODE
ENFORCEMENT INQUIRY, IN PARTICULAR, OCCUPANCY LOGS.
9. County Tax Classification. The Planning and Zoning Commission wanted to ensure the
community residence was taking the proper steps with the County to be registered for the
property tax classification. This application requirement is for them to provide that
documentation to the staff. The Commission recognized the applicant may not have this
information at the time of submitting their registration application - they likely need the Town's
registration approval and their State license in order to receive the correct tax classification - so
they are allowed to submit the application and can receive conditional approval subject to late
submittal of this information. They cannot, however, occupy the property until it is received. The
ordinance as recommended for approval by the Planning and Zoning Commission states:
9. EVIDENCE OF THE PROPERTY'S APPROPRIATE MARICOPA COUNTY TAX CLASSIFICATION
FOR THE USE APPLIED PRIOR TO COMPLETION OF REGISTRATION AND OCCUPANCY OF
THE PROPERTY.
Although recommended by the Planning and Zoning Commission, staff does not believe this
provision to be necessarily relevant.
10. Lease Packet. P & Z included a provision that the applicant also submit a copy of the lease
packet as required by ARS 9 A.A.C.12 Section 202. This addition was brought up at the public
hearing prior to P & Z's action. The ordinance as recommended for approval by the Planning and
Zoning Commission states:
10. A COPY OF THE LEASE PACKET PRESCRIBED BY ARS 9 A.A.C. 12 SECTION 202
SPECIFYING THE OPERATOR OF THE HOME WILL UTILIZE A LEASE PACKET THAT IS IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE CODE.
Following P & Z's action staff has had the opportunity to review this section of the Administrative
Code, a copy is attached. There is not a lease packet prescribed in this section of the
Administrative Code. This section does provide the requirements for a residency agreement
between the manager of a sober living home and an individual requesting to become a resident.
Several of the items required in Section 202 are specific to sober living homes and would not be
applicable to other types of community residences. From the discussion, staff believes the desire
and intent of this provision is to provide an additional means to tie the individual resident to the
property as their place of residence. What P & Z was seeking is the form that will be used when a
resident applies to live at the home. Staff suggests the Council consider amending this application
requirement to:
10. A COPY OF THE STANDARD RESIDENCY AGREEMENT FOR INDIVIDUALS TO OCCUPY
THE COMMUNITY RESIDENCE.
THE COMMUNITY RESIDENCE.
11. Outpatient Treatment/Medication Distribution. There is a concern that some of the existing
residences are not just serving as residencies but are being used as treatment facilities. The new
definition of Community Residence helps clarify that these homes are not treatment centers and
that only routine types of medical services that could be found in any home can be provided. The
proposed language below includes that medication distribution will not take place. Given the
variety of types of homes that occur, especially assisted living facilities for seniors, it is likely that
some level of medication distribution does take place in these homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
11. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE OR
MEDICATION DISTRIBUTION WILL BE SOLICITED OR OCCUR ON-PREMISES .
To avoid issues with legitimate distribution of standard medications that can occur in these
homes, staff suggests the Council consider amending the language to:
11. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE WILL BE
SOLICITED OR OCCUR ON-PREMISES AND THAT MEDICATION DISTRIBUTION WILL NOT
EXCEED WHAT WOULD NORMALLY BE EXPECTED IN A FAMILY HOME.
C. Registration. This section of the ordinance provides the procedures and requirements for the
community residence to be registered with the Town. As a reminder, most homes are licensed through
another agency, typically the state. They apply to the Town for registration primarily to ensure they
meet our ordinance requirements, especially the number of occupants and separation requirements.
Through the registration process staff reviews the location and, when it is approved, places the home on
the map for future use in determine where other homes can be located. During the public review
process, citizens have wanted to make sure there is a sufficient review process to make sure all the code
requirements are met. They also wanted an annual renewal process to provide a means to ensure
standards are met on an ongoing basis.
1. Registration . The first section simply states the basic requirement that a home must be
registered and that the registration, once approved, is only valid for one year. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN IS REQUIRED PRIOR TO
BEGINNING OPERATION. AN APPROVED REGISTRATION IS VALID FOR ONE YEAR FROM
DATE ADMINISTRATIVELY ISSUED.
2. Inspection. Following receipt of an application and verification that the basic standards will be
met (separation from another home and number of occupants) and receipt of the information on
the type of home and whether or not residence will be capable of self-evacuation, staff will
schedule an inspection of the property by the Fire Marshal and Building Official to determine if
the residence meets all life safety codes. If there are deficiencies they will be noted and the
applicant informed of what will need to be done to meet code requirements. If there are
modifications that need to be made those must be addressed prior to completing the registration
process. This is the same as the current process for new homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR REGISTRATION, THE
PROPERTY WILL BE INSPECTED BY THE BUILDING OFFICIAL AND FIRE MARSHAL FOR
COMPLIANCE WITH ALL LIFE SAFETY REQUIREMENTS. ANY IDENTIFIED DEFICIENCIES
MUST BE ADDRESSED AND COMPLIANCE VERIFIED THROUGH A FOLLOW-UP INSPECTION
BEFORE THE REGISTRATION WILL BE COMPLETED.
3. Review of Documents. All documents will be reviewed for completeness and accuracy. If any
items are missing they will be requested and must be submitted in order to complete the review
and approval process. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
3. ALL REQUIRED DOCUMENTS LISTED IN B. WILL REVIEWED. ANY REQUIRED
CORRECTIONS OR CLARIFICATIONS MUST BE SUBMITTED TO COMPLETE THE
REGISTRATION PROCESS.
4. Registration Approval. The approval of a registration is done administratively. The
Development Services Department Director signs off on the application when all conditions and
requirements have been met. The ordinance as recommended for approval by the Planning and
Zoning Commission states:
4. WHEN ALL REGISTRATION REQUIREMENTS HAVE BEEN MET, THE DEVELOPMENT
SERVICES DIRECTOR WILL ADMINISTRATIVELY COMPLETE THE TOWN'S REGISTRATION
PROCESS.
5. Conditional Registration. There are application requirements and conditions of approval for a
community residence that might not be met at the time of application. For example, the State
requires proof of compliance with local zoning before issuing a license. We do not complete the
registration process without a State license. Similarly, the applicant may not be able to get the
insurance or complete the county tax reclassification until after the local registration is complete.
This section allows for conditional approval of the registration for up to 90 days while an
applicant completes these processes and files the approved documents with the Town. They will
not be able to occupy the property as a community residence until they receive the final, full
approval. The ordinance as recommended for approval by the Planning and Zoning Commission
states:
5. IF ALL OTHER REQUIREMENTS OF THIS ORDINANCE ARE MET, THE DEVELOPMENT
SERVICES DIRECTOR MAY ISSUE A CONDITIONAL REGISTRATION FOR UP TO 90 DAYS
WHILE THE APPLICANT APPLIES FOR AND RECEIVES:
a. THE LICENSE OR CERTIFICATE AS REQUIRED BY B. 1.;
b. THE INSURANCE POLICY REQUIRED BY B.5.; AND,
c. THE MARICOPA TAX VERIFICATION REQUIRED BY B.9.
THE APPLICANT MAY NOT OCCUPY THE RESIDENCE UNTIL THESE ITEMS ARE RECEIVED BY
THE TOWN. IF ONE OR MORE OF THESE ITEMS ARE NOT RECEIVED BY THE TOWN WITHIN
90 DAYS, OR IS NOT APPROVED, THE REGISTRATION OF THE PROPERTY WILL BE
RESCINDED. SHOULD THE LICENSE OR CERTIFICATE BECOME REVOKED FOR ANY REASON,
THE COMMUNITY RESIDENCE OPERATOR WILL HAVE 45 DAYS TO VACATE THE PROPERTY.
With further staff review we have noted that the list above does not include providing the
With further staff review we have noted that the list above does not include providing the
business license if it was required. Staff suggests the Council add this to the list above as item "d."
6. Reregistration. The town does not currently have a requirement for the renewal or
re-registration of approved homes. This has led to some challenges and confusion over time as
some homes have closed without staff's knowledge. Further, the community has been concerned
that without a renewal requirement, the home could evolve into something different that what
was approved. In order to address this issue, an annual re-registration requirement has been
added to the ordinance. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
6. REREGISTRATION. THE COMMUNITY RESIDENCE OPERATOR MUST REGISTER
ANNUALLY BY SUBMITTING A NEW APPLICATION WITH ANY UPDATED DOCUMENTS. THE
REGISTRATION CAN BE RENEWED IF THE FOLLOWING ARE MET:
a.THE HOME HAS MAINTAINED A CURRENT LICENSE OR CERTIFICATE.
b. THE HOME OR OPERATOR HAS MAINTAINED A CURRENT TOWN BUSINESS
LICENSES, IF APPLICABLE.
c. RE-INSPECTION OF THE PROPERTY HAS VERIFIED ONGOING COMPLIANCE WITH
LIFE SAFETY STANDARDS.
d. THE PROVIDER HAS COMPLIED WITH THE POLICES AND PROCEDURES
ESTABLISHED IN B. 6.
Given the additional requirements added by the Planning and Zoning Commission regarding
insurance and the County tax classification, the list above could be expanded to include providing
evidence that those requirements continue to be met. Staff suggests the Council consider adding
the following language:
e. A COPY OF THE CURRENT INSURANCE POLICY REQUIRED IN B. 5.
f. VERIFICATION OF THE CURRENT, APPROPRIATE MARICOPA COUNTY TAX STATUS.
D. Waiver for Reasonable Accommodation. A zoning ordinance is written to provide a regulatory
way to allow development to happen consistent with the community's general plan and to
protect the health, safety, and welfare of the citizens. When these rules are established it is
expected they will not fit all situations; that there can be unique hardships and situations where
the rules make it virtually impossible to develop a specific tract of land. To address this, the
zoning ordinance has a provision to allow property owners to request a variance to the rules.
There are specific criteria which are established for approval of a variance. To receive the
variance the Board of Adjustment must find that the applicant has met all the criteria.
When setting up the regulations to allow for community residences, the same thing can
happen. Despite our efforts to establish fair, equitable, and appropriate rules for this exception
to the regulations regarding what constitutes a family under the zoning ordinance, unique
situations can arise. To address those unique situations it is important that the regulations
prescribe the process and requirement for granting a waiver to those rules. Section 5.12 D. of
the draft ordinance presented to the Planning and Zoning Commission provided the process and
rules for considering and granting the waiver.
At the P & Z hearing there were concerns expressed regarding the proposed process and tests
At the P & Z hearing there were concerns expressed regarding the proposed process and tests
that would have to be met to receive the waiver. The main concerns expressed were that one
person (the Development Services Director) would make the determination and that the
applicants would be able to get by with limited documentation and justification for the waiver;
that the waivers could be granted too easily. Because of those issues, the Planning and Zoning
Commission removed the waiver language totally from the ordinance they have recommended
to the Council. Staff suggests that the Council could reconsider and include a revised version of
this section. Below is a copy of the ordinance as submitted to the P & Z with some noted
adjustments to address the concerns expressed at the hearing.
D. Waiver for Reasonable Accommodation. To establish a community residence for more than 10
individuals with disabilities or to reduce the separation requirement to less than 1,200’THAT
DOES NOT COMPLY WITH THE OCCUPANCY OR SEPARATION REQUIREMENTS, the applicant may
apply TO THE DEVELOPMENT SERVICES DEPARTMENT for a Waiver for Reasonable
Accommodation. IN ALL CASES THE DEVELOPMENT SERVICES DIRECTOR SHALL SUBMIT THE
REQUEST TO THE REASONABLE ACCOMMODATION COMMITTEE TO MAKE FINDINGS OF FACT IN
SUPPORT OF A DECISION TO APPROVE OR DENY THE REQUEST AND SHALL RENDER THE
DECISION IN WRITING. THE APPLICATION WILL INITIALLY Such request will be reviewed and
acted upon by the Development Services Director FOR COMPLETENESS. ln all cases the
Development Services Director shall make findings of fact in support of the determinations and
shall render the decision in writing. The Development Services Director may meet with and
interview the applicant to DETERMINE THE NECESSITY OF THE ACCOMMODATION AT THE GIVEN
LOCATION AND TO ascertain or clarify information sufficiently FOR THE COMMITTEE to make the
required findings.
To grant a Waiver for Reasonable Accommodation, the Development Services
Director REASONABLE ACCOMMODATION COMMITTEE shall find affirmatively all of the
following standards:
1.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence can and will emulate a biological family and function as a residential
use rather than an institutional or other nonresidential use.
a.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence needs to house more than 10 the allowed number of residents or
reduce the separation for financial or therapeutic reasons.
b.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence will not interfere with the normalization and community integration
of the residents of any existing community residence and that the presence of other
community residences will not interfere with the normalization and community integration
of the residents of the proposed community residence.
c.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that it will operate the
home in a manner similar to that ordinarily required by state licensing to protect the
health, safety, and welfare of the occupants of the proposed community residence.
d.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence in combination with any existing community residences will not alter
the residential character of the surrounding neighborhood by creating an institutional
atmosphere or by creating a de facto social service district by concentrating community
residences on a block or in a neighborhood.
e.
2. THE REASONABLE ACCOMMODATION COMMITTEE SHALL BE COMPOSED OF THE
2. THE REASONABLE ACCOMMODATION COMMITTEE SHALL BE COMPOSED OF THE
TOWN MANAGER OR DESIGNEE, THE DEVELOPMENT SERVICES DIRECTOR, AND (TBD).
3. A community residence operator may appeal denial of a Waiver for Reasonable
Accommodation by the Development Services Director pursuant to the procedures set
forth in Section 2.07 A, Appeals to the Board of AdjustmentREASONABLE
ACCOMMODATION COMMITTEE TO (TBD).
The revisions put the decision in the hands of three people to review the evidence and make
the findings that the accommodation is needed. This is similar to the process used in Phoenix.
The ordinance lists two staff positions that are part of the Committee, the Town Manager or
designee, and the Development Services Director. Options for the third position include: Board
of Adjustment chair, Planning and Zoning Commission chair, a person as appointed by the
Mayor. The revisions also make it clear that "reasonable" includes demonstrating the
accommodation is necessary, not just a desire and that there will have to be concrete
documentation and evidence of the need. Finally, it is important that there me an appeal
provision, the appeal could be to the Board of Adjustment, Planning and Zoning Commission, or
Town Council.
Enforcement/Penalty. At the Planning and Zoning Commission hearing, the Commission voted to
include an Enforcement section in Section 5.13. This was another last minute addition that did
not have the opportunity for review by staff prior to its including in the ordinance. Unless
otherwise specified, violations of the zoning ordinance are civil infractions and subject to the
provisions in Article 1-8 of the Town Code. The standard language used in the Town Code is
Penalty rather than Enforcement. With only minor formatting changes to fit into the structure
of the zoning ordinance, the ordinance as recommended for approval by the Planning and
Zoning Commission states:
PENALTY
1. IF, UPON INSPECTION, A VIOLATION F THE PROVISIONS OF THIS ORDINANCE ARE
FOUND, THE OWNER OF A PROPERTY THAT IS USED AS A COMMUNITY RESIDENCE WILL
BE GIVEN A 14 CALENDAR GRACE PERIOD TO CORRECT THE VIOLATION. IF THE
VIOLATION HAS NOT BEEN CORRECTED BY THE END OF THE 14-DAY PERIOD, THE TOWN
MAY IMPOSE A FINE OF $100 PER DAY PREDICATED ON THE DATE OF THE VIOLATION FOR
EACH DAY THE VIOLATION CONTINUES PAYABLE TO THE TOWN.
2. SHOULD THE INSURANCE, REGISTRATION, OR LICENSURE LAPSE, THERE WILL BE A
PENALTY OF $100 PER DAY.
3. PROPERTY OWNERS OR COMMUNITY RESIDENCE OPERATORS WHO RECEIVE ANY
COMBINATION OF THREE VIOLATIONS OF EITHER TOWN OR ARIZONA DEPARTMENT OF
HEALTH SERVICES REQUIREMENTS WITHIN A 12-MONTH PERIOD SHALL HAVE THEIR
REGISTRATION REVOKED AND WILL BE REQUIRED TO VACATE THE PROPERTY. THE
ARIZONA DEPARTMENT OF HEALTH SERVICES WILL BE NOTIFIED OF THE TOWN'S ACTIONS.
4. KNOWINGLY PROVIDING FALSE OR MISLEADING INFORMATION ON A REGISTRATION
APPLICATION OF ANNUAL RE-REGISTRATION SHALL RESULT IN IMMEDIATE TERMINATION
OF REGISTRATION AND EVICTION.
5. TOWN WILL PROVIDE NOTIFICATION TO THE ARIZONA DEPARTMENT OF HEALTH
SERVICES OF ANY COMPLAINT AGAINST A REGISTERED ADDRESS AND/OR ANY
UNREGISTERED ADDRESS AS A MATTER OF COURSE.
The ordinance as recommended has all enforcement actions directed to the owner of the
property. While the property owner is always the ultimate person responsible for a violation on
their property, staff most often tries to work with the tenant first and will bring the property
owner into the enforcement action as needed. Limiting staff's ability to work with the tenant
may actually slow down the process of achieving ordinance compliance.
Section 1-8-3 of the Town Code establishes the fines for civil violations of the Zoning
Ordinance. For a first offense, the judge can assign a sanction of $250 to $750. For a second
offense within 12 months it goes up to $500 to $1,500 and for a third offense it is $1000 to
$2,500. With a third offense the choice can also be made to move the violation into the
criminal violations and charge the individual with a misdemeanor. Given this level of fines and
the already approved and established procedures for enforcement under Article 1-8 of the
Town Code, staff would suggest the Council consider amending the ordinance to use the
following provisions:
VIOLATIONS AND PENALTIES
1. IN ADDITION TO APPLICABLE PENALTIES UNDER ARIZONA LAW, VIOLATIONS OF THIS
COMMUNITY RESIDENCE ORDNANCE SHALL BE SUBJECT TO THE PROVISION OF THE
FOUNTAIN HILLS TOWN CODE, SECTION 1-8-3, REGARDING CIVIL PENALTIES.
2. IN ADDITION TO THE PROVISIONS ABOVE, REGISTRATION FOR A COMMUNITY
RESIDENCE MAY BE REVOKED AND THE COMMUNITY RESIDENCE REQUIRED TO VACATE
THE PROPERTY IF;
a. THE REQUIRED INSURANCE, REGISTRATION, LICENSURE OR CERTIFICATE LAPSE
AND ARE NOT REINSTATED WITHIN 45 DAYS OF THEIR LAST EFFECTIVE DATE; OR,
b. THE PROPERTY OWNER OR COMMUNITY RESIDENCE OPERATOR RECEIVES ANY
COMBINATION OF THREE VIOLATIONS RELATED TO THE OPERATION OF THE
COMMUNITY RESIDENCE FROM EITHER THE TOWN OR THE ARIZONA DEPARTMENT
OF HEALTH SERVICES WITHIN A 12-MONTH PERIOD.
c. THE APPLICANT FOR THE COMMUNITY RESIDENCE KNOWINGLY PROVIDES FALSE
OR MISLEADING INFORMATION ON THE REGISTRATION OR ANNUAL RENEWAL.
CHANGES TO SECTIONS 10.02, PERMITTED USES (IN SINGLE-FAMILY ZONES) AND 11.02, PERMITTED
USES (IN MULTIFAMILY ZONES)
The list of uses in both the single-family and multifamily chapters of the zoning ordinance
include the current language listing Group Homes for the Handicapped and Elderly Care as uses
by right with the associated standard. The revised ordinance deletes the current language,
changes the name for the use to Community Residence, and directs people to Section 5.13 for
the standards associated with the use. The ordinance as recommended for approval by the
Planning and Zoning Commission states:
Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY RESIDENCE,
SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot that is within one thousand – two hundred (1,200) feet,
measured by a straight line in any direction of the exterior lot lines of another group home
for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this Ordinance.
In addition to providing recommendations on the ordinance language, the P & Z Chair also read
a list of "Whereas" statements prior to making the motion to approve the ordinance. Those
statements are not part of the ordinance itself but help provide a legislative history and
intention behind the ordinance. After review of the suggested statements, staff has chosen to
use several of them in addition to other statements. The attached ordinance contains the
statements staff believes are important for the adoption of the ordinance.
After preparing the notice for the P & Z hearing, it was noted there are also references to the
current use as Groups Homes in both Chapter 12, Commercial Zoning Districts, and Chapter 18,
Town Center Commercial District. Changes to these chapters was not included in the public
notice; therefore, they are not being changed at this time. When staff prepares the ordinance
amendments to address detoxification facilities and treatment centers those chapters will be
amended. That ordinance will also be used to change the language to Community Residences.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 1.12, Definitions
Zoning Ordinance Section 10.02, Uses permitted in single-family zoning districts
Zoning Ordinance Section 11.02, Uses permitted in multifamily zoning districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission has been reviewing this topic and receiving input from the public
since November 2021. Based on their study and review they have unanimously recommended approval
of the attached ordinance.
In addition to recommending approval of the ordinance, they have also recommended that the Town
work with the League of Arizona Cities and Towns and with the Arizona Department of Health Services
to develop modifications to current state rules and regulations in oder to give local governments more
control over these uses.
Staff Recommendation(s)
The current language in the zoning ordinance addressing group homes is outdated and needs to be
revised. Overall, staff supports the ordinance as recommended by the Planning and Zoning
Commission. There are several points, however, as brought up in the staff report where the Council
may want to consider modifications. These possible changes described in this report are summarized
and listed here for easy reference when making a motion. The Council could move to approve the
ordinance and then choose which, if any, of these listed modifications to make.
ordinance and then choose which, if any, of these listed modifications to make.
Remove the limitation on the number of residents allowed in a community residence from the
primary definition and modify the definition of family community residence to include the
allowed number of occupants.
1.
Increase the allowed occupancy in a Family Community Residence to 102.
Increase the allowed occupancy in a Transitional Community Residence to 83.
Remove the second sentence in the definition of family.4.
Change the minimum separation distance between community residences to 1,200' (or other
spacing requirement agreeable to the Council).
5.
Change the limit of two people per bedroom to a minimum bedroom size based on number of
occupants.
6.
Move the requirement for a business license, if applicable, to the list of application requirements.7.
Remove the requirement that the property owner agree to allow unannounced inspections.8.
Either, a. remove the requirement for submission of liability insurance and modify other sections
as needed to remove this requirement, or b. only remove the portion that requires the waiver of
subrogation.
9.
Modify the requirement for the lease packet based on ARS 9 A.A.C. 12 Section 202 to a copy of
the standard residency agreement.
10.
Modify the prohibition on distribution of medication to allow distribution of medication normally
expected in a family home.
11.
Add business license to the list of items that can be submitted during the conditional registration
time frame.
12.
Add to the list of items that would be submitted for annual re-registration, the current insurance
policy (if this was not removed), and verification of current tax status.
13.
Add back in the Waiver for Reasonable Accommodation, specify the makeup of the review
committee and appeal body
14.
Change to the Violations and Penalties section as suggested by staff.15.
SUGGESTED MOTION
MOVE to adopt Ordinance 22-01 (with the following modifications; list out the changes using the list
from the Staff Recommendation section of the report or other changes as determined by the Town
Council).
Attachments
Ordinance 22-01
9 AAC 12 Section 202 Requirements
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 03/24/2022 08:28 AM
Development Services Director (Originator)03/24/2022 08:29 AM
Town Attorney Aaron D. Arnson 03/24/2022 03:49 PM
Town Manager Grady E. Miller 03/25/2022 11:04 AM
Form Started By: John Wesley Started On: 03/16/2022 03:05 PM
Final Approval Date: 03/25/2022
ORDINANCE NO. 22-01
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,
CHAPTER 1, INTRODUCTION, SECTION 1.12,
DEFINITIONS, AMENDING THE DEFINITIONS OF FAMILY
AND GROUP HOME; AMENDING CHAPTER 5, GENERAL
PROVISIONS, SECTION 5.13, RESERVED, RENAMING
THE SECTION AND PROVIDING REGULATIONS FOR
GROUP HOMES; AMENDING CHAPTER 10, SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICTS, SECTION
10.02 A. 12. GROUP HOMES FOR THE HANDICAPPED
AND ELDERLY CARE; AND, AMENDING CHAPTER 11,
SECTION 11.02 A. 11. GROUP HOMES FOR THE
HANDICAPPED AND ELDERLY CARE
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”)
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend 01 amending Chapter 1, Introduction,
Section 1.12, Definitions, amending the definitions of Family and Group Home; amending
Chapter 5, General Provisions, Section 5.13, Reserved, renaming the section and providing
regulations for group homes; amending Chapter 10, Single-family Residential Zoning
Districts, Section 10.02 A. 12. Group Homes for the Handicapped and Elderly Care; and,
amending Chapter 11, Section 11.02 A. 11. Group Homes for the Handicapped and Elderly
Care; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this ordinance were advertised in the February 23,
2022 and March 2, 2022 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on March 14, 2022, and by the Town Council on April 5, 2022; and
WHEREAS, the Town recognizes its regulations for group homes for the handicapped
(referred to as Community Residences) need revision to protect the welfare and safety of
residents in those homes and to prevent clustering or overconcentration; and
WHEREAS, the FHAA generally prohibits zoning practices that discriminate against
individuals with disabilities by “making unavailability or denying housing to those
persons”; and
WHEREAS, a community residence seeks to achieve “normalization” of their residents
and incorporate them into the social fabric of the surrounding community (kn own as
“community integration”); and
WHEREAS, a community residence seeks to emulate a family in how they function (see
definition of family). The residents with disabilities learn or re-learn the same life skills and
social behaviors of a family; and
WHEREAS, to enforce the rationally based distancing regulations and to ensure accuracy
of its data, the Town will require existing and future Community Residences to annually
register with the Town; and
WHEREAS, in accord with case law, Community Residences that fit within the cap of four
unrelated occupants constitute a family under the Zoning Ordinance and must be treated
the same as any other family; and
WHEREAS, by amending its zoning ordinance the Town gives prospective operators of
Community Residences for people with disabilities clarity and certainty regarding where
such homes may locate; and
WHEREAS, the regulations are the least restrictive means to actually achieving the
Town’s legitimate government interest; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual prop erty
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12,
Definitions, is hereby amended as follows:
…
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL
LIVING ARRANGEMENT WITH BEDS FOR FIVE (5) TO EIGHT (8)
INDIVIDUALS WITH DISABILITIES, INCLUDING RESIDENT STAFF, LIVING
AS A FAMILY IN A SINGLE DWELLING UNIT WHO ARE IN NEED OF THE
MUTUAL SUPPORT FURNISHED BY OTHER RESIDENTS OF THE
COMMUNITY RESIDENCE AS WELL AS THE SUPPORT SERVICES, IF ANY,
PROVIDED BY THE STAFF OF THE COMMUNITY RESIDENCE. RESIDENTS
MAY BE SELF-GOVERNING OR SUPERVISED BY A SPONSORING ENTITY
OR ITS STAFF, WHICH PROVIDES HABILITATIVE OR REHABILITATIVE
SERVICES RELATED TO THE RESIDENTS' DISABILITIES. A COMMUNITY
RESIDENCE SEEKS TO EMULATE A BIOLOGICAL FAMILY TO FOSTER
NORMALIZATION OF ITS RESIDENTS AND INTEGRATE THEM INTO THE
SURROUNDING COMMUNITY. ITS PRIMARY PURPOSE IS TO PROVIDE
SHELTER IN A FAMILY-LIKE ENVIRONMENT. MEDICAL TREATMENT IS
INCIDENTAL AS IN ANY HOME. SUPPORTIVE INTER-RELATIONSHIPS
BETWEEN RESIDENTS ARE AN ESSENTIAL COMPONENT. COMMUNITY
RESIDENCE INCLUDES SOBER LIVING HOMES AND ASSISTED LIVING
HOMES BUT DOES NOT INCLUDE ANY OTHER GROUP LIVING
ARRANGEMENT FOR UNRELATED INDIVIDUALS WHO ARE NOT DISABLED
NOR ANY SHELTER, ROOMING HOUSE, BOARDING HOUSE OR TRANSIENT
OCCUPANCY.
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE THAT IS
A RELATIVELY PERMANENT LIVING ARRANGEMENT WITH NO LIMIT ON
THE LENGTH OF TENANCY AS DETERMINED IN PRACTICE OR BY THE
RULES, CHARTER, OR OTHER GOVERNING DOCUMENTS OF THE
COMMUNITY RESIDENCE. THE MINIMUM LENGTH OF TENANCY IS
TYPICALLY A YEAR OR LONGER.
TRANSITIONAL COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE
WITH FIVE (5) TO SIX (6) BEDS, INCLUDING RESIDENT STAFF, THAT
PROVIDES A RELATIVELY TEMPORARY LIVING ARRANGEMENT WITH
A LIMIT ON LENGTH OF TENANCY MORE THAN THIRTY (30) DAYS AND
LESS THAN A YEAR, AS DETERMINED EITHER IN PRACTICE OR BY THE
RULES, CHARTER, OR OTHER GOVERNING DOCUMENT OF THE
COMMUNITY RESIDENCE.
…
Family: An individual, or two (2) or more persons related by blood or marriage, or
a group of NOT MORE THAN FOUR (4) persons not related by blood or marriage,
living together as a single housekeeping group in a dwelling unit. IN SPIRIT BUT
NOT DIRECT APPLICATION, FAMILIES MAINTAIN LEGAL DOMICILE AT THE
PARTICULAR DWELLING UNIT AND LEGAL OWNERSHIP OR TENANCY OF
THE DWELLING UNIT AS EVIDENCED ON A DEED OR LEASE.
…
Group Home for the Handicapped and Adult Care: A dwelling shared by
handicapped and/or elderly people as their primary residence and their resident
staff, who live together as a single housekeeping unit, sharing responsibilities,
meals, and recreation. The staff provides care for the residents. A Group Home
for the Handicapped and Adult Care does not include nursing homes, alcohol or
other drug treatment centers, community correction facilities, shelter care facilities,
or homes for the developmentally disable as regulated by the Arizona Revised
Statutes Section 36-582.
…
SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.13,
Reserved, is hereby amended as follows:
Section 5.13. ReservedCOMMUNITY RESIDENCES
(Deleted per Ordinance 2004-10 – Storage and Parking of Mobile Homes, Boats,
Aircraft, Truck Campers, Camping Trailers, Travel Trailers and Other Trailers is hereby
deleted in its entirety.) Refer to Chapter 7 – Section 7.02.
A. STANDARDS:
1. TO PREVENT THE CLUSTERING OF COMMUNITY RESIDENCES AND TO
BETTER INTEGRATE COMMUNITY RESIDENCE RESIDENTS INTO THE
SURROUNDING NEIGHBOR AND COMMUNITY, SUCH HOME MUST BE
LOCATED ON A LOT THAT IS AT LEAST TWO THOUSAND SIX HUNDRED
FORTY (2,640) FEET FROM THE EXTERIOR LOT LINES OF ANOTHER
COMMUNITY RESIDENCE, MEASURED BY A STRAIGHT LINE FROM THE
PROPERTY LINE IN ANY DIRECTION.
2. NO MORE THAN TWO PERSONS PER BEDROOM.
3. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
4. AN INDIVIDUAL REQUIRED TO REGISTER UNDER ARIZONA LAW AS A
SEX OFFENDER AND CLASSIFIED AS A LEVEL II OR LEVEL III
COMMUNITY RISK (INTERMEDIATE TO HIGH RISK) IS NOT PERMITTED
TO LIVE IN A COMMUNITY RESIDENCE.
B. APPLICATION REQUIREMENTS:
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE
FOLLOWING GROUPS:
A. LICENSE OR IS CERTIFIED BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH; OR
B. LICENSE OR IS CERTIFIED BY THE ARIZONA RECOVERY HOUSING
ASSOCIATION; OR,
C. “PERMANENT” OXFORD HOUSE CHARTER.
2. IF THE PROPERTY IS BEING RENTED OR LEASED, AN
ACKNOWLEDGEMENT FROM THE PROPERTY OWNER AGREEING TO
THE USE OF THE PROPERTY AS A COMMUNITY RESIDENCE.
PROPERTY OWNER SHALL ALSO AGREE TO ALLOW TOWN OFFICIALS
TO ENTER THE PREMISES FOR UNANNOUNCED INSPECTIONS TO
INSPECT FOR LAND USE VIOLATIONS INCLUDING THE NUMBER OF
OCCUPANTS.
3. A DESCRIPTION OF THE SCOPE OF SERVICES TO BE PROVIDED IN THE
HOME AND WHETHER OR NOT THE RESIDENTS WILL BE
AMBULATORY.
4. A STATEMENT THE HOME SHALL NOT HOUSE ANY PERSON WHOSE
TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR
SAFETY OF OTHER INDIVIDUALS OR WOULD RESULT IN SUBSTANTIAL
PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
5. A CERTIFICATE OF INSURANCE COMMERCIAL LIABILITY FOR
OPERATION OF THE HOME AT THE GIVEN LOCATION. INSURANCE
POLICY SHALL BE A MINIMUM OF $2 MILLION PER OCCURENCE AND
$4 MILLION IN AGGREG ATE WITH A WAIVER OF SUBROGATION FOR
THE TOWN.
6. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY
CERTIFICATION APPLICATION REQUIREMENTS THAT PROVIDE:
A. NAMES AND CONTACT INFORMATION FOR CONTACT
INDIVIDUAL(S) FOR THE HOME WHO CAN RESPOND TO
COMPLAINTS OR EMERGENCIES.
B. INFORMATION REGARDING POLICIES AND PROCEDURES FOR
RESIDENTS AND VISITORS RELATED TO PARKING, NOISE
EMANATING FROM THE HOME, SMOKING, CLEANLINESS OF THE
PUBLIC SPACE NEAR THE HOME, AND LOITERING IN FRONT OF
THE HOME OR NEAR-BY HOMES ARE ESTABLISHED, KNOWN TO
RESIDENTS, AND ENFORCED.
C. INFORMATION REGARDING EFFORTS TO PROMOTE THE SAFETY
OF THE SURROUNDING NEIGHBORHOOD.
7. A FLOOR PLAN OF THE HOME SHOWING ALL BEDROOMS, LIVING, AND
DINING AREAS.
8. THE APPLICANT SHALL ATTEST THAT THEY WILL PROVIDE ALL
EVIDENCE PERMISSIBLE BY CODE AND AUTHORITY HAVING
JURISDICTION NECESSARY IN RESPONSE TO A CODE ENFORCEMENT
INQUIRY, IN PARTICULAR, OCCUPANCY LOGS.
9. EVIDENCE OF THE PROPERTY’S APPROPRIATE M ARICOPA COUNTY
TAX CLASSIFICATION FOR THE USE APPLIED PRIOR TO COMPLETION
OF REGISTRATION AND OCCUPANCY OF THE PROPERTY.
10. A COPY OF THE LEASE PACKET PRESCRIBED BY ARS 9 A.A.C. 12
SECTION 202 SPECIFYING THE OPERATOR OF THE HOME WILL UTILIZE
A LEASE PACKET THAT IS IN ACCORDANCE WITH THE STATE
ADMINISTRATIVE CODE.
11. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER
LICENSURE OR MEDICATION DISTRIBUTION WILL BE SOLICITED OR
OCCUR ON-PREMISES.
C. REGISTRATION:
1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN
IS REQUIRED PRIOR TO BEGINNING OPERATION. AN APPROVED
REGISTRATION IS VALID FOR ONE YEAR FROM DATE
ADMINISTRATIVELY ISSUED.
2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR
REGISTRATION, THE PROPERTY WILL BE INSPECTED BY THE
BUILDING OFFICIAL AND FIRE MARSHAL FOR COMPLIANCE
WITH ALL LIFE SAFETY REQUIREMENTS. ANY IDENTIFIED
DEFICIENCIES MUST BE ADDRESSED AND COMPLI ANCE
VERIFIED THROUGH A FOLLOW UP INSPECTION BEFORE THE
REGISTRATION WILL BE COMPLETED.
3. ALL REQUIRED DOCUMENTS LISTED IN B. WILL BE REVIEWED.
ANY REQUIRED CORRECTIONS OR CLARIFICATIONS MUST BE
SUBMITTED TO COMPLETE THE REGISTRATION PROCESS.
4. WHEN ALL REGISTRATION REQUIREMENTS HAVE BEEN MET,
THE DEVELOPMENT SERVICES DIRECTOR WILL
ADMINISTRATIVELY COMPLETE THE TOWN’S REGISTRATION
PROCESS.
5. IF ALL OTHER REQUIREMENTS OF THIS ORDINANCE ARE MET,
THE DEVELOPMENT SERVICES DIRECTOR MAY ISSUE A
CONDITIONAL REGISTRATION FOR UP TO 90 DAYS WHILE THE
APPLICANT APPLIES FOR AND RECEIVES
A. THE LICENSE OR CERTIFICATE AS REQUIRED BY B.1.;
B. THE INSURANCE POLICY REQUIRED BY B.5.; AND,
C. THE MARICIOPA TAX VERIFICATION REQUIRED BY B. 9.
THE APPLICANT MAY NOT OCCUPY THE RESIDENCE UNTIL
THESE ITEMS ARE RECEIVED BY THE TOWN. IF THE IF ONE OR
MORE OF THESE ITEMS ARE NOT RECEIVED BY THE TOWN
WITHIN 90 DAYS, OR IS NOT APPROVED, THE REGISTRATION OF
THE PROPERTY WILL BE RESCINDED. SHOULD THE LICENSE OR
CERTIFICATE BECOMES REVOKED FOR ANY REASON, THE
COMMUNITY RESIDENCE OPERATOR WILL HAVE 45 DAYS TO
VACATE THE PROPERTY.
6. REREGISTRATION. THE COMMUNITY RESIDENCE OPERATOR
MUST REGISTER ANNUALLY BY SUBMITTING A NEW
APPLICATION WITH ANY UPDATED DOCUMENTS. THE
REGISTRATION CAN BE RENEWED IF THE FOLLOWING ARE MET:
A. THE HOME HAS MAINTAINED A CURRENT LICENSE OR
CERTIFICATE.
B. THE HOME OR OPERATOR HAS MAINTAINED A CURRENT
TOWN BUSINESS LICENSE, IF APPLICABLE.
C. RE-INSPECTION OF THE PROPERTY HAS VERIFIED ONGOING
COMPLIANCE WITH LIFE SAFETY STANDARDS.
D. THE PROVIDER HAS COMPLIED WITH THE POLICIES AND
PROCEDURES ESTABLISHED IN B. 6.
D. PENALTY.
1. IF, UPON INSPECTION, A VIOLATION OF THE PROVISIONS OF
THIS ORDINANCE ARE FOUND, THE OWNER OF A PROPERTY
THAT IS USED AS A COMMUNITY RESIDENCE WILL BE GIVEN A
14 CALENDAR DAY GRACE PERIOD TO CORRECT THE
VIOLATION. IF THE VIOLATION HAS NOT BEEN CORRECTED BY
THE END OF THE 14-DAY PERIOD, THE TOWN MAY IMPOSE A
FINE OF $100 PER DAY PREDICATED ON THE DATE OF THE
VIOLATION FOR EACH DAY THE VIOLATION CONTINUES
PAYABLE TO THE TOWN.
2. SHOULD THE INSURANCE, REGISTRATION, OR LICENSURE
LAPSE, THERE WILL BE A PENALTY OF $100 PER DAY.
3. PROPERTY OWNERS OR COMMUNITY RESIDENCE OPERATORS
WHO RECEIVE ANY COMBINATION OF THREE VIOLATIONS OF
EITHER TOWN OR ARIZONA DEPARTMENT OF HEALTH
SERVICES REQUIREMENTS WITHIN A 12 MONTH PERIOD SHALL
HAVE THEIR REGISTRATION REVOKED AND WILL BE REQUIRED
TO VACATE THE PROPERTY. THE ARIZONA DEPARTMENT OF
HEALTH SERVICES WILL BE NOTIFIED OF THE TOWN’S ACTIONS.
4. KNOWINGLY PROVIDING FALSE OR MISLEADING INFORMATION
ON A REGISTRATION APPLICATION OR ANNUAL RE-
REGISTRATION SHALL RESULT IN IMMEDIATE TERMINATION OF
REGISTRATION AND EVICTION.
5. TOWN WILL PROVIDE NOTIFICATION TO THE ARIZONA
DEPARTMENT OF HEALTH SERVICES OF ANY COMPLAINT
AGAINST A REGISTERED ADDRESS AND/OR ANY
UNREGISTERED ADDRESS AS A MATTER OF COURSE.
SECTION 4. The Zoning Ordinance, Chapter 10, Single-Family Residential
Districts, Section 10.02 A., Permitted Uses, is hereby amended as follows:
12. Group Homes for the Handicapped and Elderly Care; provided, that:
COMMUNITY RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot that is within one thousand – two hundred
(1,200) feet, measured by a straight line in any direction of the exterior lot lines of another
group home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this Ordinance.
SECTION 5. The Zoning Ordinance, Chapter 11, Multifamily Zoning Districts,
Section 11.02 A, Permitted Uses, is hereby amended as follows:
11. Group Homes for the Handicapped and Elderly Care; provided, that:
COMMUNITY RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot within one thousand – two hundred (1,200)
feet, measured by a straight line in any direction, of the exterior lot lines of another group
home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health Services.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this Ordinance.
Section 6. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 5th day of April 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
R9-12-202. Residency Agreements
A. Within three calendar days before or at the time of acceptance into a sober living home, an
individual requesting to be a resident of the sober living home shall provide proof of sobriety to
the manager of the sober living home.
B. A manager shall not accept or retain an individual as a resident of a sober living home if the
individual:
1. Is not at least 18 years of age,
2. Cannot provide proof of sobriety, or
3. Needs more support to maintain sobriety than is within the scope of services for the sober
living home.
C. Before or at the time of an individual’s acceptance by a sober living home, a manager shall
ensure that there is a documented residency agreement between the individual and the sober
living home that includes:
1. The individual’s name;
2. The name and phone number of an emergency point of
contact, which may be a family member or another individual
designated by the individual;
3. Information about the individual’s:
a. Length of sobriety;
b. History of previous recovery activities; and
c. Source of referral to the sober living home, if applicable;
4. Terms of occupancy, including:
a. Date of occupancy or expected date of occupancy,
b. Resident responsibilities, and
c. Responsibilities of the sober living home;
5. The consequences of a loss of sobriety;
6. A description of the room for the individual to occupy;
7. A list of the services to be provided by the sober living home to a resident;
8. The fees to be charged to the individual for residency in the sober living home;
9. A list of the services available from the sober living home at an additional fee or charge
and the associated fees or charges;
10. The policy for refunding fees, charges, or deposits;
11. The policy and procedure for a resident to terminate residency, including terminating
residency because services were not provided to the resident according to the residency
agreement;
12. The policy and procedure for a sober living home to terminate residency;
13. A statement that a resident has a right to file a complaint about the sober living home,
manager, or licensee and a description of the complaint process;
14. A statement that a resident is expected to:
a. Comply with the terms of the residency agreement and requirements established for
residents according to R9-12-201(B)(2)(a)(iii) or R9-12-201(B)(3)(j);
b. Maintain sobriety; and
c. Participate in activities to improve life skills, support independent living, and promote
recovery:
i. Such as a treatment program, a self-help group, or another program to support
sobriety and recovery; and
ii. That may include job training, school, or looking for a job;
15. A statement that a sober living home may not require an individual to relinquish the
individual’s public assistance benefits, such as medical assistance, case assistance, or
supplemental nutrition assistance program benefits, as a condition of residency;
16. A statement that a sober living home must notify a family member or other emergency
contact of the individual, according to R9-12-201(E)(1), if the individual:
a. Dies while a resident of the sober living home,
b. Has an illness or injury that requires immediate intervention by an emergency medical
services provider or treatment by a health care provider,
c. Appears to be incapable of handling financial affairs, or
d. Is not complying with the residency agreement;
17. The name and contact information for the individual or
business organization controlling the sober living home;
18. The signature of the individual and the date signed; and
19. The manager’s signature and date signed.
D. A manager shall:
1. Before or at the time of an individual’s acceptance by a sober living home, provide to the
resident or resident’s representative a copy of:
a. The residency agreement in subsection (C), and
b. Resident’s rights; and
2. Maintain the original of the residency agreement in subsection (C) in the resident’s record.
E. A manager may terminate residency of a resident as follows:
1. Without notice, if the resident exhibits behavior that is an immediate threat to the health
and safety of the resident or other individuals in a sober living home;
2. With a seven-calendar-day written notice of termination of residency:
a. For nonpayment of fees, charges, or deposit; or
b. Under the conditions in subsection (B)(3); or
3. With a 14-calendar-day written notice of termination of residency, for any other reason.
F. A manager shall ensure that a written notice of termination of residency includes:
1. The date of notice;
2. The reason for termination of residency;
3. If termination of residency is because the resident needs more support to maintain sobriety
than is within the scope of services for the sober living home, a description of why the sober
living home cannot meet the resident’s needs;
4. The policy for refunding fees, charges, or deposits; and
5. The deposition of a resident’s fees, charges, and deposits.
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement
C2020-065 with M. R. Tanner Development and Construction, Inc.
Staff Summary (Background)
By utilizing cooperative purchasing agreement contracts, the Town of Fountain Hills has been able to
take advantage of competitive pricing from procurement processes of other municipalities.
The City of Chandler recently solicited bids for Street Maintenance & Repair Services (RFP
#PW0-745-4123). Based on this competitive process, the City of Chandler awarded the contract to M.R.
Tanner Development & Construction, Inc. M.R. Tanner has agreed to extend Chandler's contract pricing
to the Town of Fountain Hills. As a result, the Public Works Department wishes to take advantage of
this outstanding pricing by amending a previous Council-approved cooperative purchasing agreement
with M.R. Tanner from September 15, 2020.
The pavement management program used to complete the Town of Fountain Hills pavement analysis is
a robust enterprise asset management system known as "Lucity." The pavement analysis conducted by
our consultant (IMS) and staff, prioritizes and optimizes a multi-year rehabilitation process using sound
engineering and financial principles. To select rehabilitation candidates (street segments), the system
prioritizes (ranks) the potential candidates using factors such as functional classification, pavement type,
strength, and cost of deferral.
This amendment in the amount of $1,000,000 will be utilized for street paving, Capital Improvement
Projects and a Facilities Reserve project. Each of these projects has its own designated funding and is
described in more detail below. The pavement maintenance for FY 21-22 that started last fall and
continues this spring, includes the removal and replacement of segments on arterials and collectors that
have failed, mill and overlay on two minor collectors and crack filling.
This is the final phase of the multiyear improvements at Four Peaks Park. This amendment will utilize
funding from the Capital Improvement Fund to construct a parking lot and ADA accessible route to the
recently completed playground on the south side of the park. The balance of this amendment will
utilize Facilities Reserve funding to make drainage improvements, add ADA parking and repave the
parking lot on the north side of Four Peaks park nearest to the restroom and the parking lot on the west
side near the tennis and basketball courts.
Related Ordinance, Policy or Guiding Principle
Pavement Management best practices
Capital Improvement Projects
Capital Reserve Assessment
Risk Analysis
Failure to amend/renew the contract for street maintenance and repair could delay projects and result
in higher pricing.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends the approval of the Second Amendment to Cooperative Purchasing Agreement
C2020-065 with M.R. Tanner Development & Construction, Inc.
SUGGESTED MOTION
MOVE to approve the Second Amendment to Cooperative Purchasing Agreement C2020-065 With M.R.
Tanner in the amount of $1,000,000 and any required budget transfers.
Fiscal Impact
Fiscal Impact:1,000,000
Budget Reference:210,254,289
Funding Source:
If Multiple Funds utilized, list here:Capital Projects -Facilities Replacement - Streets
Budgeted: if No, attach Budget Adjustment Form:
Attachments
Cooperative Purchasing Agreement
Local street pavement segments map
Parking lot Exhibits
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/22/2022 12:54 PM
Finance Director David Pock 03/22/2022 04:17 PM
Town Attorney Aaron D. Arnson 03/24/2022 08:26 AM
Town Manager Grady E. Miller 03/25/2022 11:23 AM
Form Started By: Justin Weldy Started On: 03/18/2022 05:00 AM
Final Approval Date: 03/25/2022
1
Contract No. 2020-065.2
SECOND AMENDMENT
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC
THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT
(this “Second Amendment”) is entered into upon execution, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and M.R. Tanner Development & Construction,
LLC, a(n) Arizona limited liability company (the “Contractor”).
RECITALS
A. The Town and the Contractor entered into a Cooperative Purchasing Agreement
dated February 18, 2020, (the “Agreement”), for Street Maintenance and Repair Services (the
“Materials and Services”). The terms of the Agreement are incorporated herein.
B. The Town and the Contractor entered into that First Amendment, dated September
2, 2020, for additional materials and services.
C. The Town has determined that additional Materials and Services (the “Additional
Materials and Services”) are necessary.
D. The Town and the Contractor desire to enter into this Second Amendment to
increase the compensation authorized by the Agreement for the Additional Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Compensation. The Town shall pay the Contractor an amount not to exceed
$1,000,000 for an aggregate amount not to exceed $7,050,000.
2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
3. Non-Default. By executing this Second Amendment, the Contractor affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
2
this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and
all claims, known and unknown, relating to the Agreement and existing on or before the date of
this Second Amendment are forever waived.
4. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
5. Conflict of Interest. This Second Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
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Four Peaks Park - Parking Lot Improvements 2022Tennis Court / Basketball Parking - Reconstruct to Improve Drainage andRelocate ADA Parking Space to Provide an Updated Accessible RouteDEL CAMBRE AVE ALAMOSA AVEBasketball CourtTennis CourtsParking Lot
Four Peaks Park - Parking Lot Improvements 2022Restrooms - Mill and OverlayDEL C
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Four Peaks Park - Parking Lot Improvements 2022Playground - Mill and Overlay Drive Isle, Install New ADA Parking Spaces to Provide anUpdated Accessible Route and Add Parking Spaces to the Southside of New PlaygroundEL SOBRANTE AVESAN MARCUS DRParking LotParking SpacesPlaygrounds
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION OF Resolution 2022-014, approving Amendment One to the Intergovernmental
Agreement with the State of Arizona for design and construction of sidewalk gap elimination along
Saguaro Boulevard and Palisades Boulevard
Staff Summary (Background)
Staff continuously look for opportunities to improve the road network for all modes of transportation,
with a focus on pedestrian safety. Most areas within the town prior to incorporation were constructed
without sidewalks. Due to Council interest in making Fountain Hills more pedestrian friendly and to add
greater connectivity for the community, town staff applied to Maricopa Association of Governments
(MAG) for federal funding for various transportation and pedestrian projects, including the installation
of sidewalks to fill gaps on two corridors: (a) Palisades Blvd between Fountain Hills Blvd and Saguaro
Blvd, and (b) Saguaro Blvd. between Fountain Hills Blvd and Colony Drive. In the Spring of 2020, the
Town was notified by MAG that our Sidewalk Gap Elimination Project was selected to receive a $2
million grant.
This project will construct 8-foot sidewalks along both corridors. The project will fill gaps between
existing sidewalks, complete full street block sidewalk lengths, connect to existing pedestrian
generators (including schools, parks, churches, and commercial areas), and will address pedestrian
safety (hazard removal, better accessibility and curb ramp upgrades along arterial streets). The project
will also include utility relocations, driveway improvements, roadway narrowing, pavement obliteration
and re-striping, retaining walls, landscape restoration and sign relocation.
The estimated cost of constructing both corridors of the sidewalk gap project is $2,566,081.00
The federal grant for construction amounts to $2,026,477 (94.3%), with the town’s match being
$122,491 (5.7%). Additionally, staff applied for and was selected to receive unspent MAG closeout
funding for design assistance in the amount of $274,144, and received notification of the grant award on
January 28, 2021. The grant will cover the majority of the design cost (94.3%), with the town’s match
being $16,571 (5.7%). There was also an additional review and administrative fee charged by ADOT in
the amount of $30,000, bringing the town’s contribution to $46,571 towards the design.
On May 4, 2021, Town Council approved Resolution 2021-11 for an Intergovernmental Agreement (IGA)
with the State of Arizona, defining the project costs and outlining the federal funding and the town's
contributory match.
In November 2021, six months after the approval of the IGA, the town was notified by ADOT that the
cost of the design was increased by $96,398 for the purpose of additional utility potholing. Under
direction from the Town Manager, staff applied for and received closeout funds through MAG to fund
the cost of the additional utility potholing during the design phase. The purpose of the additional
potholing is to decrease the risk of utility conflicts during construction. The additional cost approved for
closeout funds is $96,398, with $90,904 being the federal share and $5,494 being the town's share.
The following represents an updated summary of the federal share and town share of the project costs,
which incorporates the additional closeout funds for design for the utility potholing:
Design:
Federal-aid funds @ 94.3% $365,048
Town's match @ 5.7% $ 22,065
ADOT (PDA) Cost: $ 30,000 (Paid by Town)
Subtotal - Design/PDA $417,113
Construction:
Federal-aid funds @ 94.3% $2,026,477
Town's match @ 5.7% $ 122,491
Subtotal - Construction $2,148,968
Estimated TOTAL Project Cost $2,566,081
Total Estimated Town Funds $ 174,566
Total Federal Funds $2,391,525
If the actual project costs exceed the federal grant funding allocation, the Town will be responsible for
paying the difference between actual costs of the project and the federal funds received.
Related Ordinance, Policy or Guiding Principle
Sidewalk infill (gap elimination) has been a top priority of the Town Council for several years. This
agreement provides design and construction support, and in doing so, creates significantly safer walking
paths. It is a key element and part of a comprehensive plan to improve pedestrian safety Town-wide.
Risk Analysis
Not approving the Resolution will have a negative impact on grant funding and on the project.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2022-014.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-014.
Fiscal Impact
Fiscal Impact:$5,494.00
Budget Reference:251
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Res 2022-14
Amendment #1 to the IGA
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 03/17/2022 03:32 PM
Town Engineer (Originator)David Janover 03/17/2022 05:14 PM
Finance Director David Pock 03/21/2022 08:26 AM
Town Attorney Aaron D. Arnson 03/22/2022 09:21 AM
Town Manager Grady E. Miller 03/22/2022 09:52 AM
Form Started By: David Janover Started On: 03/09/2022 08:25 AM
Final Approval Date: 03/22/2022
RESOLUTION NO. 2022-014
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA,
APPROVING AMENDMENT ONE TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ARIZONA RELATING TO SIDEWALK INFILL DESIGN AND
CONSTRUCTION
RECITALS:
WHEREAS, by Resolution 2021-011 the Mayor and Town Council of the Town of Fountain Hills
(the “Town”) approved an Intergovernmental Agreement with the State of Arizona (the “State”)
relating to the Design and Construction of sidewalk along Saguaro Boulevard from Colony Drive
to Fountain Hills Blvd and Palisades Boulevard from Saguaro Boulevard to Fountain Hills
Boulevard (the “Agreement”); and
WHEREAS, the Town and the State desire to amend the Agreement to revise the project costs.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment One
to the Intergovernmental Agreement (the “Agreement”), attached hereto as Exhibit A.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of Amendment One to the Intergovernmental
Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa
County, Arizona, this 5th day of April, 2022.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
______________________________________________________________________
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
______________________________________________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION NO. 2022-014 PAGE 2
EXHIBIT A
AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT
Page 1 of 4
ADOT File No.: IGA 21-0008123-I
Amendment No. One: 21-0008446-I
AG Contract No.: P001 2021 000539
Project Location/Name: Palisades Blvd.,
and Saguaro Blvd.
Type of Work: Sidewalk Gaps
Federal-aid No.: FTH-0(210)T
ADOT Project No.: T031401C
TIP/STIP No.: FTH23-040D, FTH23-040
CFDA No.: 20.205 - Highway Planning and
Construction
Budget Source Item No.: N/A
AMENDMENT NO. ONE
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
THE TOWN OF FOUNTAIN HILLS
THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No.
One”),is entered into this date ______________________________, pursuant to Arizona Revised Statutes
(“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and
through its DEPARTMENT OF TRANSPORTATION (the "State" or “ADOT”) and the TOWN OF
FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL(the “TOWN”).The State
and the Town are each individually referred to as a “Party” and are collectively referred to as the
“Parties.”
WHEREAS, the INTERGOVERNMENTAL AGREEMENT, IGA 21-0008123-I, A.G. Contract No. P001
2021 000539, was executed on May 28, 2021, (the “Original Agreement”);
WHEREAS, the State is empowered by A.R.S. § 28-401 to enter into this Amendment No. One and
has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the
State;
WHEREAS, the Town is empowered by A.R.S. § 9-240to enter into this Amendment No. One and
has by resolution, a copy of which is attached and made a part of, resolved to enter into this
Amendment No. One and has authorized the undersigned to execute this Amendment No. One on
behalf of the Town; and
NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of
this Amendment No. One is to include additional utility potholing costs in the design phase
of the Project, revise, and replace Exhibit A. Consistent with the Original Agreement the
Town has been invoiced and paid $46,571.00 and will pay the additional match of $5,494.00
within 30 days of receipt of an invoice from the State. The Parties desireto amend the
Original Agreement, as follows:
IGA/JPA: 21-0008123-I
Amendment No. One: 21-0008446-I
Page 2 of 4
The Parties incorporate the Recitals set forth above as part of the body of this Amendment
No. One.
I.RECITALS
(NO CHANGES)
II. SCOPE OF WORK
(NO CHANGES)
III. MISCELLANEOUS PROVISIONS
(NO CHANGES)
EXCEPT AS AMENDED ALL OTHER terms and conditions of the Original Agreement remain in full
force and effect.
THIS AMENDMENT NO. ONE shall become effective upon signing and dating of all Parties.
IN ACCORDANCE WITH A.R.S. § 11-952 (D) the written determination of each Party’s legal counsel
providing that the Parties are authorized under the laws of this State to enter into this Amendment
No. One and that the Amendment No. One is in proper form as set forth below.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. Oneto be effective upon
the signing and dating of all Parties.
TOWN OF FOUNTAIN HILLS
By ______________________________Date_______________
GINNY DICKEY
Mayor
ATTEST:
By ______________________________Date________________
ELIZABETH KLEIN
Town Clerk
IGA/JPA: 21-0008123-I
Amendment No. One: 21-0008446-I
Page 3 of 4
I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona,
acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF FOUNTAIN
HILLS, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951
through 11-954 and A.R.S. § 9-240, and declare this Agreement to be in proper form and within the
powers and authority granted to the Town under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to
Form:
By ______________________________ Date___________
TownAttorney
ARIZONA DEPARTMENT OF TRANSPORTATION
By ______________________________ Date___________
STEVE BOSCHEN, PE
Division Director
A.G. Contract No. P001 2021 000539 (ADOT IGA 21-0008123), an Agreement between public
agencies, the State of Arizona and the Town of Fountain Hills, has been reviewed pursuant to
A.R.S. §§ 11-951 through 11-954, and 28-401, by the undersigned Assistant Attorney General
who has determined that it is in the proper form and is within the powers and authority
granted to the State of Arizona. No opinion is expressed as to the authority of the remaining
Parties, other than the State or its agencies, to enter into said Agreement.
By ______________________________ Date___________
Assistant Attorney General
IGA/JPA: 21-0008123-I
Amendment No. One: 21-0008446-I
Page 4 of 4
EXHIBIT A
Cost Estimate
T031401D/03D/01C
The federal funds will be used for the scoping/design and construction of the Project, including
the construction engineering (CE) and administration cost. The estimated Project costs are as
follows:
ADOT Project Development Administration (PDA) Cost,:
PDA costs*$ 30,000.00
Scoping/Design:
Federal-aid funds @ 94.3%$ 365,048.00
Town’s match @ 5.7%$ 22,065.00
Subtotal – Scoping/Design/PDA**$ 417,113.00
Construction:
Federal-aid funds @ 94.3% $ 2,026,477.00
Town’s match @ 5.7%$ 122,491.00
Subtotal – Construction***$ 2,148,968.00
Estimated TOTAL Project Cost $ 2,566,081.00
Total Estimated Town Funds $ 174,556.00
Total Federal Funds $ 2,391,525.00
* (Included in the Town’s Estimated Funds)
** (Consistent with the Original Agreement, the Town paid $46,571.00 and will be invoiced for
the additional match of $5,494.00)
*** (Includes 15% CE (this percentage is subject to change, any change will require concurrence
from the Town) and 5% Project contingencies)
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval on Amendment No.1 to Cooperative Purchasing Agreement C2022-013
with Brown & Associates Certified Inspection, Services, INC
Staff Summary (Background)
The Public Works Department and Development Services Department have an ongoing contract with
Brown and Associates for civil plan review and building inspection services. These services have been
necessary to supplement Town staff in order to provide civil plan review and inspection services in a
timely manner.
The primary function of a civil plan reviewer is to provide assistance to the Engineering and Building
Safety Departments to ensure that the town’s roadways, drainage conveyance structures, dams,
washes, existing and proposed developments are designed to meet federal, state and/or local design
standards.
A building inspector performs highly skilled, technical inspections to determine the structural soundness
of buildings on construction projects. Building inspectors are tasked with inspecting and assessing the
structural integrity of buildings and ensuring compliance with zoning regulations and building codes.
Building permit applications and approvals are continuing at a high level. Last year Town staff
performed 3,707 building inspections. The number of inspections being requested on a daily basis is
creating an issue with being able to provide timely inspections.
National guidelines state that there should be, on average, one inspector for every 10 inspections stops
done per day. Currently, town inspections average 16 stops a day with multiple inspections at each
location. This creates a challenge when it’s necessary to pursue permit violations; work without permits,
complaints, unlicensed contractors or follow-ups on old permits.
To alleviate this issue, staff is requesting an amendment with Brown and Associates for additional
services in the amount of $50,000, thereby increasing the not-to-exceed amount of the total contract to
$75,000.
Staff expects to use these funds for a contract inspector, for the equivalent of one day per week through
the end of this fiscal year.
Related Ordinance, Policy or Guiding Principle
Public Works and Development Services Mission Statements.
Risk Analysis
Failure to amend/renew the contract for civil plan review and inspections could result in a delay in
issuing building permits and the start of construction on new or ongoing developments.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Amendment #1 to Cooperative Purchasing Agreement C2022-013.
SUGGESTED MOTION
MOVE to approve Amendment No.1 to Cooperative Purchasing Agreement C2022-013 with Brown &
Associates Certified Inspection, Services, INC, in the amount of $50,000, and any necessary budget
transfers.
Fiscal Impact
Fiscal Impact:$50,000
Budget Reference:52
Funding Source:Building Safety
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
Fee Schedule
Underlying Agreement
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/11/2022 04:35 PM
Finance Director David Pock 03/15/2022 10:47 AM
Town Attorney Aaron D. Arnson 03/15/2022 10:53 AM
Town Manager Grady E. Miller 03/25/2022 12:08 PM
Form Started By: Justin Weldy Started On: 03/09/2022 10:46 AM
Final Approval Date: 03/25/2022
1
Contract No. 2022-013.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC.
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First
Amendment”) is entered into as of April 5, 2022 between the Town of Fountain Hills, an Arizona
municipal corporation (the “Town”) and Brown & Associates Certified Inspections Service, Inc.,
a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated August 18, 2021, for the Consultant to provide Plan Review and Inspection
Services (the “Services”). All capitalized terms not otherwise defined in this First Amendment
have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to extend the Agreement with the
Consultant for Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) extend the term of the Agreement and (ii) provide for compensation to the
Consultant for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Term of Agreement. The term of the Agreement is hereby extended until August
17, 2023, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay Consultant an aggregate amount not to exceed
$75,000.00 for the Services at the rates as previously set forth in Exhibit B.
3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
2
4. Non-Default. By executing this First Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
5. Israel. Consultant certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
6. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
____$50,000
Elizabeth Klein (Sep 27, 2021 11:07 PDT)
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION : Approving Professional Services Agreement 2022-039 with Systems 4 for Town
Janitorial Services.
Staff Summary (Background)
On September 8, 2021, the Town released a Request for Proposals (RFP) for janitorial services. Five
janitorial service companies responded. The proposals were reviewed by a four member committee
comprised of staff from procurement, facilities and the Community Center Manager.
The focus of the proposal was to provide for the Town a broad range of facility management resources,
capabilities and assets necessary to meet the custodial needs of the Town’s diverse facilities. The
objective of the Request for Proposals was to secure a long-term agreement with a company capable of
delivering comprehensive janitorial services and facility management services that will substantially
improve cleanliness, and ultimately, save the town time and money.
The submittals were reviewed by the committee using pre-established criteria including experience,
pricing and available resources. Based on the scoring criteria, the committee selected Flying Squirrel
Enterprises (dba Systems 4) for the contract award. The annual amount for the agreement is $88,000
Flying Squirrel Enterprises (dba systems 4) has provided janitorial services to the Town of Fountain Hills
for the last six years. Flying Squirrel Enterprises (dba systems 4) was able and willing to adjust its service
levels to Fountain Hills as our needs required, either in times of growth or during the shut-downs
caused by the COVID-19 pandemic.
The contract will require Systems 4 to provide janitorial services to Town Hall for four days per week,
the Sheriffs' offices six days per week, five days a week at Community Center and the Library/Museum,
and one day a week at the Street Maintenance building. The agreement also includes Porter Duties for
Special Events and other special services for a set fee and will be utilized as directed by the Facilities
Supervisor.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Staff has determined that outsourcing janitorial services can significantly save the town money in the
provision of these services versus paying salaries and benefits to town personnel. Outsourcing also
ensures that the cleaning services are performed if assigned personnel are out sick or on leave. By
having effective cleaning and maintenance of town builings and facilities, it helps extend the life of these
assets.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of professional Services agreement 2022-039
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2022-039 with Flying Squirrel Enterprises (dba
Systems 4) for Town Janitorial Services in the amount of $88,000 annually.
Fiscal Impact
Fiscal Impact:88,000 - 440,000
Budget Reference:144
Funding Source:General Fund
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
RFP
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/14/2022 05:23 PM
Finance Director David Pock 03/15/2022 10:51 AM
Town Attorney Aaron D. Arnson 03/15/2022 10:54 AM
Town Manager Grady E. Miller 03/25/2022 11:55 AM
Form Started By: Justin Weldy Started On: 03/14/2022 04:07 PM
Final Approval Date: 03/25/2022
1
Contract No. 2022-039
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FLYING SQUIRREL ENTERPRISES, INC.
D/B/A
SYSTEM4 OF PHOENIX
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and Flying Squirrel Enterprises, Inc. d/b/a System4 of Phoenix, a(n) Arizona corporation
(the “Vendor”).
RECITALS
A. The Town issued a Request for Proposals, RFP No. 2022-003 (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 Janitorial 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,
2
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. 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
$88,000, at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated
herein by reference. The aggregate amount shall not exceed $440,000.
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.
3
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
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: Flying Squirrel Enterprises, Inc.
d/b/a System4 of Phoenix
11811 N. Tatum Blvd. #1000
Phoenix, Az. 85028
Attn: Susan Ricks
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
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.
11
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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
“Contractor”
____________________________________,
By:
Name:
Title:
Flying Squirrel Enterprises, Inc. d/b/a System4 of Phoenix, a(n) Arizona corporation
Susan Ricks (Dec 14, 2021 13:37 MST)
Susan Ricks
General Manager
Susan Ricks
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FLYING SQUIRREL ENTERPRISES, INC.
D/B/A
SYSTEM4 OF PHOENIX
[Consultant’s Proposal]
See following pages.
*Estimated Summary Work Schedule
AREA Frequency from RFP
Revised Frequency to Match
Current Operations
A. ALL AREA SERVICES
Check logbook for customer communications prior to starting service Every Service Every Service
Clean all light switches, door knobs, & picture frames
Clean and disinfect water fountains and/or water coolers Every Service Every Service
Dust mop and damp mop all hard floor areas Every Service Every Service
Empty trash and replace liners as needed Every Service Every Service
Spot clean all partition glass Every Service Every Service
Vacuum all carpeted areas, mats, area rugs, and remove new spots as needed Every Service Every Service
Remove all cobwebs As Needed As Needed
Disinfect all phones 1 x per week 1 x per week
Dust all door frames, moldings, and chair railings 1 x per week 1 x per week
Dust all horizontal surfaces with a microfiber cloth (desks, tables, work
surfaces, shelves)1 x per week 1 x per week
Dust window sills with a microfiber cloth 1 x per week 1 x per week
Clean all ceiling vents and air returns 1 x per month 1 x per month
Clean baseboards 1 x per month 1 x per month
Dust all blinds with a microfiber cloth or wand 1 x per month 1 x per month
Dust all ceiling fans 1 x per month 1 x per month
Dust all lighting fixtures 1 x per month 1 x per month
B. COMMUNITY CENTER - see Section G: Kitchen for Community
Center Kitchen Services
Clean all light switches, door knowbs, and picture frames 5 x per week 5 x per week
Clean entrance glass, remove all smudges 5 x per week 5 x per week
Dust all window ledges & window coverings/blinds 5 x per week 5 x per week
Dust and damp mop high traffic areas 5 x per week 5 x per week
Dust/vacuum all ceiling vents, light fixtures, and picture frames 5 x per week 5 x per week
Bathrooms - See Section H: Restrooms for details 5 x per week 5 x per week
Vacuum all carpeted areas, mat, area rugs, and remove new spots as needed 5 x per week 5 x per week
Vacuum walk-off mats 5 x per week 5 x per week
Porter Duties for Special Events, as directed As Needed As Needed
C. TOWN HALL
Empty trash & recycling and dispose in proper location 4 x per week 4 x per week
Clean and disinfect break room & empty trash/recycling 4 x per week 4 x per week
Clean refrigerator interior and discard left-over food as instructed Every other Thursday (payday)Every other Thursday (payday)
Clean entrance glass 4 x per week 4 x per week
Sweep stairwells - mop if necessary Quarterly or as necessary Quarterly or as necessary
Restrooms - See Section H: Restrooms for details 4 x per week 4 x per week
Vacuum high traffic carpeted areas 4 x per week 4 x per week
Vacuum walk-off mats 4 x per week 4 x per week
Clean lobby chairs 1 x per week 1 x per week
Clean partition glass 1 x per week 1 x per week
Dust mop and damp mop lobby 1 x per week 1 x per week
Dust partitions 1 x per week 1 x per week
Dust window sills with a microfiber cloth 1 x per month 1 x per month
High dust air vents and returns 1 x per month 1 x per month
D. TOWN HALL - COURTS
Services same as Town Hall 2 x per week 2 x per week
Janitorial Services Town-Wide
Town of Fountain Hills
RFP # PW 2022-003 Page 1 of 2
*Estimated Summary Work Schedule
E. TOWN HALL - SHERIFF'S OFFICE, HOLDING CELLS, LOCKER
ROOMS AND RESTROOMS
Services same as Town Hall Every service 6 x per week
Clean and disinfect showers, as used Every service 6 x per week
Locker room - for services, see Section H: Restrooms for details Every service 6 x per week
Vacuum carpets Monday, Wednesday, & Friday 3 x per week 3 x per week
F. LIBRARY
Clean and disinfect tables & counters 1 x per week 1 x per week
Clean and disinfect desks, table tops, & touchpoints 1 x per week 1 x per week
Clean and disinfect kitchen countertops, tables, sinks 1 x per week 1 x per week
Dry dust computer monitors and keyboards 1 x per week 1 x per week
Dust all window ledges & window coverings/blinds 1 x per week 1 x per week
Empty trash & replace liners 1 x per week 1 x per week
Bathrooms - See Section H: Restrooms for details 1 x per week 1 x per week
Vacuum all carpeted areas, mats, area rugs, and remove new spots as needed 1 x per week 1 x per week
G. KITCHEN & BREAKROOMS - ALL
Clean and disinfect tables & arrange chairs 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Clean and organize counter and coffee areas 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Clean exterior of refrigerator 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Clean interior of refrigerator and discard leftover food as instructed Every other Thursday (payday)Every other Thursday (payday)
Clean and polish stainless steel exteriors of all appliances 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Clean microwaves - interior & exterior 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Empty trash & recycling, replace liner 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Sweep and mop floors 4 x per week (5 x Comm Center)4 x per week (5 x Comm Center)
Spot clean walls 1 x per month 1 x per month
H. RESTROOMS - ALL
Clean and disinfect all counter tops, sinks, toilets, and urinals Every service Every service
Spot clean walls, doors, and partitions Every service Every service
Detail clean & disinfect tile walls, partitions, and baby changing stations Every service 1 x per week
Dust mop and damp mop floor with disinfectant Every service Every service
Restock paper and soap products Every service Every service
Spot clean mirrors, remove all smudges Every service Every service
I. STREET YARD OFFICE
Same as All Areas 1 x per week 1 x per week
Restrooms 1 x per week 1 x per week
Break Area 1 x per week 1 x per week
J. CLOSING PROCEDURES
Clean and organize janitorial closets Every Service Every Service
Document any abnormalities (malfunctioning lighting, HVAC, etc) and note
concerns in the log book Every Service Every Service
Report and abnormalities Every Service Every Service
Turn off all lights, as instructed Every Service Every Service
Lock all appropriate doors and set alarms as directed Every Service Every Service
K. Comprehensive Floor Maintenance - see pricing for estimated square
footage & cost per square foot breakdowns
Town Hall 2 x per year 2 x per year
Community Center 2 x per year 2 x per year
Library 2 x per year 2 x per year
Janitorial Services Town-Wide
Town of Fountain Hills
RFP # PW 2022-003 Page 2 of 2
Section 7.2.3. KEY POSITIONS
Key personnel included in this proposal to the Town of Fountain Hills are
employees of System4 are Vince Livernois, Operations Manager and Susan
Ricks, General Manager.
Vince had been in Restaurant Management in California for many years and was
transferred by his company to Phoenix. He continued as a District Manager in
Restaurants, and then started his own Janitorial Service in 2008. He became
affiliated with System4 as a Service Provider soon after and a few years later,
Mark invited Vince to join him as an employee and as Operations Manager of
System4. Vince has been the key to our success in our Janitorial Services to
Restaurant and Food Service Locations, which is very specialized.
Vince will serve as the “Primary Account Manager” to the Town of Fountain
Hills, as he currently has done for the last five years. He also has direct oversight
of our subcontractor cleaners on a daily basis.
Our current Crew Supervisor is Omar Juarez, who has held this position for the
last five years, as well. Omar has been in the janitorial/custodial field for most of
his adult life and has been the Crew Supervisor for our team at Town of Fountain
Hills for the life of the current contract.
Susan has been in Sales, Sales Management and Consulting in Colorado and
Arizona for over 30 years. After moving to Arizona in the late 1980’s, she started
in Janitorial Supply Sales in the Phoenix area, and several years later, was named
an Education Business Development Manager for Arizona & California for
several large national distributors. In 1999, she became a ‘Government &
Education Account Executive’ and later Sales Manager of Government
&Education Accounts for WAXIE Sanitary Supply, both in Phoenix and then in
Colorado for the next 15 years. She is a member of AASBO and has given
presentations at Maintenance & Transportation Workshops and to AASBO
Summer Conference on many occasions.
In 2011, she started a consulting company to work with School Facilities
Departments and continued in that regard until 2018, when she was given the
opportunity to become Sales Manager, and now General Manager, at System4
of Phoenix.
Susan is responsible for Contract Offerings and Management to Town of
Fountain Hills.
Mark Adriansen started System4 of Phoenix after retiring from 25 years in
Corporate Sales Management for Fortune 500 companies. Mark is actively
engaged in the business of System4 and is responsible for the Business Office,
overseeing all financial management of the business.
SERVICE TEAM CONTACT INFORMATION
As previously stated, SYSTEM4 believes in the team-based model, in which SYSTEM4
employees are grouped together in Market Teams for Operations and Service activities. Our
motto is “Whatever It Takes!” and we have created this Service Team who will be dedicated
to the management of the Town of Fountain Hills account:
Name Position Phone Cell Email Address
Susan Ricks General Manager
–Town of Fountain
Hills Contract
Manager
303-519-4378 sricks@system4.com
Vince Livernois Operations Manager
–Town of Fountain Hills
Account Manager
480-440-9693 vlivernois@system4.co m
Mark Adriansen President/Owner 602-314-6800 602-625-7790 madriansen@system4.co m
Page 1
Section 7.2.4. PROJECT APPROACH
The focus of this proposal is to bring to the TOWN OF FOUNTAIN HILLS a broad range of facility
management resources, capabilities and assets focused on the special needs of Municipal Government.
Our objective is to deliver a comprehensive janitorial service and facility management program. That will
substantially improve cleanliness and ultimately, save you time and money.
We have been proud to be the selected janitorial vendor to the Town of Fountain Hills for the last five
years and pledge to continue to bring you an enhanced model in which the TOWN OF FOUNTAIN HILLS
and SYSTEM4 both continue to focus on the same objectives and work together to achieve a mutually
beneficial partnership.
SYSTEM4 offers:
The best service model in the industry. Customer Service is the heart and soul of our company,
which is why SYSTEM4’s legendary service is rate rated “Number One” by our customers.
Twelve years of experience as a company and over forty years of experience in Facility
Management Services of our Management Team members, for a true “value-added”
organization.
Inventory Management of Disposable Supplies through Cooperative Purchasing
Contracts.
MicroShield 360 Antimicrobial Coating Services designed to provide an additional
level of protection 24/7 for both citizens and staff.
SYSTEM4 ServiceSync ™ Work Order Management, a robust program with a free online
platform, to streamline the process and cut costs in managing your facility.
Quarterly Business Reviews, frequent quality control inspections of your buildings and the
utilization of our customized offering of tools and systems to improve communication, to heighten
the appearance of your buildings and to reduce costs.
A dedicated team serving your organization to streamline the management, tasks, and
processes of facility maintenance for your organization.
SYSTEM4 is eager to continue working with the TOWN OF FOUNTAIN HILLS. From initial site audits
to program implementation, our team works with you to develop the solution that best suits your needs. Our
motto is “Whatever It Takes” and our number one priority will be to assist and support your ability to meet
the needs of your clients, reduce costs, improve safety and heighten the appearance of your buildings, while
eliminating excess paperwork and streamlining your cleaning and facility maintenance process.
In conclusion, we at System4 of Phoenix believe that we have the experience, know-how and ability to
offer the Town of Fountain Hills the highest quality services at an affordable cost. We know how to do the
job correctly and we will “Do Whatever It Takes!” to meet your needs.
Page 2
MicroShield 360™ FACT SHEET
• What is MicroShield 360™ ? MicroShield 360™ is an EPA registered and FDA approved disinfectant and
antimicrobial coating system that prevents the growth and spread of harmful microbes on a wide variety of
surfaces. The antimicrobial coating is colorless, odorless, hypoallergenic, and non-toxic to humans and animals.
• Why is MicroShield 360™ important? Wearing facemasks will slow the spread of harmful microbes through
the air, while MicroShield 360™ will reduce the spread from cross contamination on surfaces.
• How does MicroShield 360™ work? First, we prep the cleaned surface with MicroShield 360™ Renew, a
powerful hospital grade disinfectant, that kills various pathogens, including coronaviruses. In all it kills over
100 different pathogens! Then we electrostatically apply the MicroShield 360™ Antimicrobial coating. This
unique coating provides biostatic protection and prevents the growth of various microbes on treated surfaces.
And, since it is FDA approved, it is completely safe for direct food contact surfaces like in cafeterias and
teachers lounges. Another added benefit is that MicroShield 360™ prevents mold and mildew from forming in
gyms, showers, locker rooms, kitchens, etc.
• What’s the difference between Disinfecting and “MicroShielding”? Traditional disinfecting only lasts mere
seconds and provides zero protection when people are actually in the school or facility. MicroShield 360™
goes way beyond traditional disinfecting as it imparts long-lasting biostatic activity on treated surfaces and
provides protection 24/7/365.
• A disinfected surface will only kill germs when the disinfectant is applied and while it’s wet. Once the surface
is dry the disinfectant is not effective, so when someone with a cold or flu coughs, sneezes or touches that
surface, that surface is now contaminated. Studies show that germs can live on a surface for up to 3 days,
depending on the type of surface.
• Let’s take a look at that same surface after the MicroShield 360™ coating is applied. If someone with a cold
or flu coughs, sneezes, or touches the surface, the microbes that contact that surface will immediately be
destroyed and thus the surface will not be contaminated.
MICROSHIELD 360™ HIGHLIGHTS
• Clear, Colorless, Odorless and Non-Toxic
• 100% Preventative, Not Reactionary
• Non-Leaching
• Provides a Mechanical Kill, Not Bactericidal Kill
• Doesn’t Allow for Resistances
• Creates a Permanent Coating
• Works Every Second of Every Day
• Allows Facilities to Continue with Normal Cleaning Protocols
•
• Please see the Pricing Page for a Special Offer to Town of Fountain Hills for this service!
Page 3
SYSTEM4 ServiceSync™ Software – offered at no charge to Town of Fountain Hills
SYSTEM4 can provide you the ability to manage all your facility needs with one call and one point of contact.
ServiceSync™ offers you:
• Improved service delivery with online work orders that are tracked through completion and
updated in real time
• Enhanced operational efficiency by automating repetitive tasks and allowing management-by-exception.
• Greater visibility and insights on facility spend through granular data collection and reporting
• Lower costs by consolidating vendors, freeing up time and creating Not-to-Exceed amounts for all
trades
What does ServiceSync™ do for your organization?
Automates the repetitive tasks of:
• Contacting service providers to initiate work orders
• Communicate with service providers to track specific issues in specific locations
• Following-up on completed work
Creates visibility to workflow for all parties with:
• Customized alerts
• GPS-based check in/out & updates; phone-based IVR also available
• Mobile application
All common issues are pre-loaded:
• Define custom drop-down menus for work order creation
• All location specifics are customized, including on-site equipment
• Planned Maintenance work orders are automatically generated
Customized User Roles:
• Users can see 1 location or 1,000
• Multiple users per location with different rights are supported
Not-To-Exceed cost controls established:
• By Trade
• Approval process defined for exceptions
• Can be changed by dedicated management
Provides multiple reporting options:
• Spend insights by trade & location & equipment type
• Customized reports available
• Service Provider score cards
Page 4
Disposables Inventory Procurement and Management
System4 partners with WAXIE Sanitary Supply as a normal course of business, to offer disposables as
a convenience to our customers. Our pricing is very good, but Town of Fountain Hills has the ability to procure
all supplies through several different Cooperative Purchasing Contracts that are available to Arizona Political
Sub-divisions. This contract pricing is substantially better than anything we can offer. Another advantage is
that your pricing is guaranteed for a much longer time frame, especially during the current inflationary
conditions now in the marketplace. Please see the Pricing Section for a sample of both NCPA & OMNIA
Partners pricing that Town of Fountain Hills qualifies for.
If you decide on this option, System4 of Phoenix will provide you with a monthly inventory of products
on hand and a recommended order for all products that are needed for the following month. These
purchases/inventories will be broken down by building and submitted to Procurement. You can then order
directly from WAXIE, using whichever Contract Authority you chose. The URL information for both the
NCPA contract and the OMNIA Partners contract with WAXIE are given on the Price Quote from WAXIE.
Products, Safety Data Sheets and Processes:
SYSTEM4 partners with Spartan Chemical Company, Inc. a recognized leader in the formulation
and manufacture of sustainable cleaning and sanitation solutions for the industrial and institutional
markets, as our primary supplier of cleaning products.
The list of products that will be used on a daily basis is shown on our SYSTEM4 Product Usage
Chart. Copies of these charts will be posted in the janitorial closet of each building in your
system, as well as a complete book of Safety Data Sheets. These charts and the Safety Data
Sheets for these products are provided in this proposal.
If it is necessary to bring in any additional cleaning product for a specialized use in one of your
buildings in the future, a Safety Data Sheet will be provided to TOWN OF FOUNTAIN HILLS
for re SYSTEM4 Facility Services Management view and approval and will then be added to
the SDS Book in that building.
Section 7.2.2. EXPERIENCE AND QUALIFICATIONS OF THE
VENDOR
System4 of Phoenix has been proud to be the Janitorial Contract Holder to the
Town of Fountain Hills for the last six years. We have been able to adjust our
service levels to Fountain Hills as your needs required, either in times of
growth or such as during the shut-downs caused by the COVID-19 Pandemic.
We are eager to continue to work with you to improve safety and heighten the
appearance of your buildings, while reducing costs, and assisting you to
support the needs of the citizens of Fountain Hills.
Please review these currently held contracts with a variety of businesses – all
of which are still in place and are all of a similar size or larger to the current
RFP.
PLEASE NOTE: System4 of Phoenix considers all of this information contained in our
References to be Confidential and we request that you withhold the details below from the
public record.
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COUNCIL: Contract 2022-039 Flying Squirrel
Enterprises, Inc. d/b/a System4 of Phoenix
Interim Agreement Report 2022-03-10
Created:2021-12-14
By:Robert Durham (rdurham@fountainhillsaz.gov)
Status:Out for Approval
Transaction ID:CBJCHBCAABAAbSp6RR-6ZkpWew2lhkVZUFC_cojqJG36
Agreement History
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will
be generated when the agreement is complete.
"COUNCIL: Contract 2022-039 Flying Squirrel Enterprises, Inc.
d/b/a System4 of Phoenix" History
Document created by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-14 - 8:35:47 PM GMT- IP address: 184.178.192.162
Document emailed to Susan Ricks (sricks@system4.com) for signature
2021-12-14 - 8:36:16 PM GMT
Email viewed by Susan Ricks (sricks@system4.com)
2021-12-14 - 8:36:34 PM GMT- IP address: 68.225.197.230
Document e-signed by Susan Ricks (sricks@system4.com)
Signature Date: 2021-12-14 - 8:37:12 PM GMT - Time Source: server- IP address: 68.225.197.230
Document emailed to Robert Durham (rdurham@fountainhillsaz.gov) for approval
2021-12-14 - 8:37:14 PM GMT
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-14 - 8:38:07 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-17 - 9:00:51 PM GMT- IP address: 193.36.225.119
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-23 - 9:27:46 PM GMT- IP address: 193.36.225.169
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-26 - 8:39:32 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2021-12-29 - 8:42:00 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-03 - 2:00:07 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-04 - 9:13:10 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-07 - 10:54:15 PM GMT- IP address: 192.109.205.4
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-10 - 8:38:33 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-13 - 8:51:27 PM GMT- IP address: 193.36.225.200
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-16 - 11:57:23 PM GMT- IP address: 192.109.205.191
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-19 - 8:39:09 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-23 - 3:59:20 AM GMT- IP address: 191.101.132.103
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-25 - 8:40:47 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-28 - 10:01:26 PM GMT- IP address: 191.101.132.108
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-01-31 - 8:38:23 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-02-03 - 11:04:00 PM GMT- IP address: 191.101.132.132
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-02-07 - 12:56:20 PM GMT- IP address: 191.101.132.124
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-02-09 - 8:39:02 PM GMT- IP address: 184.178.192.162
Email viewed by Robert Durham (rdurham@fountainhillsaz.gov)
2022-02-13 - 11:10:43 PM GMT- IP address: 154.6.18.110
PW 2022-003
REQUEST FOR PROPOSALS
JANITORIAL SERVICES TOWN-WIDE
The Town of Fountain Hills
Admin-Procurement
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RELEASE DATE: September 8, 2021
DEADLINE FOR QUESTIONS: September 30, 2021
RESPONSE DEADLINE: October 7, 2021, 5:00 pm
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
2
Town of Fountain Hills
REQUEST FOR PROPOSALS
Janitorial Services Town-wide
I. Introduction ..........................................................................................
II. Scope of Work ......................................................................................
III. RFP Submission Process ........................................................................
IV. Evaluation Criteria ................................................................................
V. Evaluation and Award Process ..............................................................
VI. Terms and Conditions ...........................................................................
VII. Vendor Questionnaire...........................................................................
Attachments:
A - Fountain Hills PSA Sample 8-12-2021
B - Scope of Work_Janitorial
C - Town Floor Plans 2021
D - MCSO Access
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
3
1. INTRODUCTION
In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral Interviews may
be conducted at the Town’s sole discretion.
The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary.
1.1. Summary
The Town of Fountain Hills (the “Town”) is issuing this Request For Proposals (this “RFP”) seeking
proposals (“Proposals”) from qualified, licensed firms (“Vendors”) interested in providing professional
services consisting of Janitorial Services (the “Services”), as more particularly described in the Scope of
Work . In accordance with the Town’s Procurement Code, the Town will accept sealed Proposals for the
Services specified in the Scope of Work.
1.2. Background
The Town of Fountain Hills overlooks the Verde River Valley and the east valley of the metro Phoenix
area on 13,006 acres of land. It is surrounded by the McDowell Mountains and Scottsdale on the west,
the Fort McDowell Yavapai Nation on the east, the Salt River Pima-Maricopa Indian Community on the
south, and by the McDowell Mountain Regional Park on the north.
The Work consists of cleaning services at the Town Hall/Sheriff's Office, Community Center, Library, and
Street Yard Office. The Town is issuing this RFP to secure a qualified Contractor to perform the Work as
more particularly described in the Scope of Work. Floor-plans for the locations are attached as
Attachment A; the Town requires approximately 58,000 sq. feet to be addressed in the scope. All
supplies will be provided by the Town.
1.3. Contact Information
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Email: rdurham@fh.az.gov
Phone: (480) 816-5128
Department:
Admin-Procurement
1.4. Timeline
Release Date September 8, 2021
Advertisement: Fountain Hills Times September 8th &15th
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
4
Advertisement: Arizona Business Gazette September 9th & 16th
Pre-Submittal Conference (Mandatory) September 23, 2021, 10:00am
Town of Fountain Hill Town Hall--Lobby
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Final Date and Time for Inquires September 30, 2021, 5:00pm
Proposal Due Date and Time October 7, 2021, 5:00pm
Bid Opening October 7, 2021,
5:00pmhttps://zoom.us/j/93291471711?pwd=SWl4
QWVqcFVNbktHYU9zZzVqNU5uQT09
Shortlist Announced for Oral Interviews/If
needed
October 11, 2021
Oral Interviews (if necessary) 10/14/2021
Target Town Council Award Date October 26, 2021
Anticipated Agreement Start Date October 27, 2021
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
5
2. SCOPE OF WORK
2.1. Scope of Work
Please view Attachment B for the Scope of Work
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
6
3. RFP SUBMISSION PROCESS
3.1. Preparation/Submission of Proposal
Vendors are invited to participate in the competitive selection process for the Services outlined in this
RFP. Responding parties shall review their Proposal submissions to ensure the following requirements
are met. The Town prefers electronic submission of bids and proposals. Please submit electronic
responses via the Town’s e-Procurement Portal, https://secure.procurenow.com/portal/fhaz. By way of
the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline
passes.
3.2. Irregular or Non-responsive Proposals
The Town shall consider as “irregular” or “non-responsive” and reject any Proposal not prepared and
submitted in accordance with this RFP, or any Proposal lacking sufficient information to enable the Town
to make a reasonable determination of compliance to the minimum qualifications. Unauthorized
conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed non-
responsive at any time during the evaluation process if, in the sole opinion of the Tow n Manager or
authorized designee, any of the following are true:
A. Vendor does not meet the minimum required skill, experience or requirements to perform or
provide the Services.
B. Vendor has a past record of failing to fully perform or fulfill contractual obligations.
C. Vendor cannot demonstrate financial stability.
D. Vendor’s Proposal contains false, inaccurate or misleading statements that, in the opinion of the
Town Manager or authorized designee, are intended to mislead the Town in its evaluation of the
Proposal.
3.3. Paper Submittal Quantities
The Town prefers electronic submission of bids and proposals via the Town’s e-Procurement Portal,
https://secure.procurenow.com/portal/fhaz.
For submittals other than the e-Procurement Portal, interested Vendors must submit one original and
four copies (five total submittals) of the Proposal. In addition, interested parties must submit one
original copy of the Proposal on a CD-ROM (or electronic media approved by the Town) in printable
Adobe or Microsoft Word format (or other format approved by the Town). Failure to adhere to the
submittal quantity criteria shall result in the Proposal being considered non-responsive.
3.4. Required Submittal
The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital
signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a
compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The
Proposal shall be a maximum of fifteen pages to address the Proposal criteria (excluding resumes and
the Vendor Information Form, but including the materials necessary to address project understanding,
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
7
general information, organizational chart, photos, tables, graphs, and diagrams). Each page side
(maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be
substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing a proposed project
schedule or organizational chart and only having information on one side. Cover, back, table of contents
and tabs may be used and shall not be included in the page count, unless they include additional
project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal
is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall result
in the Proposal being considered non-responsive.
Telegraphic (facsimile), electronic (e-mail) or mailgram Proposals will not be considered.
3.5. Vendor Responsibilities
All Vendors shall
(1) examine the entire RFP,
(2) seek clarification of any item or requirement that may not be clear,
(3) check all responses for accuracy before submitting a Proposal and
(4) submit the entire Proposal by the Proposal Due Date and Time.
Late Proposals will not be considered, and are not possible when responding through the City's e-
Procurement Portal. Negligence in preparing a Proposal shall not be good cause for withdrawal after the
Proposal Due Date and Time. Proposals may be received up to but not later than the Proposal Due Date
and time via the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/FHAZ.
The Town’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates
and times. Without exception, responses will not be accepted after the submission deadline
regardless of any technical difficulties such as poor internet connections or the City's e-Procurement
Portal not being accessible from your connected device. The Town strongly recommends completing
your response well ahead of the deadline.
3.6. Sealed Submittals
Sealed bids will be received through the Town’s e-Procurement Portal (preferred method) located at
https://secure.procurenow.com/portal/fhaz. If delivering a paper-based Proposal (non-preferred
option), paper submitted proposals shall be sealed and clearly marked with the RFP number and title,
Janitorial Services Town-wide, on the lower left hand corner of the mailing envelope. A return address
must also appear on the outside of the sealed paper Proposal. The Town is not responsible for the pre-
opening of, post-opening of, or the failure to open, any Proposals not properly addressed or identified.
3.7. Pricing
Pricing shall be inclusive of all of the Services as described in the section titled Scope of Work. A sample
Fee Proposal is attached to this solicitation. Please see Attachments.
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
8
3.8. Address
Sealed bids will be received for through the Town’s e-Procurement Portal located at
https://secure.procurenow.com/portal/fhaz If delivering a paper-based proposal, Proposals shall be
directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills,
Arizona 85268, or hand-delivered to the Town Clerk’s office by the Proposal Due Date and Time
indicated in the timeline of this RFP.
3.9. Amendment/Withdrawal of Proposal
At any time prior to the specified Proposal Due Date and Time, a Vendor (or designated representative)
may amend or withdraw its Proposal. Any erasures, interlineations, or other modifications in the
Proposal shall be initialed in original ink by the authorized person signing the Proposal. Facsimile,
electronic (e-mail) or mailgram Proposal amendments or withdrawals will not be considered. No
Proposal shall be altered, amended or withdrawn after the specified Proposal Due Date and Time.
3.10. Inquiries
Proposers shall submit all inquiries regarding this RFP via the City’s e-Procurement Portal, located at
https://secure.procurenow.com/portal/fhaz. Please note the deadline for submitting inquiries. All
answers to inquiries will be posted on the City’s e-Procurement Portal. Bidders may also click “Follow”
on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder
to check the website for answers to inquiries. All questions submitted and answers provided shall be
electronically distributed to proposers who follow this solicitation on the City’s e-Procurement Portal
3.11. Inquiries Answered
Verbal or telephone inquiries directed to Town staff will not be answered. Within two business days
following the Final Date for Inquiries listed in the timeline of this RFP, answers to all questions received
will be posted in the City's e-Procurement Portal, and e-mailed to all parties who follow the project. No
questions, submitted in any form, will be answered after the Final Date for Inquiries.
3.12. Pre-Submittal Conference
A Pre-Submittal Conference may be held. If scheduled, the date and time of this conference will be
indicated in the timeline of this RFP. This conference may be designated as mandatory or non-
mandatory in the timeline of this RFP. Additionally, if the Pre-Submittal Conference is designated as
mandatory, failure to attend shall render that Vendor’s Proposal non-responsive. Vendors are strongly
encouraged to attend those Pre-Submittal Conferences designated as non-mandatory. The purpose of
this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding of
the Town’s requirements. Any doubt as to the requirements of this RFP or any apparent omission or
discrepancy should be presented to the Town at this conference. The Town will then determine if any
action is necessary and may issue a written amendment or addendum to the RFP. Oral statements or
instructions will not constitute amendments or addenda to this RFP.
3.13. Addenda Notification
Proposers are required to register for an account via the City’s e-Procurement Portal hosted by
ProcureNow. Once proposer has completed registration, they will receive addenda notifications to their
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
9
email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to
periodically check the site for any addenda at https://secure.procurenow.com/portal/fhaz.
Any addendum issued as a result of any change in this RFP shall become part of the RFP and must be
acknowledged in the Proposal submittal. Failure to indicate receipt of the addendum shall result in the
Proposal being rejected as non-responsive. Any addendum issued by the Town with respect to this RFP
will be available at: https://secure.procurenow.com/portal/fhaz
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
10
4. EVALUATION CRITERIA
Proposal Format and Scoring
Proposals shall be organized and submitted in the format as outlined below. Failure to conform to the
designated format, standards and minimum requirements may result in a determination that the
Proposal is non-responsive. Additionally, the Selection Committee will evaluate and award points to
each Proposal based upon the evaluation criteria as outlined in this document. Points listed below are
the maximum number of points possible for each criteria; there is no minimum number that the
Selection Committee must award.
No. Evaluation Criteria Scoring Method Weight (Points)
1. Submission of all required documents Pass / Fail 1
(1% of Total)
2. Experience Points Based 33
(33% of Total)
3. References Points Based 23
(23% of Total)
4. Proposal--Pricing/Quality Assurance Plan Points Based 33
(33% of Total)
5. Resources available Points Based 10
(10% of Total)
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
11
5. EVALUATION AND AWARD PROCESS
5.1. Reference Checks
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.
5.2. Vendor Responsibility
The Town’s representative may conduct any investigation deemed necessary to determine the Vendor’s
ability to perform the project. Vendors may be requested to submit additional documentation within 72
hours (or as specified) to assist the Town in its evaluation.
5.3. Vendor Licensing and Registration
Prior to the award of the Agreement, the successful Vendor shall be registered with the Arizona
Corporation Commission and authorized to do business in Arizona. The Vendor shall provide licensure
information with the Proposal. Corporations and partnerships shall be able to provide a Certificate of
Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is
also required.
5.4. Selection
A Selection Committee composed of representatives from the Town will conduct the selection process
according to the schedule listed in the timeline of this RFP. Proposals shall be opened at the time and
place designated in the timeline of this RFP. The name of each Vendor and the identity of the RFP for
which the Proposal was submitted shall be publicly read and recorded in the presence of witnesses.
PRICES SHALL NOT BE READ. The Selection Committee shall award the agreement to the responsible and
responsive Vendor whose Proposal is determined, in writing, to be the most advantageous to the Town
and best meets the overall needs of the Town taking into consideration the evaluation criteria set forth
in this RFP. The amount of applicable transaction privilege or use tax of the Town shall not be a factor in
determining the most advantageous Proposal. After the Town has entered into an Agreement with the
successful Vendor, the successful Proposal and the scoring documentation shall be open for public
inspection.
5.5. Line Item Option
Unless the Proposal states otherwise, or unless otherwise provided within this RFP, the Town reserves
the right to award by individual line item, by group of line items, or as a total, whichever is deemed most
advantageous to the Town.
5.6. Multiple Award
The Town, at its sole discretion, may elect to enter into Agreements with multiple Vendors who are
qualified to provide the Services. The final terms and conditions of the proposed Agreement will be
negotiated by the Town with the successful offerors.
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
12
5.7. Form of Agreement
The selected Vendor will be required to execute the Town’s standard Professional Services Agreement in
a form acceptable to the Town Attorney. A sample of the standard agreement is included with this RFP.
If the Town is unsuccessful in negotiating an Agreement with the highest-scoring Vendor, the Town may
then negotiate with the second, then third, highest-scoring Vendor until an Agreement is executed.
Town Council approval may be required. The Town reserves the right to terminate the selection process
at any time.
5.8. Waiver; Rejection; Reissuance
Notwithstanding any other provision of this RFP, the Town expressly reserves the right to:
A. waive any immaterial defect or informality,
B. reject any or all Proposals or portions thereof and
C. cancel or reissue an RFP.
5.9. Protests
Any Vendor may protest this RFP, the proposed award of an Agreement, or the actual award of an
Agreement. All protests will be considered in accordance with the Town Procurement Code.
5.10. Evaluation Process
Each submittal will be reviewed for compliance with the Proposal requirements by the Selection
Committee. If necessary, the Selection Committee may conduct oral interviews with up to three of the
highest ranked Vendors based upon the Proposal submittal scoring.
5.11. Oral Interviews & Scoring
In the event that a Vendor cannot be selected based solely on the Proposals submitted, up to three
Vendors may be selected for oral interviews. The selected Vendors will be invited to participate in
discussions with the Selection Committee on the date indicated in the timeline of this RFP and awarded
points based upon the criteria as outlined below. Vendors may be given additional information for these
oral interviews. These discussions will relate less to the past experience and qualifications already
detailed in the Proposals and relate more to identification of the Vendor’s project approach and to an
appraisal of the people who would be directly involved in this Services for this RFP.
Oral Interview Criteria and Points (if deemed necessary)
• Experience and Qualifications of the Vendor: 20 points
• Key Positions: 40 points
• Project Approach: 40 points
Total Possible Points for Oral Interview: 100 points
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
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6. TERMS AND CONDITIONS
6.1. Pricing Errors
If price is a consideration and in case of error in the extension of prices in the Proposal, the unit price
shall govern. Periods of time, stated as number of days, shall be calendar days.
6.2. Proposal Irrevocable
In order to allow for an adequate evaluation, the Town requires the Proposal to be valid and irrevocable
for 90 days after the Proposal Due Date and Time indicated on the cover of this RFP.
6.3. Cost of Proposal Preparation
The Town does not reimburse the cost of developing, presenting or providing any response to this
solicitation. Proposals submitted for consideration should be prepared simply and economically,
providing adequate information in a straightforward and concise manner. The Vendor is responsible for
all costs incurred in responding to this RFP. All materials and documents submitted in response to this
RFP become the property of the Town and will not be returned.
6.4. Payment Requirements; Payment Discounts
Any Proposal that requires payment in less than 30 calendar days shall not be considered. Payment
discounts of 30 calendar days or less will not be deducted from the Proposal Price in determining the
low Proposal. The Town shall be entitled to take advantage of any payment discount offered, provided
payment is made within the discount period. Payment discounts shall be indicated on Price Sheet and/or
the electronic Cost Proposal.
6.5. Federal Excise Tax; Transaction Privilege Tax
The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction
privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a
lump sum payment item.
6.6. Public Record
All Proposals shall become the property of the Town and shall become a matter of public record
available for review, subsequent to the award notification, in accordance with the Town’s Procurement
Code.
6.7. Confidential Information
If a Vendor believes that a Proposal or protest contains information that should be withheld from the
public record, a statement advising the RFP Administrator of this fact shall accompany the submission
and the information shall be clearly identified. The information identified by the Vendor as confidential
shall not be disclosed until the Procurement Agent makes a written determination. The Procurement
Agent shall review the statement and information with the Town Attorney and shall determine in
writing whether the information shall be withheld. If the Town Attorney determines that it is proper to
disclose the information, the RFP Administrator shall inform the Vendor in writing of such
determination.
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
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6.8. No Collusion
By submitting a Proposal, the Vendor certifies the submission of the Proposal did not involve collusion
or other anti-competitive practices.
6.9. No Discrimination
By submitting a Proposal, the Vendor certifies it shall not discriminate against any employee or applicant
for employment in violation of Federal Executive Order 11246.
6.10. No Gratuity
By submitting a Proposal, the Vendor certifies it has not given, offered to give, nor intends to give at any
time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip
favor or service to a Town employee, officer or agent in connection with the submitted Proposal. 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 process by any means shall void the submitted Proposal and any
resulting Agreement.
6.11. Financial Stability
By submitting a Proposal, the Vendor certifies it is financially stable, solvent and has adequate cash
reserves to meet all financial obligations including any potential costs resulting from an award of the
Agreement.
6.12. No Signature/False or Misleading Statement
By submitting a Proposal, the Vendor certifies person submitting has the authority to legally bind the
Vendor. Failure in this regard shall void the submitted Proposal and any resulting Agreement.
6.13. Professional Services Agreement
By submitting a Proposal, the Vendor certifies 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.
6.14. Offer
A Proposal is an offer to contract with the Town based upon the terms, conditions and specifications
contained in this RFP and the Vendor’s responsive Proposal, unless any of the terms, conditions, or
specifications are modified by a written addendum or agreement amendment. Provided, however, that
no contractual relationship shall be established until the Vendor has signed, and the Town has
approved, a professional services agreement between the Town and the Vendor in the form acceptable
to the Town Attorney. A sample Professional Services Agreement is included herein.
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
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7. VENDOR QUESTIONNAIRE
The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital
signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a
compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The
entire Proposal shall be a maximum of fifteen pages to address the Proposal criteria (excluding resumes
and the Vendor Information Form, but including the materials necessary to address project
understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Each
page side (maximum 8 1/2” x 11”) with criteria information shall be counted. However, one page may be
substituted with an 11” x 17” sheet of paper, folded to 8 1/2” x 11”, showing a proposed project
schedule or organizational chart and only having information on one side. Cover, back, table of contents
and tabs may be used and shall not be included in the page count, unless they include additional
project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal
is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria shall result
in the Proposal being considered non-responsive.
Telegraphic (facsimile), electronic (e-mail) or mailgram Proposals will not be considered.
7.1. Certification
By confirming questions under this section, the Vendor certifies:
7.1.1. No Collusion*
The submission of the Proposal did not involve collusion or other anti-competitive practices.
☐ Please confirm
*Response required
7.1.2. No Discrimination*
It shall not discriminate against any employee or applicant for employment in violation of Federal
Executive Order 11246.
☐ Please confirm
*Response required
7.1.3. No Gratuity*
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee,
officer or agent in connection with the submitted Proposal. 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
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
16
for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the
selection process by any means shall void the submitted Proposal and any resulting Agreement.
☐ Please confirm
*Response required
7.1.4. Financial Stability*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including
any potential costs resulting from an award of the Agreement.
☐ Please confirm
*Response required
7.1.5. No Signature/False or Misleading Statement*
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.
☐ Please confirm
*Response required
7.1.6. Professional Services Agreement*
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.
☐ Please confirm
*Response required
7.1.7. Reference Checks*
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.
☐ Please confirm
*Response required
7.2. Vendor Proposal
7.2.1. General Information*
A. One page cover letter as described in the section titled "RFP Submission Process", the
subsection titled "Required Submittal".
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
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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.
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.
*Response required
7.2.2. Experience and Qualifications of the Vendor*
A. Provide a detailed description of the Vendor’s experience in providing similar services to
municipalities or other entities of a similar size to the Town, specifically relating experience with
respect to Janitorial Services Town-wide.
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.
*Response required
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
18
7.2.3. Key Positions*
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.
*Response required
7.2.4. Project Approach*
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.
*Response required
7.2.5. Pricing*
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) proposed 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.
☐ Please confirm
*Response required
7.2.6. Price sheet*
Request for Proposals #PW 2022-003
Title: Janitorial Services Town-wide
19
Please upload pricing here.
*Response required
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 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
most recent Legislative Bulletins will also be included 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 9
Bulletin - Issue 10
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 03/25/2022 09:21 AM
Form Started By: Elizabeth A. Klein Started On: 03/24/2022 11:11 AM
Final Approval Date: 03/25/2022
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.
AZ League Legislative Bulletin: Issue 9 – March 12, 2022
Legislative Update:
Today is day 62 of the legislative session. The Senate and the House have two
more weeks for committee hearings, except for the Appropriations committees,
which always have an extra week to consider measures. We can expect lengthier
committee agendas in the coming weeks. The good news is next week’s agendas
do not contain many bills with impacts on cities and towns.
Minimum Wage Preemption
HCR 2031 employee benefits; compensation; state preemption, sponsored by
Representative Regina Cobb (R-Kingman), would prevent municipalities from
regulating minimum wage or benefits within their jurisdiction. The League’s
executive committee has weighed in opposition to HCR2031 as it would preempt
existing voter-approved and voter-initiated minimum wage ordinances. Both
Flagstaff and Tucson have laws regulating minimum wage initiated and app roved
by the voters. HCR2031 would directly conflict with Prop 206, which granted
localities to set forth minimum wage and benefit requirements within their
jurisdictions. Another concern is that the broad language within HCR2031 could
also preempt the wage and benefits those cities, towns, and counties provide their
employees and, as such, needs an amendment to address this issue. The League
opposes HCR2031 for all the reasons listed above.
The bill was scheduled for a hearing in Senate Commerce this week but was held
from consideration as it lacked support to pass the committee. However, it could
come back for consideration in the Commerce Committee in the next few weeks.
Fireworks Legislation
A League resolution to give communities a practical tool to address the use of
fireworks in the late hours of the night has passed both chambers. SB 1275
fireworks; use; overnight hours; prohibition received bipartisan support from the
legislature, passing the Senate 23-6 and the House 36-21. The cities of Mesa and
Glendale proposed the resolution through the League’s policy committee process.
We appreciate the bipartisan sponsorship and efforts by Senator J.D. Mesnard
(R-Chandler) and Representative Amish Shah (D-Phoenix) in helping support this
important bill through the legislative process.
Election Bills
In this session, 139 proposed changes to voting or elections have been
introduced. While this figure is similar to the number of election -related measures
introduced in 2021, it is double or nearly triple the number of election -related
measures introduced in a typical year. In the past ten years, on average, there
are 62 election related measures introduced each session.
Some lawmakers have expressed support for a special session on elections and
voting to reconcile the various conflicting measures that h ave been introduced to
this session. Below are a few election bills of note:
SB 1133 schools; cities; all mail prohibited would have prohibited cities, towns,
and school districts from conducting all-mail elections. The League opposed the
measure because approximately 40 cities and towns conduct all-mail elections for
several issues such as approval of general plans, bonds, franchises, expenditure
limitations, and candidates. The bill was double-assigned to the Senate
Government and Education committees. While the bill passed the Senate
Government committee on a party-line vote, SB 1133 was not considered in the
Education committee and ultimately did not move forward in the process.
HB 2596 elections; revisions; mail-in; identification; tabulation makes vast
changes to election laws including repealing early voting and requiring voting to
occur on election day only. Additionally, the measure would require ballots be
counted by hand within 24 hours of polls closing. The measure was assigned to
various House committees and will ultimately not move forward.
SB 1056 misplaced ballots; invalidity; misdemeanor; damages declares any ballot
that is misplaced and not included in the initial tally at a polling place, including
provisional and early ballots at a counting center invalid. The measure makes
misplacing a ballot a class 2 misdemeanor. This bill could have the unintended
consequence of deterring individuals from working or volunteering at polling
locations because of the Class 2 misdemeanor penalty. Under the measure, cities
can become liable for the actions of another under this bill and potentially face
lawsuits. In that case, it will deter cities from utilizing drop boxes or allowing their
public buildings to be used as polling locations. The measure currently awaits
Third Read in the Senate.
SB 1571 ballot drop boxes; surveillance; appropriation prohibits voted early
ballots from being returned by mail and instead requires ballots to be returned by
hand delivery. The measure outlines requirements for ballot drop boxes used in
the state including:
Only accepting one ballot at a time and logging the receipt of the ballot;
Generating a receipt that specifies the number of ballots accepted from one
person; and
Records or takes a photo of a person depositing early ballots.
The measure raises concerns for election officials, as drop boxes that meet the
requirements under the bill do not yet exist. The measure also raises concerns
about its impact on rural communities where a drop box with 24/7 video
surveillance is not feasible. SB 1571 includes an unspecified appropriation to the
Secretary of State’s office for procurement of the drop boxes. The measure has
passed two Senate committees with party-line votes and awaits consideration in
Committee of the Whole.
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
AZ League Legislative Bulletin: Issue 10 – March 18, 2022
Legislative Update:
Today is the 68th day of the legislative session. Next week’s agendas are lengthier as it
is the last opportunity to consider bills in committee. Bills that do not pass committee in
the opposite chamber will ultimately not move forward. Lawmakers are scrambling to
ensure measures clear this hurdle.
There were speculations of a special session on tax cuts earlier in the week. While t he
Legislature could call themselves into special session, one to enact a repeal and replace
the previous year’s tax cuts would require the Governor to issue the call as lawmakers
are unlikely to reach the vote threshold needed to call themselves into special session.
Another matter on the table is an issue related to precinct committeemen (PC) elections.
HB 2839, an emergency measure that was fast-tracked a few weeks ago to bring clarity
to the number of signatures required for candidate nominations, passed unanimously and
has already been signed into law. The measure included provisions that would
temporarily eliminate elections for precinct committeemen due to the delay and
complications from the census. Republican PCs are asking lawmakers to undo the
changes made in HB 2839 and restore local PC elections. Undoing the law, however,
would require a two-thirds vote from each chamber for the bill to become effective
immediately. There is speculation that lawmakers will consider this issue as a topic to
address during a special session, among other topics including water and elections
issues.
Lobbying Prohibition
SB 1166 public employers; union contracts was considered in House Commerce on
Tuesday. As passed by the Senate, the measure included provisions that could have
prohibited cities and towns from hiring representation to advocate for their community’s
interests with their state and federal elected leaders. The bill would have also prevented
organizations like the League from advocating on behalf of municipal interests. SB 1166
was amended to address our concerns and we thank the sponsor of the bill, Senator
Vince Leach (R-Tucson) for working with us.
Heritage Fund
SB 1270 state parks; lottery; heritage fund sponsored by Senator T.J. Shope (R-
Coolidge) annually appropriates $3 million from the State Lottery Fund to the Heritage
Fund and includes a $1 million appropriation in FY23 and a $2 million appropriation in FY
24. The Arizona State Parks Board administers grants which benefit local trail projects
and outdoor environmental education programs. Monies in the Heritage Fund must be
used for restoration, development, or historic preservation of local, regional, or state
parks. Funding for this program was eliminated during the Great Recession. In 2019, the
Legislature restored the fund with a $10 million allocation consisting of general fund
dollars and federal funding. SB 1270 makes a significant change to the lottery fund
distribution formula by adding the Heritage Fund back into the series of distributions,
consistently funding the fund. The bill has received bipartisan support, passing
committees in both the House and Senate, and is currently pending a hearing in the
House Rules committee. The League is supportive of the bill.
Minimum Wage Preemption
HCR 2031 employee benefits; compensation; state preemption, sponsored by
Representative Regina Cobb (R-Kingman), will be heard in the Senate Commerce
committee next week. The measure was on a previous agenda but was ultimately held
and only considered an item for discussion.
The League is opposed to the referral because, if passed, it would prevent municipalities
from regulating minimum wage or benefits within their jurisdictions. HCR 2031 is also in
direct conflict with Prop 206 and voter-approved minimum wage ordinances in Flagstaff
and Tucson.
The League continues to oppose HCR2031 due to the conflicts with Prop 206 (2016),
local voter-approved measures, and its infringement on municipalities’ authority to decide
wages and benefits for their employees.
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