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HomeMy WebLinkAbout2022.0503.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, MAY 3, 2022 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE : Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.         NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: Declaring May 9 - 13, 2022, as Economic Development Week.    5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Update regarding Independence Day activities.    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 April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 2022.     B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-22 approving the Public Art Master Plan Revisions.        Town Council Regular Meeting of May 3, 2022 2 of 4 C.CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-23 Decommissioning and Removing Town-Owned Artwork " Man in the Moon" from Public Display in Fountain Park.     D.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Special Revenue Fund, Tourism Fund, and Capital Project Fund.     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2022-18 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2022, and ending June 30, 2023.     B.CONSIDERATION AND POSSIBLE ACTION: Ordinance 22-01, amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of family and community residence, the regulations for community residences, and provide the zoning districts where community residences are permitted.     C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-11 approving an intergovernmental agreement with Maricopa County Animal Care and Control.     D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-014 approving Amendment One to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam-Debris Mitigation Improvement Project.     E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place.     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      Town Council Regular Meeting of May 3, 2022 3 of 4 Town Council Regular Meeting of May 3, 2022 4 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. Dat this O�(� day of 1.\ ,2022. Elizabeth A. lein, 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. ITEM 4. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Declaring May 9 - 13, 2022, as Economic Development Week. Staff Summary (Background) Mayor Dickey will be proclaiming May 9 - 13, 2022, as Economic Development Week.      Attachments Proclamation - Economic Development Week 2022  Form Review Inbox Reviewed By Date Finance Director David Pock 03/24/2022 07:39 AM 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: Angela Padgett-Espiritu Started On: 03/23/2022 11:11 AM Final Approval Date: 03/25/2022  ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 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 April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Special Meeting of April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 2022. Attachments 2022.0405.TCSMES.Minutes  2022.0405.TCRM.Minutes  2022.0412.TCSMES.Minutes  Form Review Form Started By: Elizabeth A. Klein Started On: 04/25/2022 09:55 AM Final Approval Date: 04/25/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 5, 2022                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of April 5, 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; Town Clerk Elizabeth A. Klein  3.RECESS INTO EXECUTIVE SESSION    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Mike Scharnow to recess into Executive Session.   Vote: 7 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 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.Sober Living Home Ordinance   ii.Dark Sky Discovery Center                  5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 5:45 p.m., at which time the Special Meeting of April 5, 2022, adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor                ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk       Town Council Special Meeting of April 5, 2022 2 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 5, 2022 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held April 5, 2022, to order at 5:52 p.m. and led the Town 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 Councilmember McMahon reported that she attended the Grand Opening of the River of Time Museum. She volunteered at the Dark Sky Festival at Fountain Hills Day. She attended the Music Fest which was fun, and also attended the concert of the Fountain Hills Choir. Attended the MAG Economic Development Committee meeting today and there are a lot of new things that will be happening at the airport this June. She said that she wanted to remind everyone of the upcoming Fountain Hills Cares event this month, which will be on April 21, 2022, at 6:30 p.m. with an educational session on Alzheimer and how we think about dementia. Vice Mayor Friedel said that he also attended everything that Councilmember McMahon attended, and he added that they had a lot of great applicants for the Planning and Zoning Commission. Councilmember Scharnow said that their interviews will be this coming Thursday. On March 24 he attended a board meeting for Valley Metro and Scott Smith, CEO, gave an emotional farewell. They have hired Jessica Mefford Miller, who ran the transit system in St. Louis. Ridership is creeping back up on rail and buses. Also, he attended many of the things on 26th, as well. On the 23rd, he attended the Community Foundation check presentation on behalf of the Coalition. They had 20+ groups that received grants. On the 27th there was a fundraiser for the Museum at Harley Davidson so he attended that. Councilmember Magazine agreed that they had some very good candidates for Planning and Zoning. He said it was not long ago that they were beating the bushes trying to find applicants, and now they are receiving some great applications, for which he thanked the public. Councilmember Grzybowski said that she attended a couple of Legislative Update calls with the League, and she attended the Board of Directors meeting of Greater Phoenix Economic Council (GPEC). She attended the Chamber's quarterly breakfast where Patrick Sweeney gave an update on the school district. She toured the Maricopa County Assessor's Office. Saturday, the 26th, was a huge day for events. He hung out with Councilmember Scharnow at Harley Davidson for the Museum fundraiser. She also had the opportunity to sit down with the new Economic Development Director, Amanda. She dittoed that they had great applicants for Planning and Zoning. This last weekend she attended the Golden Rule Day celebration on the lawn of the State Capitol. Mayor Dickey reported that the 26th was a wonderful day. One of their Sister Cities, Kasterlee, Belgium, notified the Town that their former Mayor, Walter Otten, passed away, so she asked that the Town's flag be flown at half-staff. They had their Capital Improvement Planning Work Session which is available on video. They met with the Canadian-Arizona Business Council, did Earth Day videos, Rock the Museum with Councilmembers Scharnow and Grzybowski. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A.PRESENTATION: Update by Fountain Hills Coalition Councilmember Mike Scharnow, representing the Fountain Hills Coalition, gave a PowerPoint presentation which addressed: FOUNTAIN HILLS COALITION MISSION STATEMENT - PROTECT OUR YOUTH ORGANIZATION COLLABORATION ACROSS SECTORS CONTINUUM OF CARE MAIN GOALS -- ENGAGEMENT AND OUTREACH GENERAL EXAMPLES FUNDING HOW WE OBTAIN INFORMATION ALCOHOL AND SUBSTANCE ABUSE RANKED AS THE #1 PUBLIC HEALTH ISSUE IN FOUNTAIN HILLS PAST 30 DAY DRUG USE OVER TIME - ALL STUDENTS FH REPORTED TEEN DRUG USE OVER TIME MAJOR FOCUS IN 2022 AND BEYOND NEARLY 200 PEOPLE DIE EVERY DAY IN THE US FROM DRUG OVERDOSES SCHOOL INITATIVES - PAST & PRESENT INCREASE RESOURCES WEBINAR SAFE HOMES NETWORK OF FOUNTAIN HILLS FENTANYL IS HERE... MOST COMMON FORM OF ILLEGAL FENTANYL Town Council Regular Meeting of April 5, 2022 2 of 12 DON'T BE FAKED OUT WHY IS THIS OCCURRING? MONITOR SOCIAL MEDIA KNOW SIGNS OF OVERDOSE SOLUTIONS ARE AVAILABLE NALOXONE SAVES & CHANGES LIVES IT'S ALL ABOUT COLLABORATION Mayor Dickey thanked Councilmember Scharnow for his presentation. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. The following individuals addressed the Town Council: Jane Bell, Fountain Hills, said she appreciated the Council's time and everything they have put into it. A special thanks to John Kavanagh who helped them with attorneys, and thanks to Larry Meyers, Laura Shearer and Lori Troller. She asked the Council to not be afraid to make a decision. Ed Stizza, Fountain Hills, thanked the MCSO staff for their professionalism at his job site. He said that over the past few years he has watched management fail on several issues including dark skies, continued density, and quality of life. He said that they need to be accountable. 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron Grzybowski to approve Consent Agenda items 7-A and 7-B. Vote: 7 - 0 Passed - Unanimously 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. Town Council Regular Meeting of April 5, 2022 3 of 12 8. REGULAR AGENDA 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. Mayor Dickey opened the Public Hearing. Development Services Director John Wesley gave a brief review which addressed: BACKGROUND Planning and Zoning Commission began studying the topics of Group Homes and Detx/Treatment Centers in November 2021 Discussed ideas, issues, concerns and options at 2 meetings Received public comments in January 2022 Reviewed and discussed group home ordinance options in February 2022 Held public hearing, received input, and made recommendations on group home ordinance at March 2022 meeting Will be following up with review and recommendations regarding Detox/Treatment Centers Group Homes for the Handicapped and Elderly Care have been a permitted use in single-family and multifamily districts since 1993 Current ordinance Allows up to 10 individuals, excluding staff Requires a minimum separation of 1,200' Requires local registration Includes inspection for compliance with life-safety codes Zoning codes allow one family per dwelling in single-family and multifamily zoning districts Codes typically define families as any number of people related by blood or marriage or a defined number of unrelated individuals (usually 4-6) Group homes for the handicapped are allowed as an exception to this standard to meet the needs of handicapped individuals to have the same access to housing in a community supportive manner Rules define the limits and requirements of the exception; need to have legitimate government purpose and be the least restrictions needed to accomplish the purpose Rules for group homes apply equally to all group homes Assisted living for seniors Developmentally disabled individuals Sober living homes Physically disabled individuals Group homes are residences for the individuals living there. Not treatment facilities Similar to any family home RECOMMENDED ORDINANCE March 14 P&Z voted to recommend Ordinance #22-01 for approval Several items added/modified at meeting Staff did not have the opportunity for evaluation or comment on several of these Town Council Regular Meeting of April 5, 2022 4 of 12 modifications; it may be beneficial to consider a few changes to what was recommended The following individuals addressed the Council: • Bob Strasser • Cindy Strasser • Natalie Marston Salem, owner of Mental Health, Fountain Hills Recovery • Allen Skillicorn • Larry Meyers • Lori Troller • Andy Bennett • Laurie Scherer • John Meredith • Liz Gildersleeve • Hannah Toth • Crystal Cavanaugh • John Kavanagh • Jane Bell Written comments in support of the Planning and Zoning Commission's recommended ordinance included: • Roxann Turner • Christine McGinn • Jim and Linda Brader • Alan Grosso • Gary Hoger • Randy and Wendy Klocke • Jennifer Joines • Thomas Maffei Comments included: • Planning and Zoning did a marvelous job researching this issue and came up with excellent recommendations. • He understands that the Council have made modifications to what the Commission came up with. • Purpose of Planning and Zoning is to find out what the residents are interested in and get a feel for how the Town should be headed. • Many citizens that had voiced their opinions did research. • Not speaking as a facility owner, but rather a daughter who lost her father to addiction. • The disease of addiction does not discriminate; it affects all of us. • She is concerned as a citizen of Fountain Hills; she has a few neighbors selling their homes. • In so many instances, it seems that the Council has gone against specific recommendations or for it, and not enforced it. • Mental health and substance abuse are diseases, no different than cancer that needs treatment. • Sober homes are a positive addition to their treatment. • Thanked the Planning and Zoning Commission for putting together a thoughtful ordinance, that had been researched, and court-tested. • In reading packet, was shocked to see changes made to the ordinance from what the Commission proposed. Town Council Regular Meeting of April 5, 2022 5 of 12 • Majority of this Town supports what the Commission did. • Why is this issue different than short-term rentals? • If we are going to say we want to regulate short-term rentals, why not do reasonable regulations on sober homes. • This is an issue of residents and special interests. • He attended some of the Planning and Zoning Commission meetings. Has worked in the industry for a long time in risk management and compliance. • What he sees with these ordinances is an interesting solution to a problem that does not exist; it has not been escalating quickly • There is not a problem here; it is not a crime. • It is hard to hear the amount of misinformation spread around by people who are well-intended. • Looking through the ordinance he sees a protected class; they are trying to tighten the screws on a protected class. • Statistics point that addiction is a massive problem; Fountain Hills is not spared that. • She is a resident of Fountain Hills and she and her husband are both professionals. None of them lack compassion. She is a hospice nurse, and they have a family member who is heroin addict. • There is something to be said to hide behind sober home. They do not need a RN to be on staff, and they do not need medications to be administered by clinicians. • She showed items that have been picked up in front of homes; they know. • He lived next to a recovery center for two years • It is a failed federal system; it would not exist without a government pushing it. It is not a reason business • Would love to see councilmembers debate Peter Gray. • Asking the Council to vote for the Planning and Zoning Commission recommended ordinance; they are here to demand it. • The P&Z proposed ordinance is reasonable and supported by legal precedent. • Gilbert allows only five people in a sober home. Why would Town staff allow ten. • Each councilmember has been elected as representatives of the people. Mr. Wesley said that the ordinance, as approved by the Planning and Zoning Commission, has not been changed. In the staff report are considerations for the Council, improvements made to address the topic COMMUNITY RESIDENCE DEFINITION The following considerations were discussed, and the Town Council agreed to leave them in: 7. STANDARDS - BUSINESS LICENSE, IF APPLICABLE 10. DELAYED SUBMITTAL OF APPLICATION REQUIREMENTS 13. RE-REGISTRATION ITEMS 4. FAMILY 11. DISTRIBUTION OF MEDICATION 6. PERSONS PER BEDROOM Councilmember McMahon asked if staff currently looks at the configuration of rooms when looking at the number of occupants. Mr. Wesley said that today they have not looked at that as specifically as they will in the future. After brief discussion, the Council agreed to leave it at two occupants per bedroom. Town Council Regular Meeting of April 5, 2022 6 of 12 16. COUNTY TAX STATUS Mr. Wesley said that staff had concerns such as 1) what is the evidence? 2) how long does it take? 3) what is the real benefit? He said that they do not see an issue if Council wants to keep it. Council agreed to keep it in the ordinance. 9. LIABILITY INSURANCE Councilmember Magazine asked Mr. Arnson if we saw this as legally problematic. Mr. Arnson said that he was not necessarily sure. There is nothing that provides the Town with the authority to impose this requirement. He said it is not typically something seen in other jurisdictions. He said there is one situation where the Council would require some additional proof, when someone is doing business for the Town as a vendor. Mayor Dickey noted that the Town never requires homeowners or other business owners to show liability insurance. Councilmember Grzybowski said that she feels that if they pinpoint one business type and require something not required of others, they are putting themselves into a liability position for bias. Councilmember Magazine said that he appreciated everyone coming, but he hears people saying, "go to court." It would be improper for them to include something in an ordinance that will land them in court. Councilmember Spelich said that he would like to see more research done on this issue. He would like to see what other communities have done. Councilmember Friedel said that he was wondering if this was something they should be discussing in a different forum. Mr. Arnson said that is a sound suggestion. Whatever they do or do not find, they can let the public know, but recommendations would come in a different format. Mayor Dickey said that they have to look at the benefit versus the risk. Councilmember Grzybowski said that they should make sure it is an Arizona city or town. They have heard of precedence on the east coast. Mr. Arnson said that both parties that spoke about Gilbert's ordinance are right. The requirement is five, unless it is a facility licensed by the state, then it is 1200 feet. 15. PENALTY Mr. Wesley said that staff would like to target this section back to the Town Code penalty that is already established. The Council agreed. 8. UNANNOUNCED INSPECTIONS Brief discussion was held on this. Mr. Arson said that the Council has received his legal advice. He agreed that it does present concerns. Staff was requested to research this issue further. 2. FAMILY COMMUNITY RESIDENCE SIZE Mr. Wesley said that as they have looked around, there are a lot of communities with ten, so the recommended number gives them some concern. Councilmember Spelich said that he vehemently opposes any change to the P&Z recommended number. He would like to keep this at 8, including resident staff. He does not want to put the Town in jeopardy of a lawsuit, but he personally will not budge on the number. It is a fair number Town Council Regular Meeting of April 5, 2022 7 of 12 and has been researched. He thought it would stand a challenge. Mayor Dickey asked what the ramifications would be on senior living facilities in Town with changes to this number. Mr. Wesley said that there are 10 licensed senior living centers. He would need to research this further to see if they would be grandfathered. Councilmember Magazine asked that staff also research what would happen if they were grandfathered, and someone leaves. Councilmember Scharnow said that he hs not as confident in the P&Z recommendation, based on advice the Council has been given. Staff is there to protect them based on experience. Comments made that all this is reasonable and defensible is not what they are hearing. He has to go along with staff on this. He felt they would be negligent in their duty and not being good stewards of the Town's money. He thought they were doing what they need to do. Not everyone is going to agree, but they need to rely on staff and the Town's attorneys. Mayor Dickey said that they have to take all of this into account. There are 24,000 residents. She understood that everyone has strong feelings about this; others have different opinions. They need to consider all of that. Councilmember Magazine asked if they were challenged on two or three parts of the ordinance, if there was a risk of the whole thing being thrown out. Mr. Arnson said that his best answer is, "it depends." It depends on the nature of the action. If it is found that it could be separated without defeating the purpose, the court would sever it. It would depend on which part was challenged. 3. TRANSITIONAL RESIDENCE DEFINITION Mr. Arnson said that if they are going to explore the issues further, he would suggest they research this part as well. 5. SPACING BETWEEN COMMUNITY RESIDENCES Councilmember Magazine asked if there are any other jurisdictions that have a 2400 foot limit. Mr. Arnson said that of all the several that staff reviewed, he did not see one. Councilmember Scharnow said that the current ordinance is 1200 feet. They have been accused of having loose regulations and needing to tighten these up. If these have been on the book since 1993 and they have a total of 14, he does not see a proliferation, and he does not see the need to go to 2460. Councilmember Spelich said that he is not stuck on the half mile, but definitely thinks 1200 feet is not enough. The topography of Fountain Hills is different; it is not flat. They have hills, canyons and washes, and when they come up with this number they have to take that into consideration. Mayor Dickey said that there is a law about this. One of the things they talk about is that with any rules on spacing, they have to do certain things for reasonable accommodation. Vice Mayor Friedel said that he thinks that 1200 is not enough. It could be 2000 or 1800; there are ways of doing this. There is a compromise. Mayor Dickey suggested that they look at something like Carefree or Cave Creek where Town Council Regular Meeting of April 5, 2022 8 of 12 their terrain is similar. It would be better to know for sure if it has passed some place. Mr. Arnson said that the strategy is to make sure that it is a good number with a rational basis. 14. WAIVER OF REASPONABLE ACCOMMODATION Councilmember McMahon said that a three-person review is smart. The Board of Adjustment would be a good addition as they are not part of Planning and Zoning. She said that there are things that have to be proven for the appeal to be approved. Mr. Arnson said that they do not have enough to make a decision tonight. They were in executive session a long time and did not get to this. In his view, there are positives and negatives. It might as well be done in a methodical way. Councilmember Spelich said that any applicant that wants to challenge any provision must first apply for a waiver before seeking court remedies. Mr. Arnson said that typically an applicant would exhaust their efforts. If there is a procedure available to someone, it could remedy the concerns. Mayor Dickey suggested that they continue the public hearing to a specific date. Mr. Arnson said that there are a few heavy issues and they have packed agendas. He suggested that they continue it to the May 3, 2022, meeting. MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy McMahon to continue the public hearing to the May 3, 2022, meeting. Vote: 7 - 0 Passed - Unanimously Councilmember Magazine said that he was troubled by people coming before them and telling them they have to rubber stamp what Planning and Zoning Commission recommended. He said that they have a lot of commissions. They respect their judgment and listen to them, but they are elected by the people and they have to make independent decisions. He said that they were supporting a lot of what the Commission recommended. B.CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and Construction, Inc. Public Works Director Justin Weldy said that this was an ongoing long-term agreement they have had with M.R. Tanner. They are crack filling on the northeast section of Town, saw cutting and removing some areas. This amendment is necessary to get over the hump to the end of the year. The remaining balance will be used primarily for paving of Four Peaks Park using the Reserve Funding and Capital Reserve. MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron Grzybowski 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. Town Council Regular Meeting of April 5, 2022 9 of 12 Vote: 7 - 0 Passed - Unanimously 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 Mr. Weldy said that during the time that Council first considered and approved this, staff was able to apply for additional funding to reduce their costs. There is a $2 million grant for sidewalk infill from Kiwanis to Fountain Hills Boulevard and Palisades from Saguaro to Fountain Hills Boulevard. They have asked this firm to come back before Council when they get to 30% and show the locations and segments. Mayor Dickey said that this is a very big accomplishment and she appreciated what he and others did. MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2022-14. Vote: 7 - 0 Passed - Unanimously D.CONSIDERATION AND POSSIBLE ACTION: Approval on Amendment No.1 to Cooperative Purchasing Agreement C2022-013 with Brown & Associates Certified Inspection, Services, INC Mr. Weldy said that over the past few years they have been using their services for plan review. After a long and exhausting search, the Town hired an assistant engineer. Development Services has been using this firm for building inspections. There is funding in the budget for plan review. MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember David Spelich 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. Vote: 7 - 0 Passed - Unanimously E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-039 with Systems 4 for Town Janitorial Services. Mr. Weldy said that this was advertised for bids and they did receive some solicitations. There were changes in scope, and in the interim they had issued some temporary purchase orders for Town Hall, Community Center and street yard. Councilmember Spelich asked if this was a local company. Mr. Weldy said that it was not. If there is a local company, they did not submit a bid. Mr. Miller said that staff has reached out to the business community and did not get a very good response. Town Council Regular Meeting of April 5, 2022 10 of 12 Mr. Weldy said that they are facing challenges with capital projects. They have also contacted local and nonlocals directly, and have not done well. He is nervous about a few capital projects that may not be completed. MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron Grzybowski 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. 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 the short-term rental bill seems to have stalled. The gun bill passed the Senate on the 7th. Mr. Miller said that he would look into Prop 400 and report back. He noted that the lobbyist bill failed. the car tax exemption passed and was signed. He said that will be a hit to the Town. The condo termination bill stalled and the anti-Wayfair failed. 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 April 5, 2022, adjourned at 8:49 p.m. Town Council Regular Meeting of April 5, 2022 11 of 12 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 5th day of April, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of May, 2022. _________________________________ Elizabeth A. Klein, Town Clerk Town Council Regular Meeting of April 5, 2022 12 of 12 MINUTES OF THE SPECIALMEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 12, 2022 1. CALL TO ORDER – Mayor Dickey Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held April 12, 2022, to order at 4:31 p.m. Councilmember Magazine joined the discussion at 4:56 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; Town Clerk Elizabeth A. Klein 3.RECESS INTO EXECUTIVE SESSION MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron Grzybowski to recess into Executive Session. Vote: 7 - 0 Passed - Unanimously 4.EXECUTIVE SESSION The Fountain Hills Town Council recessed into Executive Session at 4:31 p.m. A.*Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting; and discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. 38-431.(A)(1) and (3), respectively. i.*Ethics Complaint Investigation Report. 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 Development Agreement and Site Plan 5.ADJOURNMENT The Fountain Hills Town Council reconvened into Open Session at 5:42 p.m., at which time the Special Meeting of April 12, 2022, adjourned. TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Klein, Town Clerk Town Council Special Meeting of April 12, 2022 2 of 2 ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-22 approving the Public Art Master Plan Revisions. Staff Summary (Background) The Town of Fountain Hills Public Art Master Plan was approved by Town Council on March 3, 2020.   The Public Art Committee has requested the following changes that have gone through legal review.  Proposed changes to the art donation policy & application: The policy currently reads: Applicants choosing to purchase art are required to submit a Donation Application and comply with the Art Acquisition Criteria. The art contribution should be approved by Town staff and Public Art Committee as being in compliance with the ordinance. Proposed change: Applicants choosing to purchase a piece of art are required to submit a Donation Application and comply with the Art Acquisition Criteria. Applicants choosing to purchase art are required to choose from the approved sculptures provided from the Public Art Committee or work under the guidance of the Public Art Committee for an artist selection. The art contribution should be approved by Town staff and Public Art Committee as being in compliance with the ordinance. (CURRENT) Donation form currently reads: (Please check one):              Donation of artwork to be commissioned _____          Donation of existing artwork______              Donation for Development Percent for Public Art (Please go to Percent for Development Option)______   PROPOSED CHANGE: (Please check one):              Donation of artwork to be commissioned under the guidance of the Public Art Committee                   Donation of existing artwork as approved by the Public Art Committee              Donation for Development Percent for Public Art (Please go to Percent for Development Option)   Consider Adding this statement to the policy and application: Cost per square foot shall be taken from the most recent publication of the International Conference of Building Officials.  The derivation of the estimate and the date of the ICBO publication shall be noted on the submittal.   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Public Art Committee recommends the approval of the revisions made to the Town of Fountain Hills Public Art Master Plan. Staff Recommendation(s) Staff recommends approving the Public Art Master Plan Revisions. SUGGESTED MOTION MOVE to Adopt Resolution 2022-22 approving the Public Art Master Plan Revisions. Attachments Public Art Master Plan Revisions  Resolution 2022-22 Public Art Master Plan Revisions  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/19/2022 12:21 PM Finance Director David Pock 04/20/2022 10:43 AM Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 10:16 AM Community Services Director Rachael Goodwin 04/25/2022 10:22 AM Finance Director David Pock 04/25/2022 10:33 AM Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 11:31 AM Community Services Director Rachael Goodwin 04/25/2022 11:55 AM Finance Director David Pock 04/25/2022 01:37 PM Town Attorney Aaron D. Arnson 04/25/2022 02:44 PM Town Manager Grady E. Miller 04/25/2022 05:35 PM Form Started By: Patti Lopuszanski Started On: 04/05/2022 05:10 PM Final Approval Date: 04/25/2022  Town of Fountain Hills Public Art Master Plan Revised 05.2022 I. INTRODUCTION & BACKGROUND History of Public Art Public art has long played an important role in expressing the identity of a culture. In many cases, public art is the legacy by which we remember an ancient culture. Public art has been a part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th century that comprehensive public art programs emerged. After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted “percent for art” ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture in unrelated spaces into the broader understanding that art may take various forms, including being routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami, and others, artists working in the public realm became more involved in the design of public spaces by working closely with architects, landscape architects, and engineers. The result was the use of art to shape a new public space, not just to enhance an existing one. In Seattle, Phoenix, and Scottsdale, the art went one step further; it has become an integral part of civic infrastructure including, bridges, waste treatment plants, freeways, parks, sports complexes, and other projects. Funding for contemporary public art has come in large part from three sources: (i) “percent for art” ordinances, (ii) funding through local, state, and federal grant programs, and (iii) corporate sponsorships and private donations from individuals and foundations. History of Art in Fountain Hills In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic Association (the “Civic Association”) commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50 citizens participated in either the open forum or in the surveys collected. The community’s strengths and challenges were discussed, and four key issues were identified: The need for a cultural center facility with performance, gallery, and meeting space. A need for an arts council to provide leadership for cultural growth. A need to involve the arts in community design and planning. A need for youth services including after-school and summer programs. Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized. The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March 1995. 2 3 On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to administer its public art program. On November 20, 2003, the Town Council adopted Resolution No. 2003-70 confirming this appointment and adopting an official Master Plan for the acquisition of public art. Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art acquisition. On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”). Section 19.05(I) of the Design Guidelines established the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects (the “Public Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to or greater than 1% of the cost of building construction and associated site work and signage of a new or redeveloped commercial, industrial, or large multi-family residential construction project or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. The funds raised through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art Fund Development Guidelines were adopted by the Town Council in January 2007 to set forth the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is the fund held by the Town for the purchase or installation of public art (the “Fountain Hills Public Art Fund”). 4 II. PUBLIC ART PROGRAM GENERAL STANDARDS Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating cultural environment that enriches the lives of the town’s residents and visitors, and further establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is committed to acquiring works of art for the Art Collection of the highest aesthetic standards reflective of diverse social, aesthetic, and cultural perspectives. The Town Council intends that all public art within the corporate limits of the Town shall be selected and approved according to the Public Art Acquisition process. This document establishes policies and procedures for the acquisition, placement, care, and management of works of art for the public art collection of the Town of Fountain Hills, whether acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one-of-a- kind works of art with the noted exception of prints, photographs, or a desirable high-quality limited edition work of art by a renowned artist. GOALS OF THE COLLECTION: 1. Artwork acquired and maintained within the collection should reflect the highest aesthetic standards. Objects accepted into the collection must be of known authorship and be accepted based on their value as works of art. 2. The Town’s collection should be diverse in its representation of artists and artistic styles. 3. Artwork acquired and accepted into the collection should be appropriate in scale, media, and context with its intended location, and be relevant within the cultural, historical, social/political, and environmental context of the area surrounding the Town of Fountain Hills. DEFINITIONS: Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3) Charitable organization representing the PAC. Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up of members of the FHCCA, Town staff member(s), and when deemed necessary, arts professionals. The committee generally meets monthly and is responsible for reviewing potential art donations and making recommendations to the Town. Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the recording of an item as a Collection Object. Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural, and/or historical significance. Appraisal: A professional, certified evaluation of artwork, i.e. its authenticity, condition, and provenance, to determine its monetary value. 5 Artist: Individual artist or team of individual artists whose body of work and professional activities demonstrate a serious ongoing commitment to the fine arts, through a record of exhibitions, public commissions, sale of works, and educational attainment. Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is defined as a work in any media that is the result of the unique creative expression of an artist. Conservation: See “Preservation.” For the purposes of this document, the terms “conservation” and “preservation” are used interchangeably. Decommission: The formal process of removing acquired objects permanently from the Art Collection. Donation: An artwork or a series of artworks gifted to the Town for long-term public display with the intent to transfer title of ownership to the Town. Maintenance: Maintenance shall mean a minimally invasive, routine, and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the purposes of this document, this definition shall apply generally whenever “maintenance” of artwork is referenced. Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An endowment is required for all outdoor artworks and may be required for indoor artworks in order to maintain the gift in a condition satisfactory to the donor, the PAC, and the Town. Scale, material, location, the value of the work, and potential for vandalism will be considered in determining the maintenance endowment. Monuments: Structures, sculptures, or other objects erected to commemorate a person or an event. Percent for Public Art: Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion project,s and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or near an artwork that identifies the title, artist, media, date, attribution, and other pertinent information. Organizations strive for uniformity in plaque design and text content. Preservation: Preservation shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational content. The primary goal of preservation is to prolong the existence of the cultural property, and should be undertaken or overseen by a professional conservator. For the purposes of this document, the terms preservation and conservation are used interchangeably, and the definition above shall apply generally whenever “conservation” or “preservation” is used. Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models illustrating the project and how it will fit into the site, project description, and budget, typically 6 requested from a limited number of finalists as a means of providing the basis for final artist selection. Provenance: The history of an artwork and its creation and ownership, which is used to help establish its authenticity. Documents used for provenance include sales receipts, auction and exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the artist or the circumstances of the creation of the artwork. Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired by the PAC on behalf of the Town. Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies collected through the Percent for Public Art, donations from private or corporate donors, the Maintenance Endowment Calculation, and monies gained through grants. The Public Art Fund amount shall be noted within the annual budget of the Town of Fountain Hills. 7 III. PUBLIC ART ACQUISITION PROCESS Public art is acquired through four primary methods: 1. As the result of a gift or loan whereby the Town becomes a beneficiary 2. As a result of the Percent for Public Art Contribution 3. By the active procurement of a specific work of art or the selection of an artist for a specific project 4. Temporary or Traveling Art Exhibitions 8 IV. ARTWORK DONATION PROCEDURES When an artwork is offered to the Town for donation, such donations are reviewed by entities that may include but are not limited to the PAC, FHCCA, and Town staff. No work of art shall be acquired into the Collection unless such work of art shall first have been submitted to and approved by the above-mentioned entities. Artwork must meet the Artwork Review Criteria. Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish documentation regarding the artwork value to the Donor. Step 1: The prospective donor submits a completed Artwork Donation Application with required attachments to the PAC. Developers, required to meet the Percent for Public Art obligation, will submit an application to the Planning and Zoning Department. The proposal shall include information about the artist, a written description of the artwork (size, materials, date created, etc.), a condition report, appraisal, and photograph or drawing of the artwork, and a proposed site, if any. Artwork to be donated will only be accepted with restrictions in very limited circumstances. For all artwork located on public property, the Town of Fountain Hills receives full title to the artwork and has the ability to sell or transfer the title to individuals or entities. Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation about the donation to Town staff, the PAC, and others to clarify the artwork’s provenance and appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator or other qualified arts professional to review the proposal and provide recommendations regarding authenticity and the long-term care of the artwork. Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date. If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for review and acceptance. The donor may again be called upon to discuss the donation with the Town Council. The PAC may not recommend gifts that require extraordinary maintenance expenses or are deemed unsafe. Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition Criteria. In general, donations shall be accepted without restrictions or conditions. All accepted donations will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks acquired by the Town shall be covered under the Town’s public art insurance policy for the stated value. 9 V. ART ACQUISITION CRITERIA Public art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into Town buildings and visible public improvement projects. Regardless of the method of acquisition, certain fundamental criteria will be universally applied to any work of art under consideration. Aesthetics 1. Artistic merit of the work of art, including its artistic, social, and/or historical significance, as evidenced by the Artwork Donation Application (which includes a written description and drawings and/or maquette if the artwork is proposed and not fabricated) 2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which includes images of past work, resume, references, and published reviews) 3. Compatibility of the work of art within the context of the proposed site 4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited editions and high aesthetic value shall be considered) 5. Provenance Site 6. Appropriateness to the proposed site with respect to its immediate and general physical environment (district, neighborhood) and audience 7. Proposed works of art must be compatible in scale, material, form, and content with their surroundings. Attention shall be given to the social context of the work and the manner in which it may interact or contribute to the use of the site. 8. Ecological and/or environmental impact 9. Accessibility to the public, including persons with disabilities 10. Text components (e.g., signage or plaque) Site Criteria: Prior to selecting a site for artwork, whether purchased or commissioned, the PAC and Town staff shall take into consideration the following factors: 11. Visibility and prominence of the artwork site 12. Public accessibility of the artwork and ADA Compliance 10 13. Public Safety 14. Interior and exterior traffic patterns 15. Relationship of proposed artwork to existing or future architectural features, natural features, other artworks, and urban design 16. Function of the facility 17. Facility users and surrounding community and interaction of users and community members with proposed artwork 18. Future development plans for the area 19. Overall program goal or concept 20. Landscape design 21. Relationship of proposed artwork to existing artworks within the site vicinity 22. Environmental impact 23. Social context of artwork (intended use of the work, if any) 24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition Installation 25. Site requirements for installation (Electricity, lighting, water, or other requirements) 26. Method of installation 27. Documents: Utility connections, site modifications, structural reinforcements, or other engineering requirements or site modifications should be described in the gift proposal and reflected in the construction plans and specifications. The donor/sponsor is responsible for providing and submitting engineering and architectural plans, as required according to the Building Code or as requested by the Commission. Such plans must be prepared, signed, and stamped by the appropriate design professional licensed in the state of Arizona. 28. Storage requirements, if needed 29. Safety standards (Town Risk Management review) Maintenance 30. Structural integrity (demonstrated through documentation) 31. Review of Fabrication and Installation Method: Works of art that are accepted from maquettes or drawings will be subject to PAC review throughout fabrication and installation. 11 Specific plans for site design, installation, maintenance, and protection will be submitted for approval. The completed artwork may not deviate in any way from the proposal approved by the PAC. 32. Durability of materials and method of fabrication 33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs 34. Ability or capacity to provide necessary routine maintenance Maintenance Endowment Calculation Contribution 35. All costs associated with fabrication and installation, including site preparation, long-term preservation, illumination, plaque, and unveiling/dedication event, if any 36. For all works of art located on Town property or donated to the Town, the Donor will contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the responsibility of the Donor unless otherwise agreed upon by Town and Donor. 37. Statement of the value of artwork by a certified appraiser for insurance purposes 38. No artwork will be placed or acquired before all financial obligations are met by the Donor Liability 39. Susceptibility of the artwork both to normal wear and to vandalism 40. Potential risk to the public 41. Public access, in general, as well as compliance with ADA requirements 42. Special insurance requirements (some extremely valuable artworks need additional insurance) Timeliness 43. Allowance of sufficient time for the normal review process 44. Timely and appropriate response to the PAC and Town staff requests for additional materials or information Memorial Gifts: Memorial gifts will be judged to the following additional criteria: 45. The person so honored shall have been deceased for a minimum of two years. Events shall have taken place at least two years prior to consideration of a proposed memorial gift. 46. Represents broad community values 12 47. The memorial has timeless qualities that will be meaningful to future generations 48. The location under consideration is an appropriate setting for the memorial; in general, there should be some specific geographic justification for the memorial being located on a specific site Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily limited to, the following: 49. All forms of limited edition or one-of-a-kind original creations of visual art created by an artist 50. Project features and enhancements which are unique and produced by a professional artist such as benches and fountains 51. Murals or mosaics covering walls 52. Professional artist sculptures which can be freestanding, wall-supported, or suspended and made of durable materials suitable to the site and the climate 53. Other suitable artworks as presented in a catalog and previously approved by the PAC Not Acceptable Art: The following, non-exclusive list describes those items not considered Acceptable Art: 54. Business logos or art that incorporates a logo for the primary purpose of advertising a business 55. Directional elements such as supergraphics, signage, or color-coding except where these elements are integral parts of the original works of art 56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment 57. Decorative ornamental or functional elements created by the project 58. Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art 59. Electrical, water, or mechanical service for activation of the works of art 60. Art exhibitions and educational activities 61. Security and publicity concerning works of art 62. Standard landscape or hardscape elements that would normally be associated with the project 13 VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT A. Basic Requirements 1. Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion project,s, and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The Percent for Public Art contribution shall equal: • 1% of Total Construction Cost for projects of $1 million or less; • ¾% of Total Construction Cost for projects with a value between $1 million and $10 million; or • ½% of Total Construction Cost for projects with a Total Construction Cost over $10 million. As an alternative to providing public art, developers may donate to the Fountain Hills Public Art Fund in an amount equal to the above calculation. If requested, the PAC and Town staff will work with the developer to identify an appropriate use of the contribution that will benefit both the developer and the Town. 2. Developers are not required to make a contribution to the Maintenance Endowment Calculation for any artwork located on private property. If the artwork is to be located on public property, the Maintenance Endowment Calculation will apply. 3. The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are required to choose from the approved sculptures provided by the public art committee or work under the guidance of the public art committee for an artist selection. 4. Artwork selected by the developer to go on-site must be integrated with the project, be located on an exterior of the structure or the building site, be visible to the public at all times, and be accessible for at least 40 hours per week. The location of artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. 5. A plaque will be placed that will identify the art and the artist. B. Total Construction Cost Calculation Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs of construction, site work, and signage costs. C. Eligible Costs for Calculating the Contribution The following costs may be included in the calculation of the developer’s required art investment. 14 1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs, insurance, permits, taxes, business, legal expenses, and operating costs. 2. Fabrication and installation of the artwork, including base and/or foundation if necessary. 3. Site preparation for artwork. 4. Structures enabling the artist to display the artwork. 5. Documentation of the artwork. 6. Acknowledgment plaque identifying the artist, artwork, and development, per Town format. D. Responsibility After Installation 1. Art located on the developer’s property will remain the developer’s property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer’s and subsequent property owner’s responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. The developer will be cognizant of the federal Visual Artists Rights Act, which prevents the distortion or modification of artwork without the artist’s permission. 2. If any changes are considered by the property owner for the previously approved artwork located on-site, an application for consideration of change must be submitted to the PAC. All submitted changes are subject to full review by the PAC and Town Council. 3. Art located on Town-owned property shall become the property of the Town. The artwork location will be reviewed by the Town’s Facilities Division and other staff to ensure compliance with the Americans with Disabilities Act (ADA), and to minimize conflicts with public utilities in the Town’s rights-of-way. The Town will insure and maintain all pieces on Town-owned property. 15 VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE The PAC will identify potential art projects or art purchase opportunities. Any recommendation to the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for such acquisition. Such sources of funds may include the funds deposited in the Fountain Hills Public Art Fund. 1. The PAC will decide which projects or purchases will be recommended to the Town Council as required in the Artwork Donation Process. The Town Council will have the final decision, acting in its sole discretion, to determine (i) which projects or purchases will be undertaken and (ii) if the recommendation includes the use of funds from the Fountain Hills Public Art Fund, whether the use of such funds is appropriate. 2. If the Town Council approves moving forward with a project or purchase, the PAC will assume the role of an independent selection panel. The PAC will choose the most appropriate method for a given project or purchase from among the following options: a. Open Competition. This method offers opportunities that any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. b. Invitational or Limited Competition. This two-staged competition calls for artists to submit qualifications (documentation of past work) for the selection panel’s consideration, instead of a proposal. The panel selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. c. Direct Selection and Nominations. In this method, the panel selects one artist based on documentation of past work. The pool of work reviewed can be solicited through a call-to-artist or by using an existing artist slide bank. The artist is selected by the PAC and a recommendation is presented to the FHCCA and Town Council for approval. PAC will then negotiate a contract for the development of a proposal. d. Direct Purchase. A method that results in the purchase of already completed artworks, based upon the PAC’s recommendations. 3. Upon Town Council approval of any public art project or purchase, the PAC will contact the selected artist or artist’s agent. The PAC will prepare an invoice or contract between the FHCCA and the artist covering the entire scope of work to be performed and specifying all fees to be paid, including, those for any travel expenses, shipping, and/or installation charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the acquisition cost, the aforementioned invoice or contract shall be entered into between the Town and the artist, and the Town Attorney shall prepare the invoice or contract with input from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel expenses to be reimbursed and shipping and/or installation charges to be paid. If both the Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or installation, the FHCCA shall contribute its portion to the Town prior to the date the Town is required to pay the final invoice. 16 4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will assume responsibility for project management: overseeing the purchase, shipment, and installation of selected artwork, or the design, fabrication, and installation of a commissioned project. 5. According to the payment schedule stipulated in the contract, the PAC will be responsible for paying all project fees in a timely fashion, except for those installation fees agreed to be covered by the Town through a separate agreement. 6. Upon completion of the purchase or project, the PAC will arrange a public dedication and formal transfer of ownership to the Town. 17 VIII. TEMPORARY OR TRAVELING EXHIBITIONS From time to time, the PAC may make arrangements for temporary works of art to be displayed in select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current cultural, social, or civic event, or may represent art that is available on a temporary basis that can bring a new, thoughtful perspective to the Fountain Hills Public Art Collection. Considerations for selection of a Temporary or Travelling Exhibition might include: 1. Costs: Costs associated with these Temporary Exhibits may be either borne by private donors or the Public Art Fund. In the event there might be costs to be borne by the Town of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in advance of any commitments to display the work. These costs might include but may not be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque costs, or insurance costs. 2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring Art Through Artists Selection or Purchase. 3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include: a. Length of time to be displayed. b. Whether or not the artwork may be sold during the exhibition or as a function of the exhibition. In such an event, the work will be required to remain on-site during the full length of the exhibition. c. Manner in which the artist may advertise or promote themselves or the work. d. Requirement for insurance to be carried by the artist. e. Requirement of the Artist to be present for installation, de-installation, and Dedication of the Exhibition. f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills pertaining to the Artists release of liability for damage or destruction while on display. 18 IX. GIFT AND SALE OF ARTWORKS The Gift and Sale of Art Program are established to allow the public to donate works of art to the Town of Fountain Hills that may or will be sold for the benefit of the Public Art Fund. When the PAC determines that it would be advantageous to the Town, a gifted work of art may be acquired and sold. 1. Sale at Public Auction: A work of art under the jurisdiction of the Town may be sold at public auction to the highest and best bidder and the PAC may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser. 2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids are rejected, the PAC may determine that the work may be sold on terms more advantageous to the Town. 3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to the Public Art Fund, and the monies contributed to the fund from the sale of a work of art under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring or maintaining works of art in the Collection. 4. Objects may not be given or sold privately to Town employees, officers, members of the Commission, or their representatives or family. Other Considerations: If for any reason, the Town of Fountain Hills finds it necessary to pursue plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of the Town's intent and outline possible options, which include, but are not limited to the following: 1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible for the object's removal and all associated costs. 2. Disclaim Authorship: In the case where the Town contemplates action which would compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim authorship and request that his/her name not be used in connection with the given work. Alteration, Modification, or Destruction: If alteration, modification, or destruction of an artwork protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a written waiver of the artist's rights under this section. In the case of an emergency removal that may result in the destruction or irreparable damage, the Town will act in accordance with the advice of the Town Attorney. Relocation of Public Display: If the Town decides that an artwork must be removed from its original site, and if its condition is such that it could be re-installed, the PAC and Town will attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC and Town will attempt to relocate the work to a new site consistent with the artist's intention. If 19 possible, the artist's assistance will be requested to help make this determination. The Town and PAC reserve the right to relocate or remove any artwork at any time. The final decision regarding the placement of artwork will rest with the Town and PAC. 20 X. DECOMMISSIONING POLICY Conditions: A work of art may be considered for removal from public display and/or decommissioning if one or more of the following conditions apply: 1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection. 2. The work presents a threat to public safety. 3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care for or store the work. 4. The work requires excessive or unreasonable maintenance or has faults in design or workmanship. 5. The condition of the work requires restoration in gross excess of its aesthetic value or is in such a deteriorated state that restoration would prove either unfeasible, impractical, or misleading. 6. No suitable site for the work is available, or significant changes in the use or character of design of the site affect the integrity of the work. 7. The work is fraudulent or not authentic. 8. The work is rarely or never displayed. 9. Significant adverse public reaction over an extended period of time (5 years or more). 10. The work is judged to have little or no aesthetic and/or historical or cultural value. 11. The work is duplicative in a large holding of work of that type or of that artist. Process: The following process shall be followed for works being considered for decommissioning: Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions are found to apply, the PAC shall comply with the following: Mandatory restrictions shall be observed unless a deviation from their terms is authorized by a court of competent jurisdiction. Objects to which restrictions apply should not be disposed of until reasonable efforts are made to comply with the restrictive conditions. If practical and reasonable to do so, considering the value of the objects in question, the PAC should notify the donor if it intends to dispose of such objects within ten years of receiving the gift. If there is any question as to the intent or force of restrictions, the PAC shall, through Town staff, seek the advice of the Town Attorney. 21 Independent Appraisal or other documentation of the value of the artwork: Prior to disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain an independent professional appraisal or an estimate of the value of the work based on recent documentation of gallery and auction sales. Related Professional Opinions: In cases where decommissioning or removal is recommended due to deterioration, a threat to public safety, ongoing controversy, or lack of artistic quality, it is recommended that the PAC seek the opinions of independent professionals qualified to comment on the concern prompting review (conservators, engineers, architects, critics, safety experts, etc.). PAC Hearing and Resolution: The recommendation to decommission a work of art will be considered at a regular or special meeting of the PAC. The Town must approve by Resolution the PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through sale or exchange. Provisions for Emergency Removal: In the event that the structural integrity or condition of the artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an imminent threat to public safety, the Town may authorize its immediate removal, without the artist's consent, by declaring a State of Emergency, and have the work placed in temporary storage. The artist and the PAC must be notified of this action within 30 days. The PAC will then consider options for disposition: repair, reinstallation, maintenance provisions, or decommissioning. In the event that the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection Act, the Town must attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required to protect public health and safety, the Town shall proceed according to the advice of the Town Attorney. Adequate Records: An adequate record of the conditions and circumstances under which objects are decommissioned and disposed of should be made and retained as part of the Collections Management records. 22 ARTWORK DONATION APPLICATION Use this form to submit proposals for permanent artwork donations or short-term or long-term loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona. Please direct any questions, and complete and submit this application to: Name: Address: Phone: Email Address: Please attach additional sheets. The Town reserves the right to request additional information in order to process a donation proposal. DONOR Name(s) Organization (if applicable): (Please check one: Individual(s) Corporation Not-for-Profit Other (specify: ) Address City State Zip Code Country Phone Fax Email (Please check one): Donation of artwork to be commissioned under the guidance of the Public Art Committee Donation of existing artwork as approved by the Public Art Committee Donation for Development Percent for Public Art (Please go to Percent for Development Option) Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved in any stage of negotiations for a Town contract. ARTIST Name Alias (If applicable) Nationality Birth Date Death Date (If applicable) Address City State Zip Code Country Phone Fax Email Website 23 Artist Representation/Gallery Name (If applicable) Artist Representation/Gallery Address City State Zip Code Country Phone Fax Email Website For donations of commissioned artwork, please explain the method used in the selection of the artist. ARTWORK Title Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials Description of Artwork Creation Date Dimensions and Weight Anticipated Life Expectancy of the Artwork Finishes are applied to the surface Construction technique(s) If this artwork is part of a series or group, what is the total number in the series or group? If this artwork is part of an edition, what is the edition number of this piece, and the total edition size? Describe the frame, if any. Describe the base or pedestal, if any. 24 Describe any accompanying accessories Current location of the artwork The proposed site for placement (if applicable) For memorials, describe the person or event to be commemorated, and explain why this person or event deserves special recognition. ARTWORK HISTORY Provenance/Past Owners: List all past owners and periods of ownership for each. A separate page can be submitted. Exhibition History: List the exhibition history including exhibition titles, venues, and dates for each. Publications and References: List all publications about and references to the artwork. COPYRIGHT OWNERSHIP Name of the current copyright owner Title Address City State Zip Code Country Phone Fax Email If the donor is the current copyright owner, does the donor intend to transfer the copyright to the Town of Fountain Hills should the donation be accepted by the Town? ARTWORK VALUATION (per appraisal) 25 Fair Market Value $ How was this fair market value determined and by whom? CONDITION Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions, paint losses, or other insecurities or defects in the artwork. If the artwork has been conserved, describe the conservation treatment and name of a conservator. Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations were provided by a conservator. (Optional) Provide recommendations for security, installation, transportation, and/or storage. For donations of commissioned artwork, please outline the installation plan. OTHER REQUIRED MATERIALS Please submit the following materials along with this completed form. Artist’s résumé and bio Digital, color images of past artwork by artist For commissioned artwork, color renderings or maquettes of proposed artwork Maps or images of the proposed site for artwork Itemized list of any costs to be borne by the Town for transportation, installation, exhibition, The operation, maintenance, conservation, and/or security For commissioned artwork, an itemized budget for design, fabrication, and installation For commissioned artwork, a timeline for design, fabrication, and installation 26 Exhibition catalogs, publications, and/or references, if available Formal, written appraisal for any artwork with a fair market value of $10,000 or more Condition report, if available Conservator’s report, if applicable Proof of authenticity, if available Any other information relevant to the artwork DEVELOPMENT PERCENT FOR PUBLIC ART ( ) Development Description Total Project Cost as Determined by Town Staff – Cost per square foot shall be taken from the most recent publication of the International Conference of Building Officials. The derivation of the estimate and the date of the ICBO publication shall be noted on the submittal. $ Total Calculated Percent Requirement as Determined by Town Staff 1% of Total Project Cost for projects of $1 million or less; ¾% of Total Project Cost for projects with a value between $1 million and $10 million; or ½% of Total Project Cost for projects with a Total Construction Cost over $10 million. $ (Please check one): The developer chooses to make a donation to Public Art Fund Amount Received $ Payment Type The developer chooses to meet the percent requirement with on-site art installation (please fill out the Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) The developer chooses to donate an artwork to the Town of Fountain Hills (please fill out the Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) 27 DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW Authorized signature Title Print name Date STAFF ONLY Received by Date RESOLUTION NO. 2022-22 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN REVISIONS RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town”) acknowledge the important cultural and beautification role of public art within the Town; and WHEREAS, the Town has taken several steps to manage the promotion and acquisition of public art within the Town and to create design guidelines establishing minimum standards for public art in commercial, industrial, and multi-family residential projects; and WHEREAS, the Town desires to adopt a “Town of Fountain Hills Public Art Master Plan” to provide a cohesive document regarding public art within the Town. ENACTMENTS: NOW THEREFORE BEIT 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. The Town, through its Mayor and Council, hereby approves the Town of Fountain Hills Public Art Master Plan Revisions in substantially the form attached hereto as Exhibit A. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Revisions 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 Fountain Hills, Maricopa County, Arizona, this 3rd day of May, 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 EXHIBITA TO RESOLUTION NO. 2022-22 [TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN REVISIONS 2022] See following pages. ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-23 Decommissioning and Removing Town-Owned Artwork " Man in the Moon" from Public Display in Fountain Park. Staff Summary (Background) The stainless steel sculpture titled "Man in the Moon"  was created by artist Kyle Ashley and was installed in 2014 at Fountain Park near the playground area. Due to harsh water conditions, the sculpture has deteriorated extensively, exposing sharp edges and creating a safety hazard. On Monday, April 4, 2022, the Public Art Committee voted unanimously to decommission the piece, following the Decommissioning Policy that is contained in the Public Art Master Plan adopted by Resolution 2020-07 and allows public art to be removed from public display under Section X as follows:  Conditions: A work of art may be considered for removal from public display and/or decommissioning if one or more of the following conditions apply: 2.  "The work presents a threat to public safety." 4.  "The work requires excessive or unreasonable maintenance or has faults in design or workmanship." The artist, Kyle Ashley, has been contacted via email and phone voice mail messages and to date has not responded. Upon Council approval, "Man in the Moon" will be removed from the Public Art collection and photos will be taken to document and archive the piece.   Background on Public Art Policy: The Fountain Hills Public Art Program was founded in October 1994 when the Town and the Fountain Hills Cultural and Civic Association commissioned a community cultural assessment sponsored by the Arizona Commission on the Arts. Nearly 50 citizens participated in either the open forum or via collected surveys. The community’s strengths and challenges were discussed and specific needs were identified, including:   The need for a cultural center facility with performance, gallery and meeting space.1. A need for an Arts Council to provide leadership for cultural growth.2. A need to integrate the arts in community design and planning.3. On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills.  In March 2020, the Town Council approved Resolution 2020-07 adopting an updated version of the Town of Fountain Hills Master Art Plan, proposed and endorsed by the Public Art Committee. Related Ordinance, Policy or Guiding Principle The Decommissioning Policy is contained in the Public Art Master Plan adopted by Resolution 2020-07 and allows public art to be removed for public display under Section X as follows: 2. "The work presents a threat to public safety." Risk Analysis The decommissioning and removal of the art piece is due to the deterioration of the metal over time and sharp edges that are a risk to the public. Recommendation(s) by Board(s) or Commission(s) On April 4, 2022, the Public Art Committee voted unanimously to decommission the sculpture "Man in the Moon." Staff Recommendation(s) The staff recommends the adoption of Resolution 2022-23. SUGGESTED MOTION MOVE to adopt Resolution 2022-23 Decommissioning and Removing "Man in the Moon" from Public Display.  Attachments Resolution 2022-23 Man in the Moon Decommission  Public Art Master Plan 2021  Man in the Moon Photo  Man in the Moon- damage 1  Man in the Moon damage 2  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/19/2022 12:32 PM Finance Director David Pock 04/20/2022 10:43 AM Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 10:17 AM Community Services Director Rachael Goodwin 04/25/2022 10:22 AM Finance Director David Pock 04/25/2022 10:33 AM Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 11:16 AM Community Services Director Rachael Goodwin 04/25/2022 11:55 AM Finance Director David Pock 04/25/2022 01:37 PM Town Attorney Aaron D. Arnson 04/25/2022 02:45 PM Town Manager Grady E. Miller 04/25/2022 05:36 PM Form Started By: Patti Lopuszanski Started On: 04/05/2022 05:13 PM Final Approval Date: 04/25/2022  RESOLUTION 2022-23 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECOMMISSIONING AND REMOVING FROM PUBLIC DISPLAY CERTAIN TOWN-OWNED ARTWORK RECITALS: WHEREAS, the Town of Fountain Hills (the “Town”) owns and maintains a public art collection, with individual works of art located throughout the Town; and WHEREAS, the Town has adopted the Public Art Master Plan, as amended, to serve as a guide for the acquisition, maintenance, and disposition of works of art by the Town; and WHEREAS, pursuant to theTown of Fountain HillsPublic Art Master Plan, Section X –Decommissioning Policy (the “Decommissioning Policy”), a work of art may be considered for removal from public display and/or decommissioning under certain conditions, including; when the work presents a threat to public safety; and WHEREAS, that certain work of art that is part of the Town’s public art collection titled “Man in the Moon” (the “Artwork”) is located at Fountain Park; and WHEREAS, as required by the Decommissioning Policy, the Fountain Hills Public Art Committee of the Fountain Hills Cultural and Civic Association at its April 4, 2022 meeting approved the decommissioning and removal of the Artwork; and WHEREAS, the terms of the Decommissioning Policy have been satisfied in all material respects or to the extent reasonably possible as pertaining to the decommissioning of the Artwork; and WHEREAS, in consideration of the above recitals, the Mayor and Town Council of the Town of Fountain Hills (the “Town Council”) has determined it is necessary and in the best interest of the Town to decommission the Artwork and remove the Artwork from public display. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,as follows: SECTION 1. The recitals above are incorporated as if fully set forth herein. SECTION 2. The Artwork is decommissioned and shall be removed from public display, whether through sale, exchange, or any other means of disposal as may be reasonably necessary, as determined by Town staff. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 3, 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 Town of Fountain Hills Public Art Master Plan 2 I. INTRODUCTION & BACKGROUND History of Public Art Public art has long played an important role in expressing the identity of a culture. In many cases, public art is the legacy by which we remember an ancient culture. Public art has been a part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th century that comprehensive public art programs emerged. After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted “percent for art” ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture in unrelated spaces into the broader understanding that art may take various forms, including being routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public realm became more involved in the design of public spaces by working closely with architects, landscape architects and engineers. The result was the use of art to shape a new public space, not just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further; it has become an integral part of civic infrastructure including, bridges, waste treatment plants, freeways, parks, sports complexes and other projects. Funding for contemporary public art has come in large part from three sources: (i) “percent for art” ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate sponsorships and private donations from individuals and foundations. History of Art in Fountain Hills In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic Association (the “Civic Association”) commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50 citizens participated in either the open forum or in the surveys collected. The community’s strengths and challenges were discussed, and four key issues were identified: The need for a cultural center facility with performance, gallery and meeting space. A need for an arts council to provide leadership for cultural growth. A need to involve the arts in community design and planning. A need for youth services including after school and summer programs. Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized. The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March 1995. 3 On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council, then a committee of the Civic Association, as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to administer its public art program. On November 20, 2003, the Town Council adopted Resolution No. 2003-70 confirming this appointment and adopting an official Master Plan for the acquisition of public art. Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art acquisition. On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”). Section 19.05(I) of the Design Guidelines established the minimum standards for including a public art element in all commercial, industrial and multi-family residential projects (the “Public Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to or greater than 1% of the cost of building construction and associated site work and signage of a new or redeveloped commercial, industrial, or large multi-family residential construction project or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1% of the cost of building construction and associated site work and signage. The funds raised through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is the fund held by the Town for the purchase or installation of public art (the “Fountain Hills Public Art Fund”). 4 II. PUBLIC ART PROGRAM GENERAL STANDARDS Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating cultural environment that enriches the lives of the town’s residents and visitors, and further establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is committed to acquiring works of art for the Art Collection of the highest aesthetic standards reflective of diverse social, aesthetic and cultural perspectives. The Town Council intends that all public art in the corporate limits of the Town shall be selected and approved according to the Public Art Acquisition process. This document establishes policies and procedures for the acquisition, placement, care and management of works of art for the public art collection of the Town of Fountain Hills, whether acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one of a kind works of art with the noted exception of prints, photographs or a desirable high-quality limited edition work of art by a renowned artist. GOALS OF THE COLLECTION: 1. Artwork acquired and maintained within the collection should reflect the highest aesthetic standards. Objects accepted into the collection must be of known authorship and be accepted based on their value as works of art. 2. The Town’s collection should be diverse in its representation of artists and artistic styles. 3. Artwork acquired and accepted into the collection should be appropriate in scale, media and context with its intended location, and be relevant within the cultural, historical, social/political and environmental context of the area surrounding the Town of Fountain Hills. DEFINITIONS: Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3) Charitable organization representing the PAC. Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up members of the FHCCA, Town staff member(s) and when deemed necessary, arts professionals. The committee generally meets monthly and is responsible for reviewing potential art donations and making recommendations to the Town. Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the recording of an item as a Collection Object. Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural and/or historical significance. Appraisal: A professional, certified evaluation of an artwork, i.e. its authenticity, condition and provenance, to determine its monetary value. 5 Artist: Individual artist or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts, through a record of exhibitions, public commissions, sale of works and educational attainment. Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is defined as a work in any media that is the result of the unique creative expression of an artist. Conservation: See “Preservation.” For the purposes of this document, the terms “conservation” and “preservation” are used interchangeably. Decommission: The formal process of removing acquired objects permanently from the Art Collection. Donation: An artwork or a series of artworks gifted to the Town for long-term public display with intent to transfer title of ownership to the Town. Maintenance: Maintenance shall mean a minimally invasive, routine and regularly scheduled activity that may involve the removal of superficial dirt or debris build-up on the surface of the artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the purposes of this document, this definition shall apply generally whenever “maintenance” of artwork is referenced. Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An endowment is required for all outdoor artworks and may be required for indoor artworks in order to maintain the gift in a condition satisfactory to the donor, the PAC and the Town. Scale, material, location, value of the work and potential for vandalism will be considered in determining the maintenance endowment. Monuments: Structures, sculpture or other objects erected to commemorate a person or an event. Percent for Public Art: Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or near an artwork that identifies the title, artist, media, date, attribution and other pertinent information. Organizations strive for uniformity in plaque design and text content. Preservation: Preservation shall mean the protection of cultural property through activities that minimize chemical and physical deterioration and damage, and that prevent loss of informational content. The primary goal of preservation is to prolong the existence of cultural property, and should be undertaken or overseen by a professional conservator. For the purposes of this document, the terms preservation and conservation are used interchangeably, and the definition above shall apply generally whenever “conservation” or “preservation” is used. Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models illustrating the project and how it will fit into the site, project description and budget, typically 6 requested from a limited number of finalists as a means of providing the basis for final artist selection. Provenance: The history of an artwork and its creation and ownership, which is used to help establish its authenticity. Documents used for provenance include sales receipts, auction and exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the artist or the circumstances of the creation of the artwork. Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired by the PAC on behalf of the Town. Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies collected through the Percent for Public Art, through donation from private or corporate donors, the Maintenance Endowment Calculation and monies gained through grants. The Public Art Fund amount shall be noted within the annual budget of the Town of Fountain Hills. 7 III. PUBLIC ART ACQUISITION PROCESS Public art is acquired through four primary methods: 1. As the result of a gift or loan whereby the Town becomes a beneficiary 2. As a result of the Percent for Public Art Contribution 3. By the active procurement of a specific work of art or the selection of an artist for a specific project 4. Temporary or Traveling Art Exhibitions 8 IV. ARTWORK DONATION PROCEDURES When an artwork is offered to the Town for donation, such donations are reviewed by entities that may include but are not limited to the PAC, FHCCA and Town staff. No work of art shall be acquired into the Collection, unless such work of art shall first have been submitted to and approved by the above mentioned entities. Artwork must meet the Artwork Review Criteria. Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish documentation regarding the artwork value to the Donor. Step 1: The prospective donor submits a completed Artwork Donation Application with required attachments to the PAC. Developers, required to meet the Percent for Public Art obligation, will submit an application with the Planning and Zoning Department. The proposal shall include information about the artist, written description of the artwork (size, materials, date created, etc.), condition report, appraisal and photograph or drawing of the artwork, and proposed site, if any. Artwork to be donated will only be accepted with restrictions in very limited circumstances. For all artwork located on public property, the Town of Fountain Hills receives full title to the artwork and has the ability to sell or transfer the title to individuals or entities. Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation about the donation to Town staff, the PAC and others to clarify the artwork provenance and appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator or other qualified arts professional to review the proposal and provide recommendations regarding authenticity and the long-term care of the artwork. Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date. If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for review and acceptance. The donor may again be called upon to discuss the donation with the Town Council. The PAC may not recommend gifts that require extraordinary maintenance expense or are deemed unsafe. Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition Criteria. In general, donations shall be accepted without restrictions or conditions. All accepted donations will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks acquired by the Town shall be covered under the Town’s public art insurance policy for the stated value. 9 V. ART ACQUISITION CRITERIA Public art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into Town building and visible public improvement projects. Regardless of the method of acquisition, certain fundamental criteria will be universally applied to any work of art under consideration. Aesthetics 1. Artistic merit of the work of art, including its artistic, social, and/or historical significance, as evidenced by the Artwork Donation Application (which includes a written description and drawings and/or maquette if the artwork is proposed and not fabricated) 2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which includes images of past work, resume, references, and published reviews) 3. Compatibility of the work of art within the context of the proposed site 4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited editions and high aesthetic value shall be considered) 5. Provenance Site 6. Appropriateness to the proposed site with respect to its immediate and general physical environment (district, neighborhood) and audience 7. Proposed works of art must be compatible in scale, material, form, and content with their surroundings. Attention shall be given to the social context of the work and the manner in which it may interact or contribute to the use of the site. 8. Ecological and/or environmental impact 9. Accessibility to the public, including persons with disabilities 10. Text components (e.g., signage or plaque) Site Criteria: Prior to selecting a site for an artwork, whether purchased or commissioned, the PAC and Town staff shall take into consideration the following factors: 11. Visibility and prominence of the artwork site 12. Public accessibility of the artwork and ADA Compliance 10 13. Public Safety 14. Interior and exterior traffic patterns 15. Relationship of proposed artwork to existing or future architectural features, natural features, other artworks, and urban design 16. Function of the facility 17. Facility users and surrounding community and interaction of users and community members with proposed artwork 18. Future development plans for area 19. Overall program goal or concept 20. Landscape design 21. Relationship of proposed artwork to existing art works within the site vicinity 22. Environmental impact 23. Social context of artwork (intended use of the work, if any) 24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition Installation 25. Site requirements for installation (Electricity, lighting, water, or other requirements) 26. Method of installation 27. Documents: Utility connections, site modifications, structural reinforcements or other engineering requirements or site modifications should be described in the gift proposal and reflected in the construction plans and specifications. The donor/sponsor is responsible for providing and submitting engineering and architectural plans, as required according to the Building Code or as requested by the Commission. Such plans must be prepared, signed and stamped by the appropriate design professional licensed in the state of Arizona. 28. Storage requirements, if needed 29. Safety standards (Town Risk Management review) Maintenance 30. Structural integrity (demonstrated through documentation) 31. Review of Fabrication and Installation Method: Works of art that are accepted from maquettes or drawings will be subject to PAC review throughout fabrication and installation. 11 Specific plans for site design, installation, maintenance and protection will be submitted for approvals. The completed artwork may not deviate in any way from the proposal approved by the PAC. 32. Durability of materials and method of fabrication 33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs 34. Ability or capacity to provide necessary routine maintenance Maintenance Endowment Calculation Contribution 35. All costs associated with fabrication and installation, including site preparation, long-term preservation, illumination, plaque, and unveiling/dedication event, if any 36. For all works of art located on Town property or donated to the Town, the Donor will contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the responsibility of the Donor, unless otherwise agreed upon by Town and Donor. 37. Statement of value of artwork by a certified appraiser for insurance purposes 38. No artwork will be placed or acquired before all financial obligations are met by the Donor Liability 39. Susceptibility of the artwork both to normal wear and to vandalism 40. Potential risk to the public 41. Public access, in general, as well as compliance with ADA requirements 42. Special insurance requirements (some extremely valuable artworks need additional insurance) Timeliness 43. Allowance of sufficient time for normal review process 44. Timely and appropriate response to the PAC and Town staff requests for additional materials or information Memorial Gifts: Memorial gifts will be judged to the following additional criteria: 45. The person so honored shall have been deceased for a minimum of two years. Events shall have taken place at least two years prior to consideration of a proposed memorial gift. 46. Represents broad community values 12 47. The memorial has timeless qualities that will be meaningful to future generations 48. The location under consideration is an appropriate setting for the memorial; in general, there should be some specific geographic justification for the memorial being located in a specific site Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily limited to, the following: 49. All forms of limited edition or one-of-a-kind original creations of visual art created by an artist 50. Project features and enhancements which are unique and produced by a professional artis t such as benches and fountains 51. Murals or mosaics covering walls 52. Professional artist sculptures which can be freestanding, wall-supported or suspended and made of durable materials suitable to the site and the climate 53. Other suitable artworks as presented in a catalogue and previously approved by the PAC Not Acceptable Art: The following, non-exclusive list describes those items not considered Acceptable Art: 54. Business logos or art that incorporates a logo for the primary purpose of advertising a business 55. Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original works of art 56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment 57. Decorative ornamental or functional elements created by the project 58. Landscape architecture or gardening except for elements designed by the artist as an integral part of the work of art 59. Electrical, water or mechanical service for activation of the works of art 60. Art exhibitions and educational activities 61. Security and publicity concerning works of art 62. Standard landscape or hardscape elements that would normally be associated with the project 13 VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT A. Basic Requirements 1. Developers of any new professional office, lodging projects, retail, service, commercial, wholesale, transportation, industrial developments, re-developments or expansion projects and multi-family projects with five or more dwelling units within the Town of Fountain Hills are required to provide public artwork. The Percent for Public Art contribution shall equal:  1% of Total Construction Cost for projects of $1 million or less;  ¾% of Total Construction Cost for projects with a value between $1 million and $10 million; or  ½% of Total Construction Cost for projects with a Total Construction Cost over $10 million. As an alternative to providing public art, developers may make a donation to the Fountain Hills Public Art Fund in an amount equal to the above calculation. If requested, the PAC and Town staff will work with the developer to identify an appropriate use of the contribution that will benefit both the developer and the Town. 2. Developers are not required to make a contribution to the Maintenance Endowment Calculation for any artwork located on private property. If the artwork is to be located on public property, the Maintenance Endowment Calculation will apply. 3. The public art requirement must be met prior to the issuance of a Certificate of Occupancy. Applicants choosing to purchase a piece of art are required to submit a Donation Application and comply with the Art Acquisition Criteria. The art contribution should be approved by Town staff and PAC as being in compliance with the ordinance. 4. Artwork selected by the developer to go on site must be integrated with the project, be located on an exterior of the structure or the building site, be visible to the public at all times and be accessible for at least 40 hours per week. The location of the artwork should be in an outdoor location to allow unrestricted visibility by the public 24 hours per day. 5. A plaque will be placed that will identify the art and the artist. B. Total Construction Cost Calculation Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs of construction, site work and signage costs. C. Eligible Costs for Calculating the Contribution The following costs may be included in the calculation of the developer’s required art investment. 14 1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs, insurance, permits, taxes, business, legal expenses and operating costs. 2. Fabrication and installation of the artwork, including base and/or foundation if necessary. 3. Site preparation for artwork. 4. Structures enabling the artist to display the artwork. 5. Documentation of the artwork. 6. Acknowledgment plaque identifying the artist, artwork and development, per Town format. D. Responsibility After Installation 1. Art located on the developer’s property will remain the developer’s property, subject to a covenant on the part of the developer that the piece will remain in public view. It will be the developer’s and subsequent property owner’s responsibility to insure and maintain the piece of art. The insured value must equal the appraised value. Developer will be cognizant of the federal Visual Artists Rights Act, which prevents the distortion or modification of an artwork without the artist’s permission. 2. If any changes are considered by the property owner for the previously approved artwork located on site, an application for consideration of change must be submitted to the PAC. All submitted changes are subject to full review by the PAC and Town Council. 3. Art located on Town-owned property shall become the property of the Town. The artwork location will be reviewed by the Town’s Facilities Division and other staff to ensure compliance with American with Disabilities Act (ADA), and to minimize conflicts with public utilities in Town rights-of-way. The Town will insure and maintain all pieces on Town-owned property. 15 VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE The PAC will identify potential art projects or art purchase opportunities. Any recommendation to the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for such acquisition. Such source of funds may include the funds deposited in the Fountain Hills Public Art Fund. 1. The PAC will decide which projects or purchases will be recommended to the Town Council as required in the Artwork Donation Process. The Town Council will have the final decision, acting in its sole discretion, to determine (i) which projects or purchases will be undertaken and (ii) if the recommendation includes the use of funds from the Fountain Hills Public Art Fund, whether the use of such funds is appropriate. 2. If the Town Council approves moving forward with a project or purchase, the PAC will assume the role of an independent selection panel. The PAC will choose the most appropriate method for a given project or purchase from among the following options: a. Open Competition. This method offers opportunities in which any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. b. Invitational or Limited Competition. This two-staged competition calls for artists to submit qualifications (documentation of past work) for the selection panel’s consideration, instead of a proposal. The panel selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. c. Direct Selection and Nominations. In this method, the panel selects one artist on the basis of documentation of past work. The pool of work reviewed can be solicited through a call-to-artists or by using an existing artist slide bank. The artist is selected by the PAC and a recommendation is presented to the FHCCA and Town Council for approval. PAC will then negotiate a contract for the development of a proposal. d. Direct Purchase. A method that results in the purchase of already completed artworks, based upon the PAC’s recommendations. 3. Upon Town Council approval of any public art project or purchase, the PAC will contact the selected artist or artist’s agent. The PAC will prepare an invoice or contract between the FHCCA and the artist covering the entire scope of work to be performed, and specifying all fees to be paid, including, those for any travel expenses, shipping and/or installation charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the acquisition cost, the aforementioned invoice or contract shall be entered into between the Town and the artist, and the Town Attorney shall prepare the invoice or contract with input from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel expenses to be reimbursed and shipping and/or installation charges to be paid. If both the Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or installation, the FHCCA shall contribute its portion to the Town prior to the date the Town is required to pay the final invoice. 16 4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will assume responsibility for project management: overseeing the purchase, shipment and installation of selected art work, or the design, fabrication and installation of a commissioned project. 5. According to the payment schedule stipulated in the contract, the PAC will be responsible for paying all project fees in a timely fashion, except for those installation fees agreed to be covered by the Town through a separate agreement. 6. Upon completion of the purchase or project, the PAC will arrange a public dedication and formal transfer of ownership to the Town. 17 VIII. TEMPORARY OR TRAVELING EXHIBITIONS From time to time, the PAC may make arrangements for temporary works of art to be displayed in select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current cultural, social or civic event, or may represent art that is available on a temporary basis that can bring a new, thoughtful perspective to the Fountain Hills Public Art Collection. Considerations for selection of a Temporary or Travelling Exhibition might include: 1. Costs: Costs associated with these Temporary Exhibits may be either borne by private donors or the Public Art Fund. In the event there might be costs to be borne by the Town of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in advance of any commitments to display the work. These costs might include but may not be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque costs or insurance costs. 2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring Art Through Artists Selection or Purchase. 3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include: a. Length of time to be displayed. b. Whether or not the artwork may be sold during the exhibition or as a function of the exhibition. In such event, the work will be required to remain on site during the full length of the exhibition. c. Manner in which the artist may advertise or promote themselves or the work. d. Requirement for insurance to be carried by the artist. e. Requirement of the Artist to be present for installation, de-installation and Dedication of the Exhibition. f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills pertaining to the Artists release of liability for damage or destruction while on display. 18 IX. GIFT AND SALE OF ARTWORKS The Gift and Sale of Art Program is established to allow the public to donate works of art to the Town of Fountain Hills that may or will be sold for the benefit of Public Art Fund. When the PAC determines that it would be advantageous to the Town, a gifted work of art may be acquired and sold. 1. Sale at Public Auction: A work of art under the jurisdiction of the Town may be sold at public auction to the highest and best bidder and the PAC may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specif y the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser. 2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids are rejected, the PAC may determine that the work may be sold on terms more advantageous to the Town. 3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to the Public Art Fund, and the monies contributed to the fund from the sale of a work of art under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring or maintaining works of art in the Collection. 4. Objects may not be given or sold privately to Town employees, officers, members of the Commission, or to their representatives or family. Other Considerations: If, for any reason, the Town of Fountain Hills finds it necessary to pursue plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of the Town's intent and outline possible options, which include, but are not limited to the following: 1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible for the object's removal and all associated costs. 2. Disclaim Authorship: In the case where the Town contemplates action which would compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim authorship and request that his/her name not be used in connection with the given work. Alteration, Modification or Destruction: If alteration, modification, or destruction of an artwork protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a written waiver of the artist's rights under this section. In the case of an emergency removal that may result in destruction or irreparable damage, the Town will act in accordance with the advice of the Town Attorney. Relocation of Public Display: If the Town decides that an artwork must be removed from its original site, and if its condition is such that it could be re-installed, the PAC and Town will attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC and Town will attempt to relocate the work to a new site consistent with the artist's intention. If 19 possible, the artist's assistance will be requested to help make this determination. The Town and PAC reserve the right to relocate or remove any artwork at any time. The final decision regarding the placement of artwork will rest with the Town and PAC. 20 X. DECOMMISSIONING POLICY Conditions: A work of art may be considered for removal from public display and/or decommissioning if one or more of the following conditions apply: 1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection. 2. The work presents a threat to public safety. 3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care for or store the work. 4. The work requires excessive or unreasonable maintenance or has faults in design or workmanship. 5. The condition of the work requires restoration in gross excess of its aesthetic value or is in such a deteriorated state that restoration would prove either unfeasible, impractical or misleading. 6. No suitable site for the work is available, or significant changes in the use or character of design of the site affect the integrity of the work. 7. The work is fraudulent or not authentic. 8. The work is rarely or never displayed. 9. Significant adverse public reaction over an extended period of time (5 years or more). 10. The work is judged to have little or no aesthetic and/or historical or cultural value. 11. The work is duplicative in a large holding of work of that type or of that artist. Process: The following process shall be followed for works being considered for decommissioning: Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions are found to apply, the PAC shall comply with the following: Mandatory restrictions shall be observed unless deviation from their terms is authorized by a court of competent jurisdiction. Objects to which restrictions apply should not be disposed of until reasonable efforts are made to comply with the restrictive conditions. If practical and reasonable to do so, considering the value of the objects in question, the PAC should notify the donor if it intends to dispose of such objects within ten years of receiving the gift. If there is any question as to the intent or force of restrictions, the PAC shall, through Town staff, seek the advice of the Town Attorney. 21 Independent Appraisal or other documentation of the value of the artwork: Prior to disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain an independent professional appraisal, or an estimate of the value of the work based on recent documentation of gallery and auction sales. Related Professional Opinions: In cases of where decommissioning or removal is recommended due to deterioration, threat to public safety, ongoing controversy, or lack of artistic quality, it is recommended that the PAC seek the opinions of independent professionals qualified to comment on the concern prompting review (conservators, engineers, architects, critics, safety experts etc.). PAC Hearing and Resolution: The recommendation to decommission a work of art will be considered at a regular or special meeting of the PAC. The Town must approve by Resolution the PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through sale or exchange. Provisions for Emergency Removal: In the event that the structural integrity or condition of an artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an eminent threat to public safety, the Town may authorize its immediate removal, without the artist's consent, by declaring a State of Emergency, and have the work placed in temporary storage. The artist and the PAC must be notified of this action within 30 days. The PAC will then consider options for disposition: repair, reinstallation, maintenance provisions or decommissioning. In the event that the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection Act, the Town must attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the Town shall proceed according to the advice of the Town Attorney. Adequate Records: An adequate record of the conditions and circumstances under which objects are decommissioned and disposed of should be made and retained as part of the Collections Management records. 22 ARTWORK DONATION APPLICATION Use this form to submit proposals for permanent artwork donations or short-term or long-term loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona. Please direct any questions, and complete and submit this application to: Name:________________________________________________________________________ Address: ___________________________________________ Phone: ____________________ Email Address: _________________________________________________________________ Please attach additional sheets. The Town reserves the right to request additional information in order to process a donation proposal. DONOR Name(s) Organization (if applicable): (Please check one: ___ Individual(s) ___ Corporation ___ Not-for-Profit ___Other (specify: _______________________________) Address City State Zip Code Country Phone Fax Email (Please check one): Donation of artwork to be commissioned ______ Donation of existing artwork Donation for Development Percent for Public Art (Please go to Percent for Development Option) Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved in any stage of negotiations for a Town contract. ARTIST Name Alias (If applicable) Nationality Birth Date Death Date (If applicable) Address City State Zip Code Country Phone Fax Email Website 23 Artist Representation/Gallery Name (If applicable) Artist Representation/Gallery Address City State Zip Code Country Phone Fax Email Website For donations of commissioned artwork, please explain the method used in the selection of the artist. ARTWORK Title Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials Description of Artwork Creation Date Dimensions and Weight Anticipated Life Expectancy of the Artwork Finishes applied to surface Construction technique(s) If this artwork is part of a series or group, what is the total number in the series or group? If this artwork is part of an edition, what is the edition number of this piece, and the total edition size? Describe frame, if any. Describe base or pedestal, if any. 24 Describe any accompanying accessories Current location of artwork Proposed site for placement (if applicable) For memorials, describe the person or event to be commemorated, and explain why this person or event deserves special recognition. ARTWORK HISTORY Provenance/Past Owners: List all past owners and period of ownership for each. A separate page can be submitted. Exhibition History: List the exhibition history including exhibition titles, venues and dates for each. Publications and References: List all publications about and references to the artwork. COPYRIGHT OWNERSHIP Name of current copyright owner Title Address City State Zip Code Country Phone Fax Email If the donor is the current copyright owner, does the donor intend to transfer the copyright to the Town of Fountain Hills should the donation be accepted by the Town? ARTWORK VALUATION (per appraisal) 25 Fair Market Value $ How was this fair market value determined and by whom? CONDITION Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions, paint losses, or other insecurities or defects in the artwork. If the artwork has been conserved, describe the conservation treatment and name of conservator. Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations were provided by a conservator. (Optional) Provide recommendations for security, installation, transportation and/or storage. For donations of commissioned artwork, please outline the installation plan. OTHER REQUIRED MATERIALS Please submit the following materials along with this completed form. Artist’s résumé and bio Digital, color images of past artwork by artist For commissioned artwork, color renderings or maquettes of proposed artwork Maps or images of proposed site for artwork Itemized list of any costs to be borne by the Town for transportation, installation, exhibition, operation, maintenance, conservation, and/or security For commissioned artwork, an itemized budget for design, fabrication, and installation For commissioned artwork, a timeline for design, fabrication, and installation 26 Exhibition catalogs, publications and/or references, if available Formal, written appraisal for any artwork with a fair market value of $10,000 or more Condition report, if available Conservator’s report, if applicable Proof of authenticity, if available Any other information relevant to the artwork DEVELOPMENT PERCENT FOR PUBLIC ART (_____________) Development Description Total Project Cost as Determined by Town Staff $__________________ Total Calculated Percent Requirement as Determined by Town Staff  1% of Total Project Cost for projects of $1 million or less;  ¾% of Total Project Cost for projects with a value between $1 million and $10 million; or  ½% of Total Project Cost for projects with a Total Construction Cost over $10 million. $__________________ (Please check one): Developer chooses to make donation to Public Art Fund Amount Received $ ___________________Payment Type________________________ Developer chooses to meet percent requirement with on-site art installation (please fill out Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) Developer chooses to donate an artwork to the Town of Fountain Hills (please fill out Artwork Donation Application and reference the Town of Fountain Hills Public Art Master Plan.) 27 DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW Authorized signature Title Print name Date STAFF ONLY Received by Date ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 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: Approval of budget transfers for the Special Revenue Fund, Tourism Fund, and Capital Project Fund. Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to another.  In most cases, the funds to be transferred are within the same department and can be made administratively without the need to request Town Council approval.  The following transfers are needed to move budget between departments and between funds.  $22,905 from Special Revenue Administration (SRAD) to the Tourism Fund (TOURISM) to use excess Prop 202 grant funding received to reimburse MusicFest expenditures $301,000 from Capital Project D6057 Golden Eagle Impoundment (CIPSTO) to P3045 Four Peaks Parking Lot (CIPPR) to cover additional scope of work Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices. Risk Analysis If not approved, the budgets for the Special Revenue Fund, Tourism Fund, and Capital Project Fund could be exceeded. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the budget transfer as requested. SUGGESTED MOTION MOVE to approve the attached budget transfer as requested. Attachments Capital Project Transfer  Tourism Transfer  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 04/20/2022 02:59 PM Town Attorney Aaron D. Arnson 04/20/2022 03:17 PM Town Manager Grady E. Miller 04/22/2022 03:04 PM Form Started By: David Pock Started On: 04/20/2022 02:45 PM Final Approval Date: 04/22/2022  04/20/2022 14:49 |TOWN OF FOUNTAIN HILLS |P 1 BBogdan |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________ YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2022 11 2 05/03/2022 INCREASE BUA P3045 1 1 1 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 751,910.00 -301,000.00 450,910.00 600-40-30-304-000-1960-8085-D6057 MOVE TO P3045 05/03/2022 2 CIPPR 8070 P3045 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 65,000.00 301,000.00 366,000.00 600-50-50-502-000-1602-8070-P3045 MOVE FROM D6057 05/03/2022 ** JOURNAL TOTAL 0.00 03/30/2022 10:49 |TOWN OF FOUNTAIN HILLS |P 1 BBogdan |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________ YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2022 09 150 03/30/2022 GRANTS BUA TOURISM 1 7 1 TOURISM 4401 G5201 TOURISM GRANTS -25,000.00 -7,905.00 -32,905.00 320-10-10-107-100-2005-4401-G5201 INCREASE TO ESTIMATE 03/30/2022 2 TOURISM 6410 G5201 TOURISM ADVERTISING/SIGNAGE 20,000.00 7,905.00 27,905.00 320-10-10-107-100-2005-6410-G5201 INCREASE TO ESTIMATE 03/30/2022 3 TOURISM 4430 G5202 TOURISM PROP 202/GAMING REV -20,000.00 -10,000.00 -30,000.00 320-10-10-107-100-2005-4430-G5202 INCREASE TO AWARDED 03/30/2022 4 TOURISM 6416 G5202 TOURISM COMMUNITY CONTRACTS/EVENTS .00 10,000.00 10,000.00 320-10-10-107-100-2005-6416-G5202 INCREASE TO AWARDED 03/30/2022 5 TOURISM 4430 G5204 TOURISM PROP 202/GAMING REV -5,000.00 -5,000.00 -10,000.00 320-10-10-107-100-2005-4430-G5204 INCREASE TO AWARDED 03/30/2022 6 TOURISM 6410 G5204 TOURISM ADVERTISING/SIGNAGE 5,000.00 5,000.00 10,000.00 320-10-10-107-100-2005-6410-G5204 INCREASE TO AWARDED 03/30/2022 7 SRAD 4401 SPEC REV-ADMIN GRANTS -1,000,000.00 22,905.00 -977,095.00 400-10-10-105-000-0710-4401- TOURISM GRANTS 03/30/2022 8 SRAD 7010 SPEC REV-ADMIN CONTINGENCY 500,000.00 -22,905.00 477,095.00 400-10-10-105-000-0710-7010- TOURISM GRANTS 03/30/2022 ** JOURNAL TOTAL 0.00 ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda 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: Adopting Resolution 2022-18 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2022, and ending June 30, 2023. Staff Summary (background) The proposed Fiscal Year 2022-23 budget was presented to the Town Council at the budget workshop on April 12, 2022. The total proposed expenditure for all funds is $46.1 million. Resolution 2021-13 establishes $46.1 million as the maximum amount of expenditures for Fiscal Year 22-23. After approval of this Resolution, changes to the budget can be made within line items, but the total amount cannot exceed $46.1 million. The Tentative Budget includes $4.4M in contingency expenditure authority for the General Fund. This contingency provides the Town with flexibility in the case of unforeseen events, such as emergency infrastructure repairs due to a storm. However, contingency can only be used if there are adequate financial resources available. Quarterly budget updates, including revenue collections, will be provided to the Town Council at the end of each quarter. Related Ordinance, Policy or Guiding Principle A.R.S. 42-17102 Risk Analysis If not approved, 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 2022-18. SUGGESTED MOTION MOVE to adopt Resolution 2022-18. MOVE to adopt Resolution 2022-18. Attachments Presentation  RES 2022-18  2022-018 Exhibit A  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 04/21/2022 04:13 PM Town Attorney Aaron D. Arnson 04/21/2022 04:17 PM Town Manager Grady E. Miller 04/25/2022 05:38 PM Form Started By: David Pock Started On: 04/21/2022 03:51 PM Final Approval Date: 04/25/2022  TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV/BUDGET FY23 Tentative Budget David Pock, Finance Director May 3, 2022 WWW.FOUNTAINHILLSAZ.GOV/BUDGET Accounts for 61% of budgeted revenue in General Fund $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 $1,800 $2,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 2 3 4 5 6 7 8 9 10 11 12ThousandsTotal TPT Collections by Fiscal Year & Period 2018 2019 2020 2021 2022 •Total Sales Tax (TPT) for All Funds •$12.8M Collected •$12.1M Budgeted •Construction •$1.3M Collected •78% of budget-to-date •Utilities/Communications •$1.2M Collected •104% of budget-to-date •Wholesale/Retail •$7.2M Collected •102% of budget-to-date •Real Estate •$827K Collected •97% of budget-to-date •Restaurant/Bars •$1.0M Collected •144% of budget-to-date •Services •$1.3M Collected •173% of budget-to-date WWW.FOUNTAINHILLSAZ.GOV/BUDGET Notes & Updates to Proposed Budget •Included in the Proposed Budget was a 4% cost -of-living increase effective July 1st •State-shared revenue estimates were received and resulted in a net increase to revenue of $1.2M •Additional contingency was added to the Special Revenue Fund in the event infrastructure grants are received. •Overall budget for all funds increased by $5.4M due to the increased revenue in the General Fund and grant contingency added above •Safe Routes to School studies that were added to CIP have been moved to Streets Fund since actual projects have not been identified WWW.FOUNTAINHILLSAZ.GOV/BUDGET Overall Budget Considerations •Tentative Budget Book is available on the Town’s website •Budget authority is not the same as fund balance •If revenues do not meet expectations, contingency and/or expenditures must be reduced to maintain existing fund balance •Tentative Budget being adopting tonight sets the absolute maximum amount of FY23 expenditures from all funds at $46,142,486 •Final Budget to be adopted on June 7th may reduce the amount of expenditures previously approved in the Tentative Budget, but it can’t increase them WWW.FOUNTAINHILLSAZ.GOV/BUDGET Revenue Assumptions •Staff remains conservative when estimating revenues •Revenues from prior years are used to develop trends and forecasts using a 98% confidence level •Revenues are not included for anticipated or incomplete construction projects (i.e. TPT for The Havenly) •The Town uses state-shared revenue estimates provided by the Arizona League of Cities/Towns, which is based on estimates provided to them by the Arizona Departments of Revenue and Transportation TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV/BUDGET General Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET General Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET General Fund -Revenues Name FY2022 Adopted Budget FY2023 Budgeted FY2022 Adopted vs. FY2023 Budgeted (% Change) Revenue Source Taxes $13,826,923 $14,426,223 4.3% Intergovernmental Revenue $7,197,376 $8,835,447 22.8% Licenses & Permits $831,786 $664,973 -20.1% Leases & Rents $282,379 $299,872 6.2% Charges For Services $235,475 $243,475 3.4% Other $91,355 $105,265 15.2% Fines & Forfeitures $189,000 $205,000 8.5% Investment Earnings $24,000 $24,000 0% Total Revenue Source:$22,678,294 $24,804,255 9.4% WWW.FOUNTAINHILLSAZ.GOV/BUDGET Expenditure Considerations •Effects of inflation could cause more than usual amounts of contingency to be used in FY23 •Contingency o Included in General Government o Provides budget authority for increased operating costs and/or unforeseen expenditures only if expected revenues are received o $4.4M included for FY22-23 •General Fund Expenditures excluding Contingency o $19.7M for FY21-22* o $20.4M for FY22-23 *including public safety contracts from Grants Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET Non -Personnel On-Going Supplements Request Title Department FY2023 Cost Town Manager Recommended Offset Increase Arizona Business Advisors Contract Administration $ 15,000 $ 15,000 $ (15,000) Safety and Sanitizing Operating Supplies Comm Ctr Operations 5,000 5,000 0 Senior Space Software Annual Subscription Community Services 3,500 3,500 0 Holiday Lighting Community Services 15,000 15,000 (15,000) Season's Celebration 2022 Event Supplement Community Services 2,500 2,500 0 Add'l Features for Courtroom Audio/Visual Court Operations 2,050 2,050 (2,050) Court Security Court Operations 21,000 21,000 (21,000) Tourism Digital Passport Program Economic Development 15,000 0 0 Business Retention & Expansion CRM Economic Development 8,000 8,000 0 Microsoft 365 Subscription Information Tech 20,000 20,000 0 ChatBot Citizen Communications online tool Public Information 4,500 0 0 See Click Fix -Service Request & Work Orders Public Information 22,250 22,250 0 Janitorial Services Budget Supplement Public Works 32,000 32,000 0 Facility Maintenance Base Budget Increase Public Works 75,000 50,000 0 Biz Hub Facilities Public Works 75,000 75,000 TBD WWW.FOUNTAINHILLSAZ.GOV/BUDGET Non -Personnel On -Going Supplements Request Title Department FY2023 Cost Town Manager Recommended Offset Youth and Sport Program Marketing Recreation 1,000 1,000 0 Teen Events Recreation 2,500 2,500 0 Sport Events at Golden Eagle Park Recreation 3,800 3,800 (1,000) Mayor's Youth Council -Conferences/Team Build Recreation 2,000 2,000 0 Recreation Scholarship Fund Recreation 5,000 5,000 0 Advertisement and Marketing Recreation 1,000 1,000 0 Roll in the Glow Recreation 5,000 2,500 0 Concerts on the Avenue (Fall & Spring)Recreation 7,000 7,000 (6,000) Music Fest (Contingency if grant not received)Recreation 37,000 37,000 (37,000) Fourth at the Fountain Recreation 15,000 15,000 0 Irish Fountain Fest Recreation 3,000 3,000 0 Spooky Blast Recreation 3,400 3,500 (2,500) Turkey Trot Recreation 3,260 3,000 (3,260) Eggstravaganza Recreation 2,485 2,500 (1,500) Back to School Bash Recreation 6,300 6,000 (2,500) Contracted Instructors Background Check Recreation 500 500 0 $ 414,045 $ 366,600 (106,810) $ 259,790 WWW.FOUNTAINHILLSAZ.GOV/BUDGET Non -Personnel One -Time Supplements Request Title Department FY2023 Cost Town Manager Recommended Offset Chair Replacement Comm Ctr Operations $ 65,000 $ 65,000 $ - Comm Center-High Top Tables and Cart Comm Ctr Operations 2,500 2,500 0 AV Equipment for the Classrooms Comm Ctr Operations 92,000 80,000 0 Contracted Inspections (Non-Reimbursed)Development Services 100,000 100,000 0 Tourism Website Update Economic Development 16,000 16,000 0 Short & L/T Rental Compliance Software Economic Development 12,000 12,000 0 Streetlight Banner Signage Economic Development 10,000 10,000 10,000 Graphic Design and Printing for Econ Dev Economic Development 5,000 5,000 5,000 Special Events Command Trailer Fire 165,000 0 0 Urban Response Utility Vehicle Fire 46,000 35,000 0 Brush Truck Pump Skid Fire 20,000 20,000 0 Turnout Dryer Fire 5,700 5,700 0 Fountain Park Utility Vehicle Parks 25,000 25,000 0 NRPA -Park staff Parks 1,000 1,000 0 Audio-Visual production equipment Public Information 3,000 3,000 0 Town Logo/Visual Rebranding Public Information 20,000 20,000 0 Town Clerk Minutes Town Clerk 18,000 18,000 0 2022 Primary/Special/General Elections Town Clerk 13,000 13,000 0 $ 619,200 $ 431,200 (15,000) $ 416,200 WWW.FOUNTAINHILLSAZ.GOV/BUDGET Personnel Supplements Request Title Department FY2023 Cost Town Manager Recommended Senior Services Activities Coordinator P/T Community Services $ 21,117 $ 21,117 Recreation Specialist –P/T Recreation 23,288 0 Recreation Program Coordinator F/T Recreation 80,921 0 Facilities Maintenance Technician F/T Public Works 82,203 82,203 Building Safety Permit Technician P/T to F/T Development Services 26,218 26,218 Code Enforcement Officer P/T Weekends Code Compliance 30,859 30,859 Building Inspector F/T Building Safety 129,120 0 IT Support Specialist to 3/4-Time Information Tech 16,879 16,879 Part Time Court Clerk –Two Positions*Court Operations 45,064 45,064 $ 455,669 $ 222,340 *One P/T position has been contracted in the past WWW.FOUNTAINHILLSAZ.GOV/BUDGET General Fund -Expenditures Name FY2022 Adopted Budget FY2023 Budgeted FY2022 Adopted vs. FY2023 Budgeted (% Change) Expenditures General Government $7,606,494 $8,337,335 9.6% Development Services $1,183,416 $1,359,678 14.9% Public Safety $9,440,884 $9,913,870 5% Public Works $1,251,933 $1,497,800 19.6% Culture & Recreation $3,195,569 $3,695,572 15.6% Total Expenditures:$22,678,296 $24,804,255 9.4% TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV/BUDGET Streets Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET Streets Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET Streets Fund -Revenues Name FY2022 Adopted Budget FY2023 Budgeted FY2022 Adopted vs. FY2023 Budgeted (% Change) Revenue Source Taxes $1,145,328 $1,197,552 4.6% Transfers In $2,000,000 $0 -100% Intergovernmental Revenue $2,494,416 $2,679,005 7.4% Charges For Services $200,000 $100,000 -50% Other $31,000 $31,000 0% Investment Earnings $24,000 $10,000 -58.3% Total Revenue Source:$5,894,744 $4,017,557 -31.8% WWW.FOUNTAINHILLSAZ.GOV/BUDGET Streets Fund -Expenditures Name FY2022 Adopted Budget FY2023 Budgeted FY2022 Adopted vs. FY2023 Budgeted (% Change) Expense Objects Payroll Expenses $605,735 $653,387 7.9% Other Expenses $4,977,479 $4,991,371 0.3% Internal Service $63,352 $63,352 0% Contingency $200,000 $200,000 0% Total Expense Objects:$5,846,566 $5,908,110 1.1% TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV/BUDGET Capital Projects Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET Capital Projects Fund WWW.FOUNTAINHILLSAZ.GOV/BUDGET FY23 Capital Projects Cost Total FY23 Capital Projects $7,713,200 Funding Sources: FY22 Capital Projects Fund Balance 4,410,100* FY22 Excess General Fund Revenues Over Expenditures 3,500,000* FY22 Construction Transaction Privilege Tax 1,142,000* Grants TBD Development Fees 275,000 Total Available for Capital Projects $9,327,100 * Conservative estimates WWW.FOUNTAINHILLSAZ.GOV/BUDGET FY23 Capital Projects Public Works Requests •Sidewalk Infill and Design $ 300,000 •Saguaro & La Montana Intersection Improvements $ 150,000 •Palisades & La Montana Intersection Improvements $ 150,000 •Miscellaneous Drainage Improvements $ 50,000 •Golden Eagle Impoundment Area Improvements $ 1,500,000 •Phase II Panorama Drive Storm Drain Improvements $ 1,025,000 •Brantley Detention Basin $ 450,000 •Town Wide Storm Water Infrastructure Rehabilitation $ 150,000 •Pedestrian Access & Lake Overlook $ 131,800 •Video Surveillance Cameras $ 75,000 •Wayfinding Signs $ 235,000 •Saguaro and Avenue of the Fountains Roundabout $ 260,600 •Community Center Renovations Phase II $ 275,000 •Fountain Hills Area Drainage Master Planning and Design $ 150,000 Total: $4,902,400 WWW.FOUNTAINHILLSAZ.GOV/BUDGET FY23 Capital Projects Parks Requests •Fountain Park $ 211,000 •Four Peaks Park $ 235,000 •Desert Vista Park $ 940,000* •Golden Eagle Park $ 850,000 •Fountain Park Sidewalk Replacement $ 100,000 •Desert Vista Dog Park Drainage Improvements $ 75,000 •Centennial Pavilion $ 275,000 Total: $ 2,686,000FY23 Capital Projects Summary •Public Works Requests $ 4,902,400 •Parks Requests $ 2,686,000 Total: $ 7,588,400*$275K from Park Dev Fees TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV/BUDGET Questions RESOLUTION 2022-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2023 RECITALS: WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) are required to adopt a budget for each fiscal year; and WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has prepared, and filed with the Town Council, the Town Manager’s budget estimates for the fiscal year beginning July 1, 2022, and ending June 30, 2023. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, including the establishment of the maximum budget amount for such fiscal year in the amount of $46,142,486. SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish in the official Town newspaper once a week for two consecutive weeks (i) the official tentative budget and (ii) a notice, in the form attached as Exhibit B and incorporated herein by reference, of the public hearing of the Town Council to hear taxpayers and make tax levies at designated times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall, the Fountain Hills branch of the Maricopa County Library and the Town website where the tentative budget may be found. SECTION 4. The Town Manager or designee shall, no later than seven business days after the date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills branch of the Maricopa County Library a complete copy of the tentative budget, and (ii) post the tentative budget in a prominent location on the Town’s website. SECTION 5. 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. RESOLUTION NO. 2022-18 PAGE 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this 3rd day of May, 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, Pierce Coleman PLLC Town Attorney EXHIBIT A TO RESOLUTION 2022-18 [Tentative Budget] See following pages. EXHIBIT B TO RESOLUTION 2022-18 [Notice] See following page. Town of Fountain Hills Notice of Public Hearing Final Budget Adoption and Tax Levy On June 7, 2022, beginning at 5:25 p.m.in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, public hearings will be held to allow members of the public to appear and testify or make inquiries regarding Fiscal Year 2022-23 Budgets for (i) the Town of Fountain Hills, (ii) the Eagle Mountain Community Facilities District Board, and (iii) the Cottonwoods Maintenance District Board. On June 21, 2022, beginning at 5:25 p.m.in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, the Cottonwoods Maintenance District Board will adopt their property tax levy for the Fiscal Year beginning July 1, 2022, and ending June 30, 2023. A complete copy of the each of the budgets for the Fiscal Year 2022-23 may be viewed at: 1. Fountain Hills Town Hall (2nd floor), 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268 2. Fountain Hills Maricopa County Branch Library, 12901 LaMontana Drive, Fountain Hills, Arizona 85268 3. The Town of Fountain Hills website at: www.fountainhillsaz.gov Anyone wishing to respond may do so in person at the meetings or in writing prior to the date of the June 7, 2022, and June 21, 2022, meetings by delivering the written comments to the Town Clerk’s office, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. Official Budget Forms Town of Fountain Hills Fiscal year 2023 3/22 Arizona Auditor General Official Town Budget Forms Town of Fountain Hills Table of Contents Fiscal year 2023 Schedule A—Summary Schedule of estimated revenues and expenditures/expenses Schedule B—Tax levy and tax rate information Schedule G—Full-time employees and personnel compensation Schedule C—Revenues other than property taxes Schedule D—Other financing sources/(uses) and interfund transfers Schedule E—Expenditures/expenses by fund Schedule F—Expenditures/expenses by department (as applicable) 3/22 Arizona Auditor General Official Town Budget Forms Fiscal year General Fund Special Revenue Fund Debt Service Fund Capital Projects Fund Permanent Fund Enterprise Funds Available Internal Service Funds Total all funds 2022 Adopted/adjusted budgeted expenditures/expenses* E 1 19,836,760 12,064,970 2,360 6,223,000 0 0 997,003 39,124,094 2022 Actual expenditures/expenses** E 2 13,935,967 7,754,892 680 2,991,734 0 0 884,119 25,567,393 2023 Beginning fund balance/(deficit) or net position/(deficit) at July 1*** 3 13,139,630 3,078,948 179,770 6,311,609 0 0 7,664,369 30,374,326 2023 Primary property tax levy B 4 0 0 0 0 0 0 0 2023 Secondary property tax levy B 5 0 0 0 0 0 0 0 2023 Estimated revenues other than property taxes C 6 24,804,255 16,034,295 2,780 1,613,958 0 0 2,000 42,457,288 2023 Other financing sources D 7 0 0 0 0 0 0 0 0 2023 Other financing (uses) D 8 0 0 0 0 0 0 0 0 2023 Interfund transfers in D 9 0 2,697,340 0 275,000 0 0 1,890,575 4,862,915 2023 Interfund Transfers (out) D 10 4,422,980 164,935 0 275,000 0 0 0 4,862,915 2023 Line 11: Reduction for fund balance reserved for future budget year expenditures Maintained for future debt retirement 0 Maintained for future capital projects 4,208,150 4,208,150 Maintained for future financial stability 3,912,445 3,912,445 0 0 2023 Total financial resources available 12 29,608,460 21,645,648 182,550 7,925,567 0 0 5,348,794 64,711,019 2023 Budgeted expenditures/expenses E 13 24,804,255 12,532,331 15,560 8,157,040 0 0 633,300 46,142,486 Expenditure limitation comparison 2022 2023 1 Budgeted expenditures/expenses 39,124,094$ 46,142,486$ 2 Add/subtract: estimated net reconciling items (72,341) (112,689) 3 Budgeted expenditures/expenses adjusted for reconciling items 39,051,753 46,029,797 4 Less: estimated exclusions 7,501,102 14,159,411 5 Amount subject to the expenditure limitation 31,550,651$ 31,870,386$ 6 EEC expenditure limitation 31,747,291$ 31,896,371$ * ** *** Town of Fountain Hills Summary Schedule of estimated revenues and expenditures/expenses Fiscal year 2023 Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be maintained intact (e.g., principal of a permanent fund). S c h Funds Includes expenditure/expense adjustments approved in the current year from Schedule E. The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. 11 3/22 Arizona Auditor General Schedule A Official Town Budget Forms 2022 2023 1. $$ 2. $ 3.Property tax levy amounts A. Primary property taxes $$ B. Secondary property taxes C.Total property tax levy amounts $$ 4.Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years’ levies (3) Total primary property taxes $ B. Secondary property taxes (1) Current year's levy $ (2) Prior years’ levies 37 (3) Total secondary property taxes $37 C. Total property taxes collected $37 5.Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate (3) Total city/town tax rate B. Special assessment district tax rates Secondary property tax rates—As of the date the proposed budget was prepared, the two (2)special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * city/town was operating Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) Town of Fountain Hills Tax levy and tax rate information Fiscal year 2023 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) Property tax judgment Property tax judgment Property tax judgment Property tax judgment 3/22 Arizona Auditor General Schedule B Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2022 2022 2023 General Fund Local taxes Local Sales Tax $13,826,923 $14,426,084 $14,426,223 Franchise Tax 434,896 254,167 325,000 Licenses and permits Business License Fees 115,464 121,792 116,619 Liquor License Fees 2,000 2,367 500 Building Permit Fees 395,923 642,684 408,398 Sign Permits 3,350 4,480 3,350 Landscape Permit Fees 16,800 16,733 16,800 Subdivision Fees 52,250 111,100 52,250 Special Event Permits 8,750 20,719 8,500 Engineering Fees 5,900 16,460 5,900 Third Party Revenues Planning & Zoning Fees 16,185 9,149 16,095 Plan Review Fees 275,698 81,381 96,750 Intergovernmental State Sales Tax 2,958,864 3,282,567 3,409,475 Fire Insurance Premium Tax 47,560 47,560 48,036 Vehicle License Tax 350,592 351,363 338,350 Shared Income Tax 3,288,000 3,174,026 4,597,467 Charges for services Parks & Rec User Fees 235,475 199,805 243,475 Encroachment Fees 35,000 474,219 35,000 Variances 4,300 7,533 4,300 Inspection Fees 17,000 60,310 17,000 Leases & Rents 282,379 340,036 299,872 Fines and forfeits Court Fines 189,000 204,942 205,000 Interest on investments Interest on Investments 24,000 (181,243)24,000 In-lieu property taxes Contributions Voluntary contributions 47,545 64,733 60,845 Miscellaneous Miscellaneous 44,440 386,898 45,050 Total General Fund $22,678,294 $24,119,862 $24,804,255 * Town of Fountain Hills Revenues other than property taxes Fiscal Year 2023 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Source of revenues 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2022 2022 2023 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2023 Source of revenues Special revenue funds Highway User Revenue Fund Highway User Tax $1,676,376 1,825,749 1,889,520 Vehicle License Tax 818,040 819,847 789,485 Local Sales Tax 1,145,328 1,174,941 1,197,552 In-Lieu Fees 200,000 3,711 100,000 Recycle Proceeds 1,000 2,311 1,000 Interest 24,000 457 10,000 Miscellaneous 30,000 14,736 30,000 $3,894,744 $3,841,750 $4,017,557 Downtown Strategy Fund Sales-Excise Tax $114,528 117,494 119,755 Interest 1,260 (7,744)1,260 $115,788 $109,750 $121,015 Economic Development Fund Sales-Excise Tax $458,136 469,976 479,021 Miscellaneous Interest 240 24 240 $458,376 $470,001 $479,261 Tourism Fund Grants $50,000 63,715 65,000 Interest 180 35 180 Miscellaneous 1,621 $50,180 $65,372 $65,180 Special Revenue - Grants Intergovernmental-State $1,190,000 97,209 1,190,000 Intergovernmental-Federal $3,006,550 4,208,150 10,000,000 $4,196,550 $4,305,359 $11,190,000 Public Art In-Lieu Fees $100,000 100,000 Interest 240 12 240 $100,240 $12 $100,240 Court Enhancement Fund Court Enhancement/JCEF Revenue $49,000 27,606 49,000 Interest 900 110 900 $49,900 $27,716 $49,900 Environmental Fund Environmental Fee $11,066 Interest 2,400 72 2,400 $2,400 $11,138 $2,400 Cottonwoods Maintenance District Assessments $6,381 6,432 8,670 Interest Income $72 2 72 $6,453 $6,434 $8,742 Total special revenue funds $8,874,631 $8,837,532 $16,034,295 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2022 2022 2023 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2023 Source of revenues Debt service funds General Obligation Debt Service Interest Income 1,200 22 1,200 $1,200 $22 $1,200 Eagle Mountain CFD Assessments 6,444 1,380 Interest Income 240 2 100 $240 $6,446 $1,480 Municipal Property Corp Interest Income 840 2 100 $840 $2 $100 Total debt service funds $2,280 $6,470 $2,780 Capital projects funds Capital Projects Fund Sales Tax-Local 1,117,416 848,145 1,141,951 Grants 472,344 Interest 19,200 (154,018)10,000 $1,608,960 $694,127 $1,151,951 Fire Development Fee Fund Development Fees 23,623 32,812 15,221 Interest Income 2,400 56 1,000 $26,023 $32,868 $16,221 Streets Development Fee Fund Development Fees 331,074 272,125 239,438 Interest Income 25 1,000 $331,074 $272,150 $240,438 Parks & Recreation Development Fee Fund Development Fees 336,517 255,213 204,348 Interest Income 4,800 162 1,000 $341,317 $255,375 $205,348 Total capital projects funds $2,307,374 $1,254,519 $1,613,958 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2022 2022 2023 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2023 Source of revenues Permanent funds N/A $$$ $$$ Total permanent funds $$$ Enterprise funds N/A $$$ $$$ Total enterprise funds $$$ *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2022 2022 2023 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2023 Source of revenues Internal service funds Facilities Reserve Fund Miscellaneous Interest Income 7,200 (152,759)1,000 $7,200 $(152,759)$1,000 Technology Replacement Fund Interest Income 66 $$66 $ Vehicle Replacement Fund Miscellaneous Interest Income 2,400 225 1,000 $2,400 $225 $1,000 Total internal service funds $9,600 $(152,469)$2,000 Total all funds $33,872,179 $34,065,915 $42,457,288 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Fund Sources (Uses)In (Out) General Fund Streets Fund $$$$2,100,000 Environmental Fund 500,000 Facilities Reserve Fund 1,500,000 Technology Replacement Fund 57,263 Vehicle Replacement Fund 265,717 Total General Fund $$$$4,422,980 Special revenue funds Streets Fund from General Fund $$$2,100,000 $ Environmental Fund from Gen Fund 500,000 Tourism Fund from Economic Dev 97,340 Economic Dev Fund to Tourism Fund 97,340 Special Revenue Funds to Tech Repl.7,754 Special Revenue Funds to Vehicle Repl.59,841 Total special revenue funds $$$2,697,340 $164,935 Debt service funds N/A $$$$ Total debt service funds $$$$ Capital projects funds Capital Projects Fund $$$275,000 $ Parks & Rec Development Fee Fund 275,000 Total capital projects funds $$$275,000 $275,000 Permanent funds N/A $$$$ Total permanent funds $$$$ Enterprise funds N/A $$$$ Total enterprise funds $$$$ Internal service funds Facilities Reserve Fund from Gen Fund $$$1,500,000 $ Technology Replacement Fund 65,017 Vehicle Replacement Fund 325,558 Total Internal Service Funds $$$1,890,575 $ Total all funds $$$ 4,862,915 $ 4,862,915 2023 2023 Town of Fountain Hills Other financing sources/(uses) and interfund transfers Fiscal year 2023 Other financing Interfund transfers 3/22 Arizona Auditor General Schedule D Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses Fund/Department 2022 2022 2022 2023 General Fund Mayor & Town Council $74,929 $$63,809 $76,619 Administration 2,480,581 74,800 2,360,138 2,672,360 General Government 4,622,841 1,203,712 831,094 5,141,607 Municipal Court 428,144 418,478 446,749 Public Works 1,251,933 6,500 1,039,831 1,497,800 Development Services 1,183,415 1,035,967 1,359,678 Community Services 3,195,568 81,604 2,996,051 3,695,572 Fire & Emergency Medical 4,286,584 (3,158,676)1,085,773 4,457,834 Law Enforcement 5,154,300 (1,049,474)4,104,827 5,456,036 Total General Fund $22,678,294 $(2,841,534)$13,935,967 $24,804,255 Special revenue funds Streets Fund $5,846,567 $$2,224,067 $5,908,110 Downtown Strategy Fund 40,200 20,000 61,792 65,200 Economic Development Fund 244,499 167,436 217,920 Tourism Fund 210,893 133,217 277,114 Special Revenue Fund 2,055,981 2,779,169 4,523,825 5,190,000 Public Art Fund 144,649 28,227 144,649 Court Enhancement Fund 78,800 19,995 89,850 Environmental Fund 627,082 581,412 627,100 Cottonwoods Maint District 17,131 14,920 12,388 Total special revenue funds $9,265,802 $2,799,169 $7,754,892 $12,532,331 Debt service funds General Obligation Bonds $350 $$$350 Eagle Mountain CFD 1,000 667 14,200 Municipal Property Corp 1,010 13 1,010 Total debt service funds $2,360 $$680 $15,560 Capital projects funds Capital Projects $6,223,000 $$2,991,734 $8,157,040 Fire/Emergency Dev Fee Streets Dev Fee Park/Rec Dev Fee Total capital projects funds $6,223,000 $$2,991,734 $8,157,040 Permanent funds N/A $$$$ Total permanent funds $$$$ Enterprise funds N/A $$$$ Total enterprise funds $$$$ Internal service funds Facilities Reserve Fund $848,638 $23,730 $840,148 $550,000 Technology Replacement Fund 50,000 43,971 50,000 Vehicle Replacement Fund 56,000 18,635 33,300 Total internal service funds $954,638 $42,365 $884,119 $633,300 Total all funds $ 39,124,094 $0 $ 25,567,393 $ 46,142,486 * Expenditures/expenses by fund Fiscal year 2023 Town of Fountain Hills Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule E Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses 2022 2022 2022 2023 Mayor & Council General Fund $74,929 $$63,809 $76,619 Department total $74,929 $$63,809 $76,619 Administration General Fund $2,480,581 $74,800 $2,360,138 $2,672,360 Downtown Strategy Fund 40,200 20,000 61,792 65,200 Economic Development Fund 244,499 167,436 217,920 Tourism Fund 210,893 133,217 277,114 Special Revenue Fund 2,055,981 2,779,169 4,523,825 5,190,000 General Obligation Debt 350 350 Eagle Mountain CFD 1,000 667 14,200 Municipal Property Corp 1,010 13 1,010 Cottonwoods Maint District 17,131 14,920 12,388 Capital Projects 299,000 (8,938)678 568,640 Technology Replacement Department total $5,350,644 $2,865,031 $7,262,687 $9,019,182 General Government General Fund $4,622,841 $1,203,712 $831,094 $5,141,607 Technology Replacement 50,000 43,971 50,000 Vehicle Replacement 56,000 18,635 33,300 Department total $4,728,841 $1,222,347 $875,065 $5,224,907 Municipal Court General Fund $428,144 $$418,478 $446,749 Court Enhancement Fund 78,800 19,995 89,850 Department total $506,944 $$438,473 $536,599 Public Works General Fund $1,251,933 $6,500 $1,039,831 $1,497,800 Streets Fund 5,846,567 2,224,067 5,908,110 Environmental Fund 627,082 581,412 627,100 Capital Projects 3,589,000 8,938 1,399,886 4,770,600 Facilities Replacement Fund 848,638 23,730 840,148 550,000 Vehicle Replacement Department total $12,163,220 $39,168 $6,085,344 $13,353,610 Development Services General Fund $1,183,415 $$1,035,967 $1,359,678 Department total $1,183,415 $$1,035,967 $1,359,678 Community Services General Fund $3,195,568 $81,604 $2,996,051 $3,695,572 Public Art Fund 144,649 28,227 144,649 Capital Projects 2,285,000 1,591,170 2,817,800 Park/Rec Development Fee Department total $5,625,217 $81,604 $4,615,448 $6,658,021 Fire & Emergency Medical General Fund $4,286,584 $(3,158,676)$1,085,773 $4,457,834 Department total $4,286,584 $(3,158,676)$1,085,773 $4,457,834 Law Enforcement General Fund $5,154,300 $(1,049,474)$4,104,827 $5,456,036 Department total $5,154,300 $(1,049,474)$4,104,827 $5,456,036 * Expenditures/expenses by department Fiscal year 2023 Town of Fountain Hills Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Department/Fund 3/22 Arizona Auditor General Schedule F Official City/Town Budget Forms Full-time equivalent (FTE) Employee salaries and hourly costs Retirement costs Healthcare costs Other benefit costs Total estimated personnel compensation 2023 2023 2023 2023 2023 2023 67.85 $ 4,494,108 $482,504 $489,632 $289,830 $ 5,756,074 Streets Fund 6.05 $469,053 $57,155 $78,153 $49,026 $653,387 Economic Development Fund 1.00 130,000 15,860 14,593 8,378 168,831 Tourism Fund 1.00 77,818 9,494 7,682 3,280 98,274 Total special revenue funds 8.05 $676,871 $82,509 $100,428 $60,684 $920,492 $$$$$ Total debt service funds $$$$$ $$$$$ Total capital projects funds $$$$$ $$$$$ Total permanent funds $$$$$ $$$$$ Total enterprise funds $$$$$ $$$$$ Total internal service fund $$$$$ Total all funds 75.90 $ 5,170,979 $565,013 $590,060 $350,514 $ 6,676,566 Fund Town of Fountain Hills Full-time employees and personnel compensation Fiscal year 2023 General Fund Internal service funds Special revenue funds Debt service funds Capital projects funds Permanent funds Enterprise funds 3/22 Arizona Auditor General Schedule G Official City/Towns Budget Forms ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Ordinance 22-01, amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of family and community residence, the regulations for community residences, and provide the zoning districts where community residences are permitted. Staff Summary (background) At the April 5, 2022, Council meeting, the Council held a public hearing and began discussion of possible amendments to the Zoning Ordinance to update the provisions as they apply to group homes.  Group homes provide the opportunity for housing for a wide variety of people with disabilities.  Federal laws and state licensing requirements set the basic parameters within which local regulations can operate. At the April 5 hearing, the Council reviewed the recommended ordinance submitted by the Planning and Zoning Commission and considered several modifications suggested by staff.  A copy of the staff report for the April 5 meeting is attached.  At the April 5 hearing, the Council resolved many of the items brought up by staff to better incorporate some of the last changes made by the Planning and Zoning Commission.  Also attached is a revised, strike through, copy of the ordinance incorporating the items already agreed on by the Council. The Council requested further information on five key provisions before finalizing the ordinance modification.  Each of these items is reviewed below.  Also attached is a document which contains the information staff found looking at similar regulations in other communities.  The first two pages provide a summary of the findings, the ordinance provisions from those jurisdictions is attached on the following pages. Number of residents The proposed ordinance includes a new definition for Community Residences with sub-categories of Family Community Residences and Transitional Community Residences.  As recommended by the Planning and Zoning Commission, the Family residences would be allowed up to 8 residents, including resident staff, and the Transitional residences would be allowed up to 8 residents, including resident staff.  The Town's current ordinance allows up to 10 residents, excluding staff, for all types of group homes. Given the judicial history of regulations around this type of land use, staff wants to ensure the Council has fully considered the potential impacts and options that will best serve the Town.  The number of residents recommended by the Planning and Zoning Commission were established using demographic information regarding household sizes in Fountain Hills.  Some previous court decisions have suggested this is not considered a valid approach to these regulations. As shown in the attached document, most jurisdictions allow up to 10 residents, mostly without resident staff.  One allows up to 12.  Several set a cap of 12 for all residents, including staff.  Staff identified three communities with lower limits. These are:  Gilbert.  Gilbert sets the maximum number of residents at 5, unless the home has a license from the state.  Licensed facilities can have up to 10 residents. Chandler.  Chandler limits the maximum number of residents to 5.  Chandler also, however, allows for approval of a Reasonable Accommodation to increase the number up to 10.  Staff in Chandler report that no requests for reasonable accommodation have been denied in the last three years. Tempe.  Tempe amended its ordinance last year to reduce the number of residents in group homes from 10 to 5.  An increased number is possible through a reasonable accommodation, but no requests have been made to date.  The Tempe procedures require an annual fire inspection of all homes with 6-10 residents.  With 74 existing homes, this was becoming a staffing and management issue.  Existing homes are "grandfathered" in and may continue with the approved number of occupants. Separation The reasoning behind community residences is to provide the residents an opportunity to be part of a neighborhood to assist in the habilitation and rehabilitation.  If there are too many homes in a limited area, they can create an institutional area that defeats the goal.  Therefore, some type of limitation to the number of homes in a geographic area is appropriate.  Requiring too much of a separation can create an unnecessary limitation on the places available to provide homes for disabled individuals in the community.   One of the concerns that has been expressed about these homes is possible environmental impacts that can occur from the residents (noise, smoke, etc.).  These impacts could just as easily occur with residents of any home.  If there are issues with these types of environmental impacts, they could be addressed more efficiently for all homes by improving regulations specifically targeted at these issues. The current separation requirement for the Town is 1,200 feet. The recommendation from the Planning and Zoning Commission is a 2,640 foot separation.  The increase will significantly limit the areas available.  The attached table lists the findings of staff regarding the separation requirements in other Arizona jurisdictions.  The greatest separation requirement found has been 1,320' (four jurisdictions, including Paradise Valley).  Eight cities have a 1,200' separation requirement, one has 800' measures along the right-of-way versus a straight line, and one is 660' or 7 lots (Cave Creek).  Three jurisdictions have no separation requirement. There was some discussion at the previous Council meeting about using a distance between the current ordinance requirement and the 2,460' in the current draft ordinance.  One option would be to split the difference and set the requirement at 1,830 feet.  This would limit the homes to approximately one every three blocks.  Unannounced inspections The review of ordinances from other jurisdictions found various approaches to inspection of group homes.  Some communities require initial inspections for life safety issues, some do not.  Some require an annual inspection for life safety issues, some do not.  Staff did not find any local jurisdictions that allow for or require unannounced inspections.  The Apache Junction ordinance does state that the City may require an annual inspection in accordance with the AZDHS inspection checklist. Insurance There is a recognition that operators of a community residence should have insurance in excess of a typical homeowner policy to cover issues which can occur.  That has been extended to a provision in the ordinance requiring a minimum level of coverage, evidence that the applicant has the insurance, and that the policy provides a waiver of subrogation for the Town.  Questions have been raised about the need to require insurance for this land use when it is not required for any other type of land use. Some citizens have pointed out that Prescott, Phoenix, and Mesa have included insurance requirements in their ordinances.  The ordinances that required insurance were ordinances regarding licensing of structured sober living homes, not registering community residences.  Both Prescott and Phoenix have repealed their ordinances for structured sober living and did not include the insurance provisions in their new regulations for community residences.  When Mesa adopted its ordinance for structured sober living, an uncodified provision of the ordinance included a sunset provision canceling the ordinance when the state adopted its rules for licensing sober living homes.  This ordinance is no longer in effect, and will be officially repealed at some point.  Mesa did not include an insurance requirement for the registering of community residences. Staff did not find an insurance requirement in any of the other ordinances reviewed. Reasonable accommodation In the previous staff report there was a discussion of the importance of having an established process for considering requests for waivers from whatever standards are set.  Having an established process provides an administrative avenue to look at and consider modifications based on unique and specific circumstances.  This is very much like providing the variance procedure in the zoning ordinance. There was some discussion at the last Council meeting on this topic but since the Council had not been able to discuss the implications of the various options in the executive session, the discussion was limited with no specific direction given.   There is some confusion with the existing terminology being used.  The ordinance itself is providing a "reasonable accommodation" to allow group homes as an exception to the definition of a family.  While most codes that provide for these waivers do refer them as reasonable accommodation waivers, there is no reason the Town could not use some alternate language.  This section of the ordinance could simply be titled "Modifications", "Waivers", or "Adjustments" for example.  The section could be worded as follows:    Waiver.  To establish a community residence for more than 10 individuals with disabilities or to reduce the separation requirement to less than 1,200’, the applicant may apply for a waiver.       Existing Group Homes Existing Group Homes A related topic is how any change in the ordinance would affect or impact any existing homes that do not comply with the new regulations.  For example, there are a handful of existing group homes that are operated as senior living or assisted living group homes.  Section 4.01 B 1 of the Zoning Ordinance defines Nonconforming Use as "a use of a structure or land, which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located."  Section 4.01 C 1 states that legally nonconforming uses my continue provided the use is not discontinued for a period of more than 12 months.  Therefore, the existing homes will be able to continue to operate at their current locations with the approved number of residents unless the use is discontinued, or they lose their state license. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission recommended approval of an ordinance at their March 14 meeting.  That ordinance was attached to the previous staff report for the Council's review and consideration. Staff Recommendation(s) Staff supports approval of an ordinance amendment to better address this land use and meet the needs of the Town.  Staff will continue to work with the Council to finalize and ordinance for approval. SUGGESTED MOTION MOVE to adopt Ordinance 22-01 including any amendments as discussed by Council. Attachments Ord. 22-01  Comparisons  4.5.22 Council Staff Report  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Klein 04/21/2022 08:26 AM Development Services Director (Originator)John Wesley 04/21/2022 09:40 AM Town Attorney Aaron D. Arnson 04/21/2022 11:16 AM Town Manager Grady E. Miller 04/25/2022 05:55 PM Form Started By: John Wesley Started On: 04/18/2022 06:55 AM Final Approval Date: 04/25/2022  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 (known 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 ORDINANCE 22-01 PAGE 2 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, 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 property 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, WHERE INDIVIDUALS LIVEING 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 WITH FIVE (5) TO EIGHT (8) BEDS, INCLUDING RESIDENT STAFF THAT IS A RELATIVELY PERMANENT LIVING ORDINANCE 22-01 PAGE 3 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 ORDINANCE 22-01 PAGE 4 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. 4.3. 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 ACKNOWLEDGE- MENT 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 AGGREGATE WITH A WAIVER OF SUBROGATION FOR THE TOWN. 6. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY CERTIFICATION APPLICATION REQUIREMENTS THAT PROVIDE: ORDINANCE 22-01 PAGE 5 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 MARICOPA 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. A COPY OF THE STANDARD RESIDENCY AGREEMENT FOR INDIVIDUALS TO OCCUPY THE COMMUNITY RESIDENCE. 12. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE OR MEDICATION DISTRIBUTION WILL BE SOLICITED OR OCCUR ON- PREMISES AND THAT MEDICATION DISTRIBUTION WILL NOT EXCEED WHAT WOULD NORMALLY BE EXPECTED IN A FAMILY HOME. 13. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE. C. REGISTRATION: 1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN IS REQUIRED PRIOR TO BEGINNING OPERATION. AN APPROVED REGISTRA- TION IS VALID FOR ONE YEAR FROM DATE ADMINISTRATIVELY ISSUED. ORDINANCE 22-01 PAGE 6 2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR REGISTRA- TION, 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. 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. D. A TOWN BUSINESS LICENSE, IF APPLICABLE 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. ORDINANCE 22-01 PAGE 7 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. E. VERIFICATION OF THE CURRENT, APPROPRIATE MARICOPA COUNTY TAX STATUS F. A COPY OF THE CURRENT INSURANCE POLICY AS REQUIRED IN B. 5. 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. D. 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. ORDINANCE 22-01 PAGE 8 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. 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. ORDINANCE 22-01 PAGE 9 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 3rd day of May 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 Review of Group Home Requirements for Arizona Cities and Towns City/Town # Residents Spacing Insurance Inspections Waivers Apache Junction 10, excluding staff, but no more than 12 with staff 1,200’ No Annual inspections may be required No Cave Creek 10, excluding staff 660’ or 7 lots, whichever is greater; No No Yes Chandler 5, excluding staff; with waiver then can go up to 10 1,200’ No No Yes Flagstaff 10, including staff Did not find any separation requirements No No No Gilbert 5, unless permitted by State license, then up to 10, excluding staff 1,200’ No No Yes Glendale 6 or more (no cap), not statement on staff 1,200’ No No Yes Maricopa County 10, including resident staff 1,200’ No No Yes Mesa 10, excluding staff 1,200’ No No Yes Oro Valley 10, excluding staff 1000’ No No No City/Town # Residents Spacing Insurance Inspections Waivers Paradise Valley 10, excluding staff 1,320’ No No Yes Peoria 10, excluding staff 1,320’ No No No Phoenix Up to 5, no requirements 6 – 10, excluding staff 1,320’ (for 6 – 10) No No Yes Prescott 12, excluding staff 800’, measured along ROW No No Yes Tempe 5, excluding staff 1,200’ No No Yes Sedona No cap, includes reasonable number of staff No separation requirement No Director can inspect license from State to ensure use meets definition No Scottsdale 10 disabled, 12 with staff 1,200’ No No Yes Yuma 10, excluding staff 1,320’ No No No Specific Code Sections Apache Junction § 1-6-10 GROUP CARE HOMES. (A) Definition. For purposes of city regulation, GROUP CARE HOMES are limited to assisted living homes for the elderly, adult foster care homes, adult day health care facilities and group homes for the developmentally disabled. (B) Requirements. Group care homes are permitted subject to the following requirements: (1) Permit required for single-family residential districts. An administrative use permit ("AUP") shall be required prior to construction and/or operation of a group care home with 10 or less residents. This limitation does not include the operator of the facility, members of the operator's family or staff persons, except that the number of all persons living in the residential facility shall not exceed 12. Gro up care homes with greater than 10 residents shall not be allowed. (2) Permit required for multi-family residential and non-residential districts. A conditional use permit ("CUP") shall be required prior to construction and/or operation of a group care home. The number of residents shall be subject to the conditions of the CUP. (3) Sign restrictions. No signs, graphics, displays, or other visual means of identifying the group care home shall be visible from a public street. (4) Separation requirement. A separation between group homes of no less than 1,200 feet is required. Separation distances shall be measured from the property lines. (5) Information requirement. Copies of all materials including licenses, certifications, or registrations required for the group care home by a county, state or federal agency shall be submitted to the city. (6) Kitchen requirement. A common kitchen facility to serve all resident shall be required. (7) Garbage. Any large and/or multiple trash receptacles not usually found in the residential area shall be screened from public view. (8) Exterior design. No exterior change that would alter the building's residential character shall be made to the exterior of the building and grounds. (9) Compliance with Building Code. The proposal shall comply with all applicable building and fire safety regulations. (10) Annual home inspections. The Director or designee may require and perform annual home inspections in accordance with the Arizona Department of Health Services ("DHS") inspection checklist and forward the findings of the inspection to DHS for further review and action. The administrative process for conducting these inspections shall be established by city staff and will be available at the Development Services Department. (11) Preemptions. Notwithstanding the forgoing, if the state has adopted laws or rules for the regulation of a specific type of group home, then any such state law or rule shall apply in addition to the conditions listed herein and/or shall preempt any conflicting condition listed herein. Cave Creek SECTION 2.2 SINGLE RESIDENCE (R) ZONES A. Purpose: The purpose of the Single Residence (R) zone is to conserve and protect residential areas intended for single residential dwelling unit uses, taking into consideration existing conditions, current land use, lot sizes, and future land use needs. B. Allowable Uses: 9. Community residence. Except as required by state law, a community residence shall be permitted only when a. It is located at least 660 linear feet or seven lots, whichever is greater, from the closest existing community residence as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence, and b. The community residence or its operator is granted: (1) Any available license or certification that the State of Arizona requires to operate the proposed community residence within 120 days of the date on which the first individual occupies the community residence; or (2) If not required to be licensed by the State of Arizona, certification by the Arizona Recovery Housing Association within 120 days of the date on which the first individual to occupy the community residence; or (3) A “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued. c. A community residence that is denied a license that the State of Arizona requires or had its license suspended or revoked, been denied certification by the Arizona Recovery Housing Association or had its certification suspended or revoked, or been denied a permanent Oxford House Charter or had its Oxford House Charter revoked or suspended, is not allowed in the Town of Cave Creek and must cease operation and vacate the premises within 30 days of the date on which its license, certification, or Oxford House Charter is denied, suspended, or revoked. Each community residence must provide evidence to the Planning Director that it has been granted its license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. d. No more than ten individuals occupy the community residence. e. Except as required by state law, a proposed community residence must obtain a Disability Accommodation in accord with Section 14.3C.11 of this code when: (1) It would be located within 660 linear feet or seven lots, whichever is greater, from the closest existing community residence as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence; or (2) The State of Arizona, Arizona Recovery Housing Association, and Oxford House do not offer a license, certification, or Oxford House charter for the proposed community residence; or (3) More than ten individuals would occupy the community residence. Chandler (Saved copy of application) 35-200. - Definitions. Family: One (1) or more persons living together as a single housekeeping unit in a dwelling unit. Group home: A residential dwelling unit for a group of no more than five (5) unrelated non - transient persons, excluding staff, who do not have a disability, and are not living together as a single housekeeping unit. Group home facilities may or may not be licensed by the state or another governmental authority. This definition shall not include group homes for the developmentally disabled nor adult foster care homes as specifically defined and provided for by the Arizona Revised Statutes. 35-2212. - Group homes. (1) Purpose. Group homes are permitted in all single family districts subject to the requirements provided herein. The purpose of these regulations is to permit a group of unrelated persons who are not living together as a single housekeeping unit to reside i n single family residential neighborhoods while preserving the residential character of the neighborhood. (2) Registration. Group homes shall submit a completed zoning clearance application and required supplemental materials to the Planning Division on a form established by the Zoning Administrator. For group homes that are licensed by the state, county or other governmental authority, tentative zoning clearance may be issued upon verifying the application complies with the standards below. Said group home s shall be considered to be registered with the city at the time they receive tentative zoning clearance and shall submit to the city a copy of the license issued by the state, county or other governmental authority within ninety (90) days, or said registration shall be withdrawn. For group homes that are not licensed by the state, county or other governmental authority, zoning clearance may be issued in place of tentative zoning clearance at which time the group home shall be considered to be registered wi th the city. In all cases, registration for group homes shall terminate when the group home use ceases. (3) Standards. Group homes shall be subject to the continued, full and complete compliance with the following standards: 1. Capacity. The number of residents, excluding staff, shall not exceed five (5). 2. Location. Group homes shall be separated a minimum of one thousand two hundred (1,200) feet from other registered group homes and residential care homes, except no separation is required when said faciliti es are separated by a freeway, arterial street, canal, or railroad. For the purposes of this subsection, all separation distances shall be measured from the property lines. 3. Signage. The group home shall have no identification from a public street by sig nage, graphics, display, or other visual means, except for signage otherwise permitted under Chapter 39, section 39-9 of the Chandler Sign Code. 4. Code compliance. The group home shall be in compliance with all applicable city codes, including building codes, fire safety regulations, zoning and subdivision codes. 5. Parking. Any parking for the group home shall be on site and comply with requirement s set forth in Article XVII Parking and Loading Regulations. 6. Maintenance. The exterior of the dwelling and yards shall be kept in a condition that is consistent with the neighborhood pursuant to Chapter 30, Neighborhood Preservation, of the City Code. 7. Exclusive use. All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the group home. Flagstaff 10-80.20.070 Definitions, “G” Group Home: A residential facility for eight or fewer unrelated persons providing living facilities, sleeping rooms, and meals in a family-like environment. The number listed does not include the operator, members of the operator’s family, or persons employed by the operator as staff, except that the total number of persons living in a group home shall not exceed 10. This use shall be considered as a single-family dwelling in terms of applicable building form standards. Residents are supervised by a sponsoring entity or its staff which furnishes rehabilitative services to the group home residents. A group home is owned or operated under the auspices of a nonprofit association, private care provider, government agency, or other legal entity, other than the residents themselves or their parents or other individuals who are their legal guardians. A group home imposes no time limit on how long an individual can reside in the group home. A group home is a relatively permanent living arrangement where tenancy is measured in years. This category does not include a home for the developmentally disabled or other institutional uses such as protective living or sheltered care facilities. See “Institutional Residential.” Gilbert 5.1.5 Group Homes for the Handicapped 5.1.5 Group Homes for the Handicapped Group Homes for the Handicapped allow persons with disabilities to reside in single family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood and prevent a concentration of such facilities in any area so as to institutionalize that area. A. Registration A completed registration form shall be submitted to the Development Services Department on a form established by the Planning Manager or authorized designee. Registration shall become effective upon issuance of a Certificate of Occupancy for the group home and shall terminate when the group home use ceases. No registration shall be accepted for a group home that does not comply with the requirements of the Zoning Code. B. Zoning Confirmation Prior to registration, a request for zoning confirmation may be submitted to the Development Services Department to confirm that the proposed location of the group home is permitted under this section. C. Standards 1. Separation The minimum separation between group homes and between any group home and any recovery residence shall be 1,200 feet, as measured from the closest property lines. No separation is required when group homes or a group home and recovery residence are separated by a utility right-of-way of at least 300 feet in width, or by a freeway, arterial street, canal, or railroad. 2. Occupancy The number of residents, excluding staff, shall not exceed five (5) (unless permitted by State License for up to 10). 3. Exterior Appearance a. Group Homes shall comply with all Applicable Building and Fire Safety Regulations. b. If a group home has one or more non-ambulatory residents, building code requirements in addition to those applicable to group homes with no non- ambulatory residents, shall apply. 4. Licensing Group homes shall comply with applicable licensing requirements. If a group home is required by Arizona law to obtain a State License, a copy of that license and all renewals thereto shall be provided to the Town for record-keeping purposes within 10 days of receipt by the group home operator. 5. Parking Any parking for the group home shall be on site and comply with the requirements of Circulation, Parking and Loading. 6. Tenancy No group home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or to substantial physical damage to the property of others. 7. Exclusive Use All administrative activities including staffing, counseling and other visitations, shall serve only the residents of the group home. D. Additional Requirements of State Law Notwithstanding the foregoing, if the State has adopted laws or rules for the regulation of a specific type of home, such as a group home for the developmentally disabled pursuant to A.R.S. § 36 -582, as amended, or an assisted living home pursuant to A.R.S. Title 36, Chapter 4, then any such State law or rule shall apply in addition to all of the conditions listed below and shall preempt any conflicting condition listed herein. E. Request for Accommodation 1. If a Group Homeowner believes any requirement of the Zoning Code prevents the establishment of a group home, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the group home’s needs, to address the Town’s safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the Town Attorney, review the written request and determine: a. Whether an accommodation should be made pursuant to the requirements of the Fair Housing Act. b. The nature of the accommodation taking into consideration the requirements of the Fair Housing Act, public safety and welfare concerns, and the residential character of the neighborhood. c. The extent of the accommodation required to comply with the Fair Housing Act. 5.1.6 Recovery Residence 5.1.6 Recovery Residence The purpose of these regulations is to permit persons recovering from substance abuse, and their minor children, to reside in a group setting in residential neighborhoods in order to facilitate integration and stabilization and to provide reasonable regulations to maintain the residential character of neighborhoods and prevent a concentration of such facilities in an y particular area so as to institutionalize that area. A. Registration Required Prior to beginning operations, the owner or operator of a recovery residence shall submit a completed registration form to the Development Services Department on a form established by the Planning Manager or authorized designee. The registration shall become effective upon verification by the Zoning Administrator that the registration complies with the requirements of the Zoning Code and that the recovery residence operator has obtained a valid Town of Gilbert Business License for the recovery residence. A registration shall terminate when the recovery residence use ceases. B. Procedures 1. In addition to the registration form, the applicant shall submit an operations and management plan (“O&MP”) to ensure compliance with state and local laws. O&MP shall include: a. Name and address of the business owner b. Name, address and telephone number of the property owner and person in control of the property c. If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner d. Emergency contact telephone number e. The number of persons occupying each bedroom f. Maximum number of occupants g. A floor plan h. Resident screening process i. Guest and resident rules of conduct C. Standards 1. O&MP Compliance The recovery residence shall be operated and managed in compliance with the O&MP submitted with registration, a copy of which shall remain on file with the Development Services Department. 2. Separation The minimum separation between recovery residences and between a recovery residence and a group home shall be 1,200 feet as measured from the closest property lines. No separation is required when recovery residences or a recovery residence and a group home are separated by a utility right-of-way of at least 300 feet in width, or by a freeway, arterial street, canal, or railroad. 3. Occupancy The number of residents shall not exceed five (5), excluding staff and minor children. 4. Exterior Appearance a. Parking Parking for the recovery residence shall be on-site and shall comply with Circulation, Parking and Loading. b. Tenancy No recovery residence shall house any person whose tenancy would constitute a direct threat to the health or safety of other persons or to substantial physical damage to the property of others. c. Exclusive Use All administrative activities, including staff, counseling and other visitations, shall serve only the residents of the recovery residence. d. State License The applicant shall provide Gilbert with a copy of the State license required under A.R.S. § 36-2064 (A), as amended. D. Request for Accommodation 1. If a recovery residence owner believes any requirement of the Zoning Code prevents the establishment of a recovery residence, the owner may submit to the Zoning Administrator a written request for accommodation, accompanied by the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the recovery residence’s needs, to address the Town’s safety and welfare concerns, and to ensure compliance with this section. The Zoning Administrator shall, in consultation with the Town Attorney, review the written request and determine: a. Whether an accommodation should be made pursuant to the requirements of the Federal and State Fair Housing Laws. b. The nature of the accommodation taking into consideration the requirements of the Federal and State Fair Housing Laws, public safety and welfare concerns, and the residential character of the neighborhood. c. The extent of the accommodation required to comply with the Federal and State Fair Housing Laws. Glendale 7.502 - Group Homes. A residential home or building(s) for six (6) or more unrelated individuals providing living facilities and sleeping rooms and which also provides limited services, such as, but not limited to, meals, services to promote emotional support, life skills development and/or employment training. ("Group Homes") shall be permitted, provided that: A. No Group Home is located on a lot within one thousand three hundred twenty (1,320) feet, measured by a straight line in any direction, from the lot line of another Group Home, unless a disability accommodation is authorized under this section; 1.Disability accommodation. a. A disability accommodation from a development standard or separation requirement shall not be authorized unless the Board of Adjustment shall find upon sufficient evidence all of the following: (1) The requested accommodation is requested by or on the behalf of one (1) or more individuals with a disability protected under Federal and Arizona Fair Housing Laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.); (2) The requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a dwelling; (3) The standard or requirement unduly restricts the opportunity for a person with a disability from finding adequate housing within the City of Glendale; (4) The requested accommodation does not fundamentally alter the nature and purpose of the Zoning Ordinance of the City of Glendale; (5) The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in Federal or Arizona Fair Housing Laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.) and interpretive case law; b. The profitability or financial hardship of the owner/service provider of a facility shall not be considered in determining whether to grant a disability accommodation. c. The requested accommodation must comply with all applicable building and fire codes. d. The requested accommodation must not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. e. The requested accommodation shall be made in any form. However, upon receipt, the city may require the requestor to comply with the procedures ordinarily followed, including the submittal of an application and payment of the required fee as published in the fee schedule, and the city may require the requestor to comply with all public notification requirements. B. Where legally required, the Group Home is licensed by, certified by, approved by, registered with, or under contract with a Federal, State, or local government and evidence of such is provided to the Planning Department within sixty (60) days of approval of the Planning Department; C. No exterior change which would alter its residential character shall be made to the exterior of the building(s) and the grounds; D. The location of the Group Home has been approved by the Planning Department; and E. An administrative record of each Group Home shall be maintained with the Planning Department. Maricopa County SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY COMMUNITIES*1 ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery communities may locate and operate, and, as warranted, offering a reasonable accommodation to allow a community residence or recovery community as required by the Federal Fair Housing Act to locate within the minimum 1200 foot spacing distance, to allow a community residence to operate when no state license or certification is available, or to allow a community residence to exceed the maximum ten residents. ARTICLE 1207.2 GENERAL PROVISIONS: 1207.2.1. Community residences are permitted in all zoning districts except for C-O and C-S, subject to the provisions and standards outlined in this Section. 1207.2.2. Recovery communities are permitted in R-3, R-4, R-5, C-1, C-2, C-3, IND- 1, IND-2 and IND-3 zoning districts subject to the provisions and standards outlined in this section. ARTICLE 1207.3. STANDARDS: The following standards shall apply as specified to Community Residences and Recovery Communities: 1207.3.1. Location: 1. Except as required by state law, a community residence is permitted in all zoning districts where residences are permitted when it will be located at least 1200 linear feet from the closest existing community residence, group care facility or recovery community as measured from the nearest lot line of the proposed community residence to the nearest lot line of the closest existing community residence or recovery community and complies with the other provisions in Section 1207. 2. Except as required by state law, a recovery community is permitted in certain zoning districts where multiple-family housing is permitted when it will be located at least 1200 linear feet from the closest existing community residence, group care facility or recovery community as measured from the nearest lot line of the proposed recovery community to the nearest lot line of the closest existing community residence or recovery community and complies with the other provisions in Section 1207. 3. A reasonable accommodation may be granted in accord with Article 1207.3.7 to locate within 1200 feet of the closest existing Community Residence or Recovery Community. 1207.3.2. Maximum Number of People: 1. No more than ten unrelated individuals including live-in staff will occupy the community residence. 2. A reasonable accommodation to exceed ten occupants may be granted in accord with Article 1207.3.7.1.a. 1207.3.3. Characteristics of Occupants: 1. Residents shall not be adjudicated. 1207.3.4. Licensure: 1. No community residence or recovery community shall receive a Certificate of Occupancy until the use or its operator has been or will be issued: a. The license or certification that the State of Arizona requires to operate the proposed community residence or recovery community; or b. Provisional certification by the Arizona Recovery Housing Association and then permanent certification within 180 days of the date or which provisional certification was granted; or c. A “conditional” Oxford House Charter within 30 days of the date on which the first individual occupies the Oxford House and a “permanent” Oxford House Charter within 180 days after the “conditional” charter was issued; or d. When neither the State of Arizona nor the Arizona Recovery Housing Association does not offer a license or certification a proposed community residence, a reasonable accommodation has been issued in accord with Article 1207. 2. A reasonable accommodation may be granted for a community residence in accord with Article 1207.3.7.1.c. to operate when no state license or certification is available. 3. Upon application to establish a community residence or recovery community, the community residence or recovery community and/or its operator shall provide documented evidence that it has applied for any licensure the State of Arizona requires, for certification by the Arizona Recovery Housing Association, for an Oxford House Charter. 4. Upon termination, revocation, nonrenewal, or suspension of its license or certification, a Community Residence or Recovery Community must be closed within 60 calendar days, and the operator of the Community Residence or Community Residence must return residents to their families or relocate them to a safe and secure living environment. 1207.3.5. Annual Documentation: 1. The operator or owner of a community residence or recovery community shall provide to the Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House Charter within ten business days of the annual anniversary of being granted zoning approval. Failure to maintain annual documentation shall be immediate grounds to deem the community residence or recovery community and/or its operator in violation of the Zoning Ordinance. 1207.3.6. Ownership: 1. Any license or permit issued by the Department for a community residence or recovery community Maricopa County is assigned to the owner of record or to the principal or chief executive officer of the legal entity in possession of the property. 2. Any license or permit issued by the Department for a community residence or recovery community is not transferable and does not run with the land. 1207.3.7. Reasonable Accommodation: 1. The Zoning Inspector or their designee may grant a reasonable accommodation for reasons particular to the proposal of a community residence or recovery community under one or more of the following circumstances when it is found that the specified standards are met: a. A community residence or recovery community is proposed to be located fewer than the required 1200 linear feet of an existing community residence or recovery community may be granted reasonable accommodation to locate where proposed when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed community residence or recovery community is separated from the closest existing community residence or recovery community by an interstate, freeway, canal, or other right-of-way at least 300 feet wide; or the proposed community residence will not interfere with the use of neighbors without disabilities as role models and the normalization and community integration of the residents of the closest existing community residence or recovery community, and that the presence of other community residences and/or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence or recovery community; and 2. The proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by clustering community residences and/or recovery communities on a block face or concentrating them in a neighborhood. b. Except as required by state law, a reasonable accommodation to house more than ten unrelated individuals in a community residence may be approved only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed number of residents greater than ten is necessary to ensure the therapeutic and/or financial viability of the proposed community residence; and 2. The proposed community residence will emulate a biological family and operate as a functional family rather than as a boarding or rooming house, nursing home, short term rental, continuing care facility, motel, hotel, detoxification center, treatment center, rehabilitation center, institutional use, group care facility, or assisted living facility that does not comport with the definition of “community residence,” or any other nonresidential use; and 3. Allowing the requested number of residents in the proposed community residence will not interfere with the normalization and community integration of the occupants of any existing community residence or recovery communities and the use of neighbors without disabilities as role models. c. When the State of Arizona does not offer a license or certification for the type of community residence proposed and the population it would serve, the Arizona Recovery Housing Association does not offer certification, or the proposed community residence is not eligible to be granted an Oxford House Charter, a reasonable accommodation may be issued only when it is found that the applicant has demonstrated by a preponderance of the evidence that all of the following standards are met: 1. The proposed community residence will be operated in a manner essentially similar to that of a licensed or certified community residence; and 2. Staff who reside and/or work at the community residence will be adequately trained in accordance with standards typically required by state licensing or certification for a community residence; and 3. The community residence will emulate a biological family and be operated to achieve normalization and community integration; and 4. The rules and practices governing how the community residence operates will actually protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications. 1207.3.8. Violation: 1. When a community residence or recovery community and/or its operator is unable to comply with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4, 1207.3.5. and 1207.3.6. above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be relocated to safe and secure housing, and the community residence or recovery community must be vacated within 30 days of being found responsible at hearing. Mesa 11-31-14: - COMMUNITY RESIDENCES A community residence (family and transitional) shall be located, developed and operated in compliance with the land use regulations in Article 2 and the following standards: A. General Requirements. 1. Spacing Requirements. A minimum distance of 1,200 feet from the closest existing community residence, assisted living home, or assisted living center, as measured under section 11-2-3(C), unless separated by a significant intervening natural or manmade feature such as, but not limited to, a canal, municipal open space of at least ten (10) acres (e.g., park, golf course, etc.), a railroad, or a highway, that is approved by the Zoning Administrator. 2. Occupancy. Five (5) up to a maximum of ten (10) individuals (not including staff). 3. Licensure and Certification. A community residence must obtain one (1) or more of the following: (a) License or certification from the State of Arizona required to operate the proposed community residence; or (b) Certification by the Arizona Recovery Housing Association if not required to be licensed by the State of Arizona; or (c) A "Permanent" Oxford House Charter. B. Community Residences Requiring a Conditional Use Permit. In certain zoning districts community residences are not allowed by right but require the approval of a conditional use permit. A conditional use permit shall be granted only if the governing body finds that the applicant has demonstrated that all of the following criteria are met: 1. The proposed use will be compatible with the residential uses allowed as of right in the zoning district; 2. The proposed use in combination with any existing community residences, assisted living homes, and assisted living centers will not result in a clustering of such uses or alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere; and 3. The proposed use will not interfere with normalization and community integration of the residents of any existing community residences, assisted living homes, or assisted living centers, and that the presence of other existing community residences, assisted living homes, or assisted living centers will not interfere with normalization and community integration of the residents of the proposed use; 4. The applicant has submitted a "good neighbor policy" in narrative form that includes: (a) A description of acceptable measures to ensure ongoing compatibility with adjacent uses; (b) The name and telephone number of the manager or person responsible for the operation of the facility; (c) Complaint response procedures including investigation, remedial action, and follow-up procedures; and (d) The proposed use complies with all other development standards in this Chapter. C. Registration, Renewal, and Revocation. A community residence must register with the City and renew its registration as set forth below: 1. Registration Process for Community Residences That Do Not Require a Conditional Use Permit. An applicant for a community residence that does not require a conditional use permit to operate and is not requesting a reasonable accommodation under Section 11-31-14(D), must register with the City by submitting the City's registration application according to Chapter 67, Common Procedures. If the use complies with all City requirements, the applicant will receive provisional registration approval from the planning division. To obtain final registration, the applicant must provide evidence of the required license or certification within 120 days from the date the provisional registration was approved. 2. Registration Process For a Community Residence That Requires a Conditional Use Permit or is Requesting a Reasonable Accommodation. A community residence that requires a conditional use permit to operate or that requests a reasonable accommodation to the standards in Section 11-31- 14(a), must register with the city by submitting the City's application for a conditional use permit according to Chapter 67, Common Procedures, and by providing evidence of compliance with all City requirements. The request will be reviewed by the applicable governing body. approval of the conditional use permit grants the applicant provisional registration. To obtain final registration, the applicant must provide evidence of the required license or certification within 120 days from the date the provisional registration was approved; except registration for a community residence that is granted a reasonable accommodation to the license and certification requirement is considered final and no other action is required. 3. Registration Renewal. Registration of a community residence is valid for one (1) year and must be renewed annually on or before the expiration date of the registration. To renew a registration, the operator of a community residence shall submit to City an application for renewal and evidence of a current state license, certification or Oxford House Charter. 4. Revocation. The registration and conditional use permit obtained by a community residence may be revoked as set forth in this section: (a) Facilities Without a Conditional Use Permit. In the event the license, certification or Oxford House Charter for a community residence is denied or revoked, the City of Mesa registration will automatically terminate after 15 calendar days of the date of the City's written notification to the applicant; and the community residence must cease operation 45 calendar days from the date of the City's written notification. (b) Facilities With a Conditional Use Permit. A community residence that requires a conditional use permit to operate or that has applied for or received a special use permit for a reasonable accommodation and whose license, certification, or oxford house charter required in Section 11-31- 14(a)(3) is denied or revoked, the City of Mesa registration shall automatically terminate, and the conditional use permit is subject to the revocation process in Chapter 70. If the conditional use permit is revoked, the community residence must cease operation within 45 calendar days from the date the conditional use permit is revoked. D. Reasonable Accommodation. A community residence that does not meet the spacing, occupancy or licensure requirements may request a reasonable accommodation through the special use permit process. The accommodation being sought must be reasonable and necessary to afford individual(s) with disabilities an equal opportunity to use and enjoy housing that is the subject of the request. The process to apply for a special use permit are provided in Chapter 67, Common Procedures, except a citizen participation plan and report is not required. 1. Accommodation to Spacing Requirements. A special use permit to the spacing requirements shall be granted only if the governing body finds that the applicant has demonstrated that the proposed use meets all of the following criteria: (a) The proposed use will not interfere with the community integration of the residents of any existing community residences, assisted living homes, or assisted living centers, or their ability to interact with neighbors without disabilities; and the presence of other community residences, assisted living homes, or assisted living centers will not interfere with the community integration and interaction of the residents of the proposed use; (b) The proposed use in combination with any existing community residences, assisted living homes, or assisted living centers will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or by creating or intensifying a de facto social service district by clustering or concentrating community residences, assisted living homes, or assisted living centers; and (c) The proposed use complies with all other development standards in this Chapter. 2. Accommodation to Licensure Requirements. When the state, Arizona Recovery Housing Association or Oxford House does not offer a license, certification, or charter for the type of community residence and the population it will serve, the community residence may request a special use permit. the special use permit shall be granted only if the governing body finds that the applicant has demonstrated that all of the following criteria are met: (a) The proposed use will operate in a manner effectively similar to a licensed or certified community residence; (b) Staff will be adequately trained under standards typically required by the state or Oxford House for a community residence; (c) The proposed use will have operating rules and practices that will protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications; (d) The proposed use will emulate a family and will operate to achieve community integration; and (e) The proposed use otherwise complies with all other development standards in this Chapter. 3. Accommodation to Occupancy Limits. A community residence that wants to house more than ten (10) people may request a special use permit. A special use permit shall be granted only if the governing body finds that the applicant has demonstrated that the proposed community residence meets all of the following criteria: (a) The number of residents over ten (10) is needed for therapeutic viability of the proposed community residence; (b) The number of residents in the proposed community residence will emulate and operate as a family rather than a boarding house, skilled nursing facility, short-term rental, treatment center, social service facility or other nonresidential uses; and will not interfere with the community integration of the occupants of any existing community residences, assisted living homes, or assisted living centers; (c) The primary function of the proposed community residence is residential where any treatment is merely incidental to the residential use of the property; (d) The proposed community residence has sufficient parking for the requested number of occupants so as not to impact the adjacent properties; and (e) The proposed use complies with all other standards in this Chapter. Oro Valley Chapter 31 Definitions Assisted Living Home A dwelling unit used as a primary residence for ten (10) or fewer residents who receive supervisory care services, personal care services or directed care services on a continual basis. Family A person living alone, up to but no more than ten (10) persons unrelated to each other by blood, marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping unit, with common access to all living, eating, kitchen and storage areas within the dwelling unit. Section 25.1 Requirements for Specific Uses B. Requirements for Specific Nonresidential Uses 1.Assisted Living Home a. No assisted living home shall be located closer than one thousand (1,000) feet to another assisted living home. The minimum one thousand (1,000) foot separation shall be maintained between property lines, measured on a straight line. b. No assisted living home shall contain more than ten (10) residents and an appropriate number of support staff. Paradise Valley Article XVII. ASSISTED LIVING HOME 564 567 Section 1701. Assisted Living Home, subject to the following provisions: A. Distribution of Uses. No assisted living home shall be located on a lot within one thousand three hundred and twenty (1,320) feet, measured by a straight line in any direction, from the lot line of another assisted living home located within the Town of Paradise Valley or any other adjacent jurisdiction. B. Occupancy. The number of residents at such home shall be limited by applicable state laws, including any minimum square footage requirement per person, but in no event shall the number of residents exceed ten (10), not including staff. C. Licensure. Such home shall be licensed or certified by the State of Arizona, and satisfactory evidence thereof shall be on file with the Town. In the event that the State of Arizona revokes or terminates the license or certification to operate such a home, the person operating the home shall immediately cease operations and inform the Town of such revocation or termination. D. Administrative Review. Such home shall be reviewed and approved by the Planning Department Director, or designee, for building code and land use compliance prior to the use commencing. E. Code compliance. Such home shall comply with all applicable Town codes, including building codes, fire safety regulations, zoning and subdivision codes. F. Compatibility. Such home and its premises shall be maintained in a clean, well-kept condition that is consistent in materials and design style with homes in the surrounding or adjacent neighborhood. G. Threat to Community. Such 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. H. All parking by staff associated with such home shall be on site. Peoria Sec. 21-202 Definitions Family means: 1. An individual or two or more Family Members and usual servants living together as a single housekeeping unit in a dwelling unit, or 2. A group of not more than ten persons who need not be Family Members, living together as a single housekeeping unit in a dwelling unit. Sec. 21-812. - Group Homes, Day Care Group Homes, Group Care Facilities, and Community Residential Setting Facilities. A. Group Homes (SFR, RM-1, AG, SR-43, SR-35). Group Homes shall comply with the following: 1. The single-family residential character of the structure shall be maintained, and additions, alterations, modifications, or accessory uses shall be subject to the same requirements as individual single family detached dwelling units. 2. The applicant, owner, or proprietor shall file a Certificate of Registration with the Community Development Department, and the Community Development Director or designee, after ascertaining compliance with all applicable regulations, shall administratively approve the Certificate. 3. The property line of the lot on which the Home is located shall be a minimum of one thousand, three hundred twenty (1,320) feet, measured in a straight line in any direction, from the property line of a lot where any other similar residential facility is located. 4. In the event that the appropriate State licensing agency revokes or terminates an applicant's license, the Certificate of Registration filed with the City shall be deemed to be revoked as of the date of said revocation or termination. Phoenix Sec. 6.08 C Permitted Uses Sec. 6.08 D Permitted Uses with Conditions 2. Community residence home; provided, that: a. The home has no more than five residents, not including staff (unless permitted by Section 36-582(A), Arizona Revised Statutes); or b. For a home with six to ten residents, not including staff, the following conditions shall apply: (1) Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee as to compliance with the standards of this section as provided in Section 701. (2) No community residence home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another community residence home that has been registered with six to ten residents. (3) Disability accommodation from the spacing requirement may be requested by an applicant per Section 701.E.3. Prescott Table 2.3 Footnotes 2 “Stand-alone professional practices” (practices not having a residential component) are possible subject to the processing of a conditional use permit. 3 A community residence is allowed as of right if it (1) is at least 800 linear feet from the closest existing community residence as measured from the nearest property line of the proposed community residence to the nearest property line of the existing community residence along legal pedestrian rights-of-way, and (2) the operator or applicant is licensed or certified by the State of Arizona to operate the proposed community residence, ha s certification from an appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed community residence, except as required by state law. Except as provided by state law, a conditional use permit must be obtained in accord with the use standards specified in Section 2.4.17 for any community residence that does not meet both criteria (1) and (2). 2.4.17 / Community Residence, Family and Transitional (Residential Use Categories) Family and transitional community residences shall be subject to the following standards: A. A complete application to permit a community residence shall be submitted to the Community Development Director. If a Conditional Use Permit is required, a separate application must be submitted as set forth in Section 9.3. B. A required conditional use permit may be issued only if the proposed community residence meets the following standards: 1. The applicant demonstrates 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. 2. The applicant demonstrates 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. 3. The applicant demonstrates 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. C. If the state of Arizona does not require the proposed community residence to be licensed, services that require licensure under state law may not be provided at the community residence. D. To establish a community residence for more than 12 individuals with disabilities, the applicant may apply for a Waiver for Reasonable Accommodation for community residences for persons with disabilities which are considered and acted upon by the Community Development Director, or her designee. In all cases the Community Development Director shall make findings of fact in support of his determinations and shall render his decision in writing. The Community Development Director may meet with and interview the applicant to ascertain or clarify information sufficiently to make the required findings. To grant a Waiver for Reasonable Accommodation, the Community Development Director shall find affirmatively all of the following standards: 1. The applicant demonstrates 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. 2. The applicant demonstrates that the proposed community residence needs to house more than 12 residents for financial or therapeutic reasons. 3. The applicant demonstrates 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. 4. The applicant demonstrates 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. 5. The applicant demonstrates 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. An applicant may appeal denial of a Waiver for Reasonable Accommodation by the Community Development Director or her designee pursuant to Section 9.17. Tempe Section 3-409 - Group Homes for Adult Care, Persons with Disabilities, and Child Shelter. A. Purpose. The purpose of these regulations is to permit child shelters, and a group of unrelated persons with disabilities, to reside together in residential neighborhoods in compliance with the federal Fair Housing Act (Section 3601 of Title 42 of the United States Code), while preserving and maintaining the residential character of the neighborhood. The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. B. Applicability and Registration. Group homes are permitted in an individual dwelling unit on a lot within any district that allows residential uses, subject to the requirements provided herein. Group homes shall submit a completed verification application and required supplemental materials to the Community Development Department on a form established by the Zoning Administrator. A group home zoning clearance letter may be issued upon verifying the application complies with the standards listed in subsection C. 1. Group homes that are licensed by the state, county or other governmental authority, shall be considered to be registered with the City at the time they receive tentative group home zoning clearance and shall submit a copy of the license issued by the state, county or other governmental authority to the City within ninety (90) days, or said registration shall be automatically withdrawn. 2. For group homes that are not licensed by the state, county or other governmental authority, group home zoning clearance may be provided in place of a tentative zoning clearance at which time the group home shall be considered to be registered with the City. 3. In all cases, registration for group homes shall expire when the group home use ceases. The operator shall notify the Community Development Department within thirty (30) calendar days of the group home ceasing operation. Any new group home seeking registration of a prior group home site shall require a new application in compliance with the regulations set forth. C. Standards. Group homes shall comply with the following standards: 1. Capacity. The number of residents within a group home, excluding staff, shall not exceed five (5). 2. Location. Group homes shall not be located on a lot that is within one thousand two hundred (1,200) feet, measured by a straight line in any direction, from the lot line of another registered group home. 3. Signs. A group home shall have no identification from a public street by signage, graphics, display, or other visual means, except for signage permitted under Table 4-903B. Sign Type B of this Code. 4. Code compliance. A group home shall be in compliance with all applicable city codes, including building codes, fire safety regulations, zoning and subdivision codes. 5. Parking. Any parking for the group home shall be maintained on site and comply with requirements set forth in Part 4, Chapter 6 - Parking of this Code, and Section 21-3(b)(4), of the Tempe City Code. 6. Maintenance. The exterior of the dwelling and yards shall be kept in a condition that is consistent with requirements set forth in Section 21-3 of the Tempe City Code. 7. Exclusive use. All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the group home. D. Reasonable Accommodation Waiver. The purpose of this Section is to establish a procedure for persons with a disability to make a request for reasonable accommodation in the application of Tempe's zoning rules, policies, practices and procedures pursuant to Section 3604(f)(3)(b) of Title 42 of the Fair Housing Act which prohibits local government from refusing to make reasonable accommodations when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. A reasonable accommodation for a group home will be granted or denied, In accordance with the requirements stated herein. A request for such a reasonable accommodation waiver must be in writing and filed with the Zoning Administrator (exceptions for the waiver request to be in writing may be made on a case-by-case basis). In all cases, the Zoning Administrator, or designee, shall make findings of fact in support of their determination and shall render a decision in writing. The Zoning Administrator may meet with the person making the request for additional information or discuss an alternative accommodation, in order to ascertain or clarify information sufficiently to make the required findings. To grant a reasonable accommodation waiver, the Zoning Administrator shall find affirmatively all of the following: 1. The requesting party or future occupants of the housing for which the reasonable accommodation has been made are protected under the Fair Housing Act and/or the Americans with Disabilities Act; 2. The request is reasonable and necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling; 3. The request will be in compliance with all applicable building and fire codes; 4. The request will allow for the maintenance and preservation of the residential characteristics of the neighborhood and will not create a substantial detriment to neighboring properties by creating traffic impacts, parking impacts, impacts on water or sewer system, or other similar adverse impacts; and 5. Profitability or financial hardship of the owner/service provider of a facility shall not be considered by the Zoning Administrator in determining to grant a reasonable accommodation waiver. E. Appeal. An appeal of the decision by the Zoning Administrator may be made regarding reasonable accommodation to the Board of Adjustment pursuant to Part 6, Chapter 8, Appeals. Sedona Sec. 9.9 Other Defined Terms Family Any one of the following: (a) One or more persons related by blood, marriage or adoption, with or without minor children; or (b) One or more unrelated persons with disabilities residing in a group home licensed by the state of Arizona. A group home must maintain a copy of its current state license at the dwelling unit available for inspection by the Director in order to qualify as a family pursuant to this definition. For purposes of this definition, a “family” may include a reasonable number of staff persons, who may or may not be domiciled with the family, providing support services, including but not limited to domestic, medical, or other similar services; or (c) No more than a total of four unrelated adults with or without minor children, domiciled on a single residential lot. Scottsdale Sec. 5.102 (Residential) Use Regulations (2) Care home is subject to the following criteria: a. Floor area ratio: Is limited to thirty-five hundredths (0.35) of the net lot area. b. Capacity: The maximum number of residents, including up to ten (10) disabled persons, the manager/supervisor, property owner, and residential staff at the home is twelve (12) per residential lot. c. Location: A care home shall not be located within twelve hundred (1200) feet, measured from lot line to lot line, of another care home. d. Compatibility: The home and its premises shall be maintained in a clean, well-kept condition that is consistent in materials and design style with homes in the surrounding or adjacent neighborhood. e. Criteria: Care homes must be licensed by the State of Arizona and must provide proof of such licensing by the State of Arizona as a health care institution to the Director of Planning prior to the commencement of operations. All care homes must pass an initial and annual fire inspection administered by the Scottsdale Fire Department. Proof of such inspection and of correction of any noted deficiencies must be available at the care home at all times. f. Accommodation: A disabled person may request a disability accommodation from the above criteria or a development standard pursuant to Section 1.806. of this Zoning Ordinance. Yuma Sec. 154-01.07 Definitions RESIDENTIAL CARE FACILITY, SMALL. Establishments primarily engaged in the provision of residential social and personal care for ten or fewer persons with some limits on ability for self- care, such as children, the elderly, but where medical care is not a major element. Included are establishments providing 24-hour year-round care for children. These facilities shall not include any persons whose occupancy 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. Establishments of this type located within any residential districts shall not be located within 1,320 feet of a child day care services (large), a nursing care facility, large or small, or a residential care facility, large or small that are also located within any residential district (SIC 8361). 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  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-11 approving an intergovernmental agreement with Maricopa County Animal Care and Control. Staff Summary (Background) Chapter 6 of the Town Code authorizes the Town of Fountain Hills to regulate animals within the town. Complaints regarding barking dogs are enforced by the Sheriff's Office (MCSO). Through an Intergovernmental Agreement (IGA), Maricopa County Animal Control responds to calls for service from the town for dog bites, stray dogs, leash law violations, and similar services. Under the current agreement which expires on June 30, 2022, the annual cost for this service is $30,318 which included 10 sweeps of town parks for enforcement of off-leash pets, dogs at large, and licensing violations. Staff is recommending renewing the agreement with Maricopa County Animal Control for another year with a term of July 1, 2022, through June 30, 2023. Under the renewed agreement, the annual cost for animal control services from Maricopa County will be $31,906.00. Related Ordinance, Policy or Guiding Principle Ordinance 18-05; Town Code Chapter 6. Risk Analysis Animal Control is an important service that is contracted with Maricopa County at a very low cost annually.  While the Town of Fountain Hills could provide this service itself, the additional cost impacts for staffing, training, liability insurance, and other operating costs would far exceed the annual cost of contracting with Maricopa County Animal Control.  Recommendation(s) by Board(s) or Commission(s) N/A  Staff Recommendation(s) Staff recommends the Adoption of Resolution 2022-11 approving the renewal of an IGA with Maricopa County Animal Care and Control. SUGGESTED MOTION MOVE to Adopt Resolution 2022-11 approving an IGA with Maricopa County Animal Care and Control. Attachments Res. 2022-11  Maricopa County Animal Care and Control IGA  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 04/26/2022 08:05 AM Finance Director David Pock 04/26/2022 08:36 AM Town Attorney Aaron D. Arnson 04/26/2022 08:46 AM Town Manager Grady E. Miller 04/26/2022 09:15 AM Form Started By: Patti Lopuszanski Started On: 03/03/2022 04:32 PM Final Approval Date: 04/26/2022  RESOLUTION NO. 2022-11 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY, ARIZONA, RELATING TO BASIC ANIMAL CONTROL SERVICES RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town”) acknowledge the need for animal control services within the Town; and WHEREAS, the Town has entered into an Intergovernmental Agreement (the “Agreement”) with Maricopa County, a political subdivision of the State of Arizona (the “County”), for the provision of animal control services within the Town; and WHEREAS, the Town and the County desire to extend the term of the Agreement and provide for compensation for services provided thereunder. 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. The Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (“IGA”). SECTION 3. The Town hereby authorizes the expenditure of funds for basic animal control services, as more specifically detailed in the Appendix A. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the IGA 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 Fountain Hills, Maricopa County, Arizona, this 3rd day of May, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk RESOLUTION NO. 2022-11 PAGE 2 REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2022-11 PAGE 3 EXHIBIT A TO RESOLUTION NO. 2022-11 INTERGOVERNMENTAL AGREEMENT FOR ANIMAL CONTROL SERVICES AND SWEEPS BETWEEN MARICOPA COUNTY, ARIZONA AND THE TOWN OF FOUNTAIN HILLS] See following pages. PAGE 1 OF 15 Town of Fountain Hills IGA INTERGOVERNMENTAL AGREEMENT MARICOPA COUNTY ANIMAL CONTROL SERVICES BETWEEN MARICOPA COUNTY [Administered by its Animal Care & Control Department] and THE TOWN OF FOUNTAIN HILLS THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) for Animal Control Services is entered by and between Maricopa County, a political subdivision of the State of Arizona, administered by its Animal Care & Control Department (“MCACC”) (collectively referred to as “County”), and the TOWN OF FOUNTAIN HILLS (“Town”), a municipal corporation of the State of Arizona. The County and Town are collectively referred to as “Parties” and individually as “Party.” In consideration of the following, the Parties agree as follows: 1.0 PURPOSE: The purpose of this Agreement is to memorialize the Parties’ rights and responsibilities regarding the County’s provision of Animal Control Services to the Town. The Town needs Animal Control Services and desires to enter into this Agreement with the County to appoint the County as the statutory Enforcement Agent for the City to administer Animal Control Services, as defined in this Agreement. 2.0 AUTHORITY 2.1 Arizona Revised Statutes (“A.R.S.”) § 11-952 and 11-1013 authorize the County and Town, as public agencies, to enter IGAs for joint cooperative action, which includes animal control services; 2.2 A.R.S. § 11-251(47) authorizes the County to make and enforce ordinances for the protection and disposition of Domestic Animals subject to inhumane, unhealthful, or dangerous conditions or circumstances; 2.3 A.R.S. § 11-1005(A)(3) and County Ordinance No. P-13, Rabies/Animal Control (“County Ordinance No. P-13”) authorize the Board of Supervisors to contract with the Town to enforce the provisions of any Town ordinance enacted for the control of dogs if the provisions are not specific to breed; 2.4 A.R.S. § 11-201(A) authorizes the Board of Supervisors (“BOS”) to act on behalf of the County; PAGE 2 OF 15 Town of Fountain Hills IGA 2.5 Pursuant to A.R.S. § 11-1005(A)(1), the BOS has designated MCACC as the “County enforcement agent” to perform animal control services. A.R.S. § 11-1007 authorizes the County enforcement agent to carry out its duties; and, 2.6 Pursuant to A.R.S. §§9-240(B) (16)(a)-(d), the Town is authorized to regulate dogs and other animals within the Town. 3.0 TERM: This Agreement is effective on July 1, 2022 (“Effective Date”) and terminates on June 30, 2027 (collectively, “Term”). 4.0 RENEWAL: The Parties may renew this Agreement up to two successive twelve-month terms/as many times as desirable, but each extension may not exceed the duration of the Term (“Renewal”). 5.0 AMENDMENTS:Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by authorized signers for Parties. The Parties may renew or amend this Agreement upon the mutual written agreement signed by authorized signers for the Parties. 6.0 DEFINITIONS 6.1 The Definitions at A.R.S. § 11-1001 and Town Code § Chapter 6 are hereby incorporated into this Agreement and shall be capitalized when used in this Agreement. In the event the County and Town definitions conflict, the County definitions shall control. Additionally, the following terms are used in this Agreement. 6.2 Aggressive Dog: Any dog that has bitten a person or domestic animal without provocation or that has a known history of attacking persons or domestic animals without provocation. 6.3 Animal: Refers to dogs but may also include cats that have bitten a human. 6.4 Animal At-Large: A dog that is not contained by an enclosure or physically restrained by a leash. 6.5 Animal Control Ordinance:Laws set forth by A.R.S. Title 11, ordinances adopted by Maricopa County for unincorporated Maricopa County, and ordinances adopted by Town contracted with County to provide Animal Control Services. 6.6 Animal Control Facilities: Refers to the County Animal Pounds established pursuant to A.R.S. § 11-1013. 6.7 Animal Control Services: Services provided by County that have been contracted and approved by the Town and the County. Animal Control Services includes the following services performed within the response periods prescribed in Appendix B: 6.7.1 control or impound of Animals (dogs) At-Large; 6.7.2 enforcement of licensing and rabies vaccination laws and ordinances; and 6.7.3 rabies surveillance and impound of Animals who have bitten a human. PAGE 3 OF 15 Town of Fountain Hills IGA 6.8 Bite Animal At-Large: An Animal that has bitten a human. 6.9 Confined Stray:Any dog thathas been found roaming at large and the primary finder has taken into their private home or business for the purpose of confinement at the County Pound. 6.10 County Observed Holidays: Refers to the County holidays listed on the County Clerk of Court website. 6.11 Domestic Animal: As defined at A.R.S. § 11-251(47), an animal kept as a pet and not primarily for economic purposes. 6.12 Enforcement Agent: As defined at A.R.S. § 11-1001(4), the person in each County who is responsible for the enforcement of the animal control statutes and any rules adopted pursuant to those statutes. 6.13 Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven (7) days a week except County Observed Holidays. Restricted access available to police and fire needing assistance with Priority 1 activities. Not intended for general public access. Communication police line is direct service dispatcher to dispatcher. 6.14 Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County Observed Holidays. 6.15 Owner:As defined in A.R.S. § 11-1001(10), any person keeping an animal other than livestock for more than six consecutive days. 6.16 Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public involving a Bite Animal At-Large. 6.17 Priority 2 Dispatch: Request for service involving an Animal At-Large on school property while school is in session, Aggressive Dog(s), or, if the dog is reported to have any type of injury or sickness, Stray Dogs in imminent harm. May include lower level calls for service that require immediate attention based on the situation. 6.18 Priority 3 Dispatch: Request for service to impound stray dogs confined by the primary finder, at a private home or business or bite cases that have not just occurred to investigate and/or advise quarantine. 6.19 Priority 4 Dispatch: Request for service to enforce license or leash laws. The location of the dog and dog owner is known, and a violation witnessed and reported for investigation of leash law. 6.20 Primary Finder: Person who has located and confined a stray dog and has taken the dog into their private home or business for purposes of confinement at County Animal Control Facilities. 6.21 Response Time: The time within which the County will respond to a call for service which varies based on the time of the call and the priority assigned to the call. 6.22 Stray Dog: Means any dog three months of age or older running at-large that is not wearing a valid license tag. PAGE 4 OF 15 Town of Fountain Hills IGA 6.23 Sick or Injured: A stray dog which has been reported to have some type of injury or suffering from some type of illness. This can include but is not limited to hit by a car, limping, suffering from heat related issues. 6.24 Third Party:A person or group, not under contract with the County or other municipality, that receives from the primary finder, traps, picks up, and/or confines for any period of time, Animals from another. For example, veterinarians and citizen groups who receive Animals from others are Third Parties under this Agreement. Businesses contracted by government jurisdictions to provide Animal Control Services are not Third Parties under this Agreement. 7.0 COUNTY RESPONSIBILITIES The County agrees to: 7.1 Provide Animal Control Services to the Town, as defined and further prescribed in Appendix B. 7.2 Submit invoices quarterly for Animal Control Services provided. 7.3 If the Town changes its ordinance, the County may at its option, decline to enforce the changes to the ordinance or enter a written amendment adding enforcement of such changes, which may include modification of service and additional payment terms. 8.0 TOWN RESPONSIBILITIES The Town agrees to: 8.1 Pay the County for Animal Control Services performed under this Agreement in accordance with Appendix A of this Agreement. The Town will submit payment to County within thirty (30) days of receiving an invoice. 8.2 Notify the County of Town ordinance changes no later than 90 days prior to the effective date of the change. 9.0 RECORDS 9.1 At minimum, the Parties shall keep the following records under this Agreement (“Records”): 9.1.1 Intake counts; 9.1.2 Electronic impound records; 9.1.3 Documentation of Town attempts to return Animal to owner; 9.1.4 All documentation related to dog licenses; 9.1.5 All documentation related to rabies; 9.1.6 All documentation related to Immigration, E-Verify, and compliance with paragraph 20 of this Agreement; and 9.1.7 Any other books, accounts, reports, files, or other documents related to this Agreement required under law. PAGE 5 OF 15 Town of Fountain Hills IGA 9.2 The Town will have access to County dog licensing data through a web portal, calls to the animal control facility, and by email. 9.3 The Parties shall retain records in accordance with their applicable retention rules and policies. The County shall retain records in accordance with the County Records Management policy, A2101. The Town shall retain records in accordance with applicable law. 9.4 The Parties waive their respective public records procedure for obtaining Records, including when using the web portal, phone calls, or emails for licensing data. 9.5 The Parties shall have full access to, and the right to examine, copy, and make use of, all Records relevant to this Agreement no later than ten (10) business days from the date of request. 9.6 The Parties acknowledge some Records may be protected from disclosure under Arizona law. The Parties shall consult with counsel prior to disclosing. 10.0 REPORTING: The Countyshall provide the Town with quarterly routine statistical and/or management reports which provide the following information: the number of calls, the date and time the call was received, incident address or area, descriptor (stray/dangerous), and disposition of the call concerning the services provided pursuant to this Agreement. 11.0 FINANCING: The Town will pay for the impounding and quarantining activities under this Agreement pursuant to the fees and costs schedules in Appendices A and B to this Agreement. 12.0 NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every payment obligation of the Town under this Agreement is conditioned upon the availability of funds appropriated and allocated for the payment of such obligation. If funds are not appropriated, allocated and available or if the appropriation is changed by the appropriating body resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated by the County at the end of the period for which funds are available. No liability shall accrue to the Town or County in the event this provision is exercised, and neither Party shall be obligated or liable for any future payments or for any damages due to termination under this paragraph. 13.0 AUDITS 13.1 Each Party may audit and inspect the other Party’s work to verify compliance with this Agreement. 13.2 All Records shall be subject at all reasonable times to inspection and audit by either Party for five years after completion of the Agreement. 13.3 The owner of the Records shall produce the requested Records in accordance with this Agreement. PAGE 6 OF 15 Town of Fountain Hills IGA 13.4 Each Party, prior to conducting an audit, must give sixty (60) calendar days’ notice to the other Party. Notice shall be given as provided in section 14.0. 14.0 NOTICE: Whenever written notice is required or permitted under this Agreement, such notice shall be deemed to have been sufficiently given if personally delivered or deposited in the United States mail in a properly stamped envelope – certified or registered mail, return receipt requested – or electronically mailed, addressed to: MARICOPA COUNTY TOWN OF FOUNTAIN HILLS Maricopa County Animal Care & Control Shelter and Field Operations c/o Al Aguinaga 2500 S 27th Avenue Phoenix, AZ 85009 (602) 506-2766 cc: Maricopa County Animal Care & Control c/o Kristi McMahon 2500 S. 27th Avenue Phoenix, AZ 85009 (602) 506-5100 Town of Fountain Hills c/o Grady Miller, Town Manager 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Cc: Town of Fountain Hills c/o Aaron Arnson, Town Attorney 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 15.0 TERMINATION 15.1 Any Party may terminate this Agreement at any time without cause by giving ninety (90) days’ written notice in compliance with the Notice requirements of this Agreement in section 14. The County may terminate the Agreement immediately upon discovery that the life, health, or safety of an animal or person is in jeopardy because of the actions or inaction of the Town. The failure of the Town to provide requested information on a bite incident, attack incident, and/or stray hold constitute[s] the jeopardy of life, health, and safety of an animal and person and is grounds for immediate termination. 15.2 Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel this Agreement without penalty or obligation, if any person significantly involved in the initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the terminating Party is at any time while the Agreement or any extension thereof is in effect an employee of the other party to the Agreement in any capacity with respect to the subject matter of this Agreement. PAGE 7 OF 15 Town of Fountain Hills IGA 15.3 In the event of non-payment by Town, this Agreement shall terminate as of the date of last payment received and County obligations hereunder shall immediately cease. 15.4 Upon termination of this Agreement, all property involved will revert to the owner. Termination will not relieve any Party from liabilities or costs already incurred under this Agreement, nor affect any ownership pursuant to this Agreement. Any Eligible Animals still in the custody of the County at the termination of this Agreement will become the property of the Town at the end of the hold period established by statute and will be governed by this Agreement. 16.0 INDEPENDENT CONTRACTOR: The Town is an independent contractor, including the Town’s employees, agents, and subcontractors. Nothing in this Agreement will be construed to create any partnership, joint venture, or employment relationship between the Parties or create any employer-employee relationship between a Party and the employees of the other Party. Neither Party will be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other. 17.0 SUBCONTRACTING: The Town shall not subcontract or assign any responsibility or portion of this Agreement to a subcontractor without the prior, express, written consent of the County. The Countyreserves the right to reject a subcontractor if the Countydetermines the subcontractor fails to comply with any term of this Agreement or if the County determines the subcontractor does not pass a background check or fails any other criteria related to the health or safety of Animals and employees. 18.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the prior written consent of the Parties, and any assignment in contravention of this provision shall be null and void. 19.0 NONDISRCIMINATION: The Parties agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, nondiscrimination, including the Americans with Disabilities Act, and affirmative action. 20.0 IMMIGRATION; E-VERIFY: To the extent applicable under A.R.S. § 41-4401, the Parties warrant compliance, on behalf of themselves and all subcontractors, with all federal immigration laws and regulations relating to their employees, and, compliance with the E- Verify requirements under A.R.S. § 23-214(A). Any Party’s breach of the above- mentioned warranty shall be deemed a material breach of this Agreement and the non- breaching Party may terminate this Agreement. The Parties retain the legal right to inspect PAGE 8 OF 15 Town of Fountain Hills IGA the papers of any other Party to ensure that the Party is complying with the above- mentioned warranty under this Agreement. 21.0 INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and its departments, agencies, boards, commissions, officers, officials, agents, employees, and volunteers (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party and its departments, agencies, boards, commissions, officers, officials, agents, employees, and volunteers (as “Indemnitee”), from and against any and all claims, actions, liabilities, damages, losses, costs, or expenses (including court costs, attorneys’ fees, claim processing) (collectively, “Claims”) arising out of bodily or personal injury of any person (including death) or tangible or intangible property damage, in whole or in part, by the negligent or willful acts or omissions of Indemnitor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation law. It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Indemnitor against all Claims. It is agreed that the Townwill be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in a suit brought against the County or the Town in any State or Federal Court arising from the negligent or willful acts or omissions of the Parties. 22.0 DISPUTE RESOLUTION: In the event a dispute under this Agreement arises between the Parties, the Parties will follow this process: 22.1 The Parties will meet and confer in person about the issue. The Parties will make their best efforts to reach a resolution at this meeting. 22.2 If the Parties are unable to resolve the conflict after the in-person meeting, within ten (10) business days after the meeting, the Party raising the issue shall prepare a written conflict report and deliver to the other/receiving Party for a response. The conflict report shall include, at minimum, a section summarizing relevant background, an issue statement, and a proposed solution. The receiving Party shall prepare and deliver a written response within ten (10) business days from the date of receipt of the conflict report. 22.3 If the Parties cannot resolve the issue after assessing the conflict report and response, the Parties shall once again meet and confer in person to discuss the conflict report and response and try to resolve the issue. The Parties shall make their best efforts to reach a resolution at this meeting. 22.4 If the Parties are still unable to reach a resolution, the Parties may seek resolution through mediation/arbitration. The Parties may provide the conflict report and response to the arbitrator to aid in resolution. The Parties shall select a mutually acceptable third-party as arbitrator. Each party shall bear its own arbitration fees, attorneys’ fees, and costs. PAGE 9 OF 15 Town of Fountain Hills IGA 23.0 PARTIAL PERFORMANCE: The failure of either Party to insist in any one or more instances upon the full and complete performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other term, either in the past or in the future. 24.0 FORCE MAJEURE: Neither Party shall be responsible for delays or failures in performance resulting exclusively from unanticipated, unpreventable, uncontrollable, exceptional, and overwhelming events or acts. This includes acts or events of nature, such as fires, pandemics, floods, hurricanes, monsoons, tornadoes, or communication line or power failures; and, acts or events of people, such as riots, wars, and governmental regulations imposed after the fact. 25.0 INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for all risks that may arise out of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insurance program may fulfill the insurance requirement. 26.0 APPLICABLE LAW: Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations, standards, and codes of the Federal and State whether or not specifically referenced herein. 27.0 VENUE; CHOICE OF LAW 27.1 The proper venue for any proceeding arising from this Agreement shall be Maricopa County, Arizona. This Agreement shall be construed in accordance with and be governed by the laws of the State of Arizona. 27.2 This Agreement and all obligations imposed on the Parties arising under this Agreement shall be subject to any limitations of budget law or other applicable local law or regulations. No term in this Agreement shall be construed to relieve the Parties of any obligations or responsibilities imposed on Parties by law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 28.0 HEADINGS: Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 29.0 ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. PAGE 10 OF 15 Town of Fountain Hills IGA IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding on said Party in accordance with its terms. The Parties enter into this Agreement as of the Effective Date, as defined in Section 3.0 of this Agreement (Term): MARICOPA County TOWN OF FOUNTAIN HILLS By:By: Jack Sellers, Chairman Maricopa County Board of Supervisors Ginny Dickey, Mayor Town of Fountain Hills Date Date Attest:Attest: Juanita Garza, Clerk of the Board Elizabeth Klein,Town Clerk Date Date Approved as to Form: Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and has determined it is in proper form and within the powers and authority granted under the laws of this state to the County and Town. Karen Hartman-Tellez, Maricopa County Deputy Attorney Aaron Arnson Attorney for Town of Fountain Hills Date Date PAGE 11 OF 15 Town of Fountain Hills IGA APPENDIX A COMPENSATION SCHEDULE FOR ANIMAL CONTROL SERVICES 1. County Service Level:Animal Control Services 2. Service Cost for Initial Term: $25,843 For the initial year of this Agreement, the Town agrees to pay the County $25,843. Thereafter, the Town shall pay the County those fees approved by the Maricopa County Board of Supervisors in accordance with a formula developed by MCACC, which require full recovery of the County’s direct and indirect costs. AVG FY20/FY21 Jurisdiction Population and Bite Data Reported Population AWMA US Pet Ownership Formula for Dog Population Bite Quarantine at ACC Field Bite Cases Proactive Town Patrols of parks and public areas 23,906 5,645 2 62 10 AVG FY20/FY21 Calculation for Initial Year ( FY2023 or 7/1/22 – 6/30/23): Mileage (ACC to Town x CFS) Mileage @ Federal Reimbursement Rate .585 Calls for Service (CFS) @ $68/call Trucks, Technology Replacement based on % on Field Calls across all Town Hours Spent in the Field on Calls @$81.06/hour Town patrols ten (10) per FY year $800/patrol day 5538.6 $3,240.08 $10,404 $1,361.97 $2,837.10 $8,000 PAGE 12 OF 15 Town of Fountain Hills IGA APPENDIX B SERVICES 1. The County, as the appointed Enforcement Agent, shall be responsible for and enforce the Animal Control Ordinance for the Town. See Appendix D. 2. Minimum Staffing: Staffing will be sufficient to respond to ninety percent (90%) of service requests within the period prescribed below 3. Response Times: The County will respond during Normal Hours of Operation. On average, County staff will arrive at the scene of a reported service request within the time prescribed below based on the service classification and driver safety conditions: Priority 1 1 hour Priority 2 2 hours Priority 3 48 hours Priority 4 72 hours **See Appendix C for call for service types by priority. 4. Response Time during Limited Operations Hours: The County will only act on Priority 1 and 2 calls for service during Limited Operation Hoursand only when the requesting police agency agrees to remain on scene for the duration of the time needed to handle the call for service. The County will not respond to priority 3 or 4 calls for service after 3pm until the commencement of the next Normal Hours of Operation. The response time for Limited Operations Hours will be two (2) hours maximum. The response time could be longer should a higher priority call for service be received. The choice to respond to higher priority calls is at the discretion of the County. 5. The County shall not respond to scenes involving owned animals being seized or impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime scene investigations, fire scenes, or any situation where the law enforcement officer has seized an owned animal. The County will not respond to citizen response requests for abuse, neglect, or cruelty of animals. 6. Law enforcement agencies needing assistance in accordance with this IGA can call the County Field Dispatch non-public phone line (602-506-1309) to request general assistance during Normal Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is based on the information provided to staff at the time of the request. The County reserves the right to respond to non-emergency requests at the beginning of the next Normal Hours of Operation. 7. While the County is closed for business on all County Observed Holidays, the County reserves the right to provide limited response times from 7am to 10 pm on County observed holidays. The police only line will be staffed for Priority 1 calls for service from 7am to 10pm on County Holidays. PAGE 13 OF 15 Town of Fountain Hills IGA 8. The County shall provide lost and found service from 8am to 5pm seven (7) days per week to allow for citizens to report found and lost dogs at (602) 372-4598. This service will not be provided during the holiday coverage prescribed in Paragraph 7. 9. The County shall provide call center services during Normal Hours of Operation and 24- hour online services for citizens to report animal control issues, conduct licensing transactions, and ask general animal control questions. Call center services will not be provided during the holidays prescribed in Paragraph 7. 10. The County at its discretion may pick up dogs from Third Parties. 11. The County will provide an additional ten (10) enforcement patrols coordinated with Town Officials that include parks, public streets, and other locations identified. The cost per patrol is calculated at $800 per patrol day that includes hours spent within city limits to conduct the service. PAGE 14 OF 15 Town of Fountain Hills IGA APPENDIX C PRIORITY CLASSIFICATIONS PAGE 15 OF 15 Town of Fountain Hills IGA APPENDIX D TOWN OF FOUNTAIN HILLS ORDINANCE Dog not permitted at large 6-2-5C Dog at large school/park 9-4-3A4 Dog at large vicious/heat 6-2-5A Unlawful Interference 6-2-8A Failure to wear 6-2-5D Failure to quarantine 6-2-7A Unlawful Keeping 6-2-8B Failure to license 6-2-3D ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 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: Resolution 2022-014 approving Amendment One to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam-Debris Mitigation Improvement Project. Staff Summary (Background) Golden Eagle Park lies in the flood impoundment area of Golden Eagle Park Dam. Previous flooding at the Park (particularly during storm events of Oct. 2, 2018 and of Sept. 23, 2019) have demonstrated the need for drainage improvements within the Park. J.E. Fuller prepared the "Golden Eagle Park Drainage Improvements Study, Technical Report" and presented its findings to the Town Council on 1-21-20 (Item 4.0 on that agenda). A contract with J.E. Fuller for the design of the recommended Phase 1 Improvements (primarily, accumulated sediment removal and grading enlarged drainage channels through the Park) was approved by the Town Council on 3-3-2020, and amended most recently on 1-4-2022. Town staff submitted a proposal to the Flood Control District of Maricopa County under its Small Projects Assistance Program in Oct. 2019, for the portion of the drainage improvements project that will improve the protection of the dam and downstream residences, including:  Removal of accumulated sediment from the drainage channels near the dam. Removal of the inlet (Park side) steel access barrier at the Auxiliary Principal Outlet Structure (a 10' x 4' reinforced concrete box culvert through the dam). Removal of the drop inlet approach to that Structure. Regrading (lowering) the drainage channels near the dam (possible due to removal of the drop inlet approach). Placing debris catching features, such as bollards, upstream from the Outlet Structures. Constructing a sediment drop basin near the dam. FCDMC approved the Town's funding application in Oct. 2019.  On April 7, 2020, Town Council approved Resolution 2020-14, adopting an IGA, which provided the legal basis for the FCDMC's participation in the project work - FCDMC will fund 75% of the fundable project costs during a two-year period (estimated to total $121,000; so the FCDMC participation is estimated to be $90,750. The funding period was from July 1, 2020 to June 30, 2022. The IGA specifically excluded FCDMC funding for various work (including R/W acquisition, permitting, construction management, O&M, landscaping, aesthetic features, and utilities). The Town was responsible for all other project costs, and for the operation and maintenance of the project features after their completion.  During the project design phase, Town staff changes and scope modifications resulted in a schedule delay.  The Town requested additional time from the Flood Control District, to allow us to complete the project construction within the funding period.  The Flood Control District has agreed to extend the construction funding period for 1 year, extending the deadline from June 30, 2022 to June 30, 2023.  This construction funding date extension represents the only modification to the IGA. Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Ordinance 16-02 amended Fountain Hills Town Code Chapter 14, which addresses flood damage prevention relating to floodplain management. Risk Analysis Not approving this IGA would result in the Town missing the deadline for construction completion, and the Town would then have to fund the FCDMD portion of the project costs for the "Golden Eagle Park Dam - Debris Mitigation Improvements", currently estimated to be $90,750, in addition to all of its other proposed costs for upgrading the drainage facilities at Golden Eagle Park. 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 2022-017. Fiscal Impact Fiscal Impact:$30,250 Budget Reference: Funding Source:CIP If Multiple Funds utilized, list here: Budgeted: if No, attach Budget Adjustment Form: Attachments IGA  Res 2022-014  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 04/19/2022 02:11 PM Finance Director David Pock 04/19/2022 02:13 PM Public Works Director Justin Weldy 04/19/2022 03:11 PM Finance Director David Pock 04/20/2022 10:53 AM Town Attorney Aaron D. Arnson 04/20/2022 10:59 AM Town Manager Grady E. Miller 04/20/2022 12:10 PM Form Started By: David Janover Started On: 04/11/2022 08:09 AM Final Approval Date: 04/20/2022  IGA FCD 2020A010A PCN 699.21.31 PAGE 1 OF 5 AMENDMENT NO. 1 to Intergovernmental Agreement 2020A010 for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Golden Eagle Park Dam-Debris Mitigation Improvement Project between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2020A010A Agenda Item _________ This Amendment No. 1, also known as Intergovernmental Agreement (IGA) FCD2020A010A to IGA FCD 2020A010 is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The TOWN and the DISTRICT are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Amendment shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) §48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On July 31, 2019 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2009R003C (C-69-09-062-6-03) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. IGA FCD 2020A010A PCN 699.21.31 PAGE 2 OF 5 4. On July 22, 2020, the Board approved IGA FCD 2020A010 authorizing the DISTRICT and the TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 5. Due to a delay in Project design, the TOWN has requested and the DISTRICT has agreed to extend the completion date from June 30, 2022 to June 30, 2023. PURPOSE OF THE AGREEMENT 6. The purpose of this Amendment is to extend the PROJECT construction and funding from June 30, 2022 to June 30, 2023. TERMS OF AGREEMENT 7. The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121.000 but is subject to change without amendment to this Agreement. 8. The DISTRICT shall: 8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2021 and June 30, 2023, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $90,750. 9. The TOWN shall: 9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2021 or after June 30, 2023. 9.2 Invoice the DISTRICT as follows: 9.2.1 After the construction contractor has mobilized and then started construction activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COST. 9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2023, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10. This Amendment IGA 2020A010A governs where terms conflict with the original IGA FCD 2020A010. However, the original IGA FCD 2020A010 is applicable unless specifically changed by this Amendment. The paragraph numbering in this Amendment is coincidental and is not intended to indicate that these same numbered paragraphs in the original IGA FCD 2020A010 are being replaced in their entirety. IGA FCD 2020A010A PCN 699.21.31 PAGE 3 OF 5 11. This Amendment shall expire either (a) one year from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 12. Attached to this Amendment or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Amendment and that it is in proper form. 13. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. 14. This Amendment is subject to cancelation pursuant to A.R.S. § 38-511. IGA FCD 2020A010A PCN 699.21.31 PAGE 4 OF 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Michael A. Fulton Date Director Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Amendment No. 1 FCD 22020A010A to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date IGA FCD 2020A010A PCN 699.21.31 PAGE 5 OF 5 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Town Mayor Date Attest: By: Town Clerk Date The foregoing Amendment No. 1 FCD 2020A010A to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Town Attorney Date RESOLUTION NO. 2022-014 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING AMENDMENT ONE TO AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS-OF- WAY, ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE PARK DAM-DEBRIS MITIGATION IMPROVEMENT RECITALS: WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills (the “Town”) approved an Intergovernmental Agreement with the Flood Control District of Maricopa County (the “District”) relating to design, rights-of-way, acquisition, utility relocations, construction, construction management, and operations and maintenance of the Golden Eagle Park Dam – Debris Mitigation Project (the “Agreement”); and WHEREAS, the Town and the District desire to amend the Agreement to extend the completion date. 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 3rd day of May, 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 ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place. Staff Summary (Background) On December 22, 2021, the Town released a Request for Qualifications (RFQ) for plan review and inspection services.  Four firms provided responses.  The proposals were reviewed by a three member staff committee from Development Services and Engineering. The firm of Shums Coda was selected as the best qualified vendor to provide these services.  Town staff will provide the Planning review of the construction documents. The purpose of the solicitation was to secure a firm that can provide building plan review and inspection services for Phases II and III of Park Place.  These are large, complex buildings which would take a lot of staff time to review.  By hiring a third party to provide these services staff will be able to continue handling the regular plan reviews and inspections. The Development Agreement for Park Place anticipates using a third party plan review and inspection service; this was done with Phase I. The contractor for the development will pay the standard building permit fee.  The Town will use the revenues received from the building permit to pay the consultant.  Should the costs of the consultant exceed the building permit fee, the contractor will be billed for the additional amount. The Building Official will oversee the document review and inspections process.  The Town will issue the building permit and provide the final approval for the certificate of occupancy.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis The Town has determined that using a third party service for the plan review and inspections of this The Town has determined that using a third party service for the plan review and inspections of this development will provide hight quality plan review while allowing staff to continue the review and inspection processes with other applications. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Professional Services Agreement 2022-071 SUGGESTED MOTION MOVE to approve Professional Services Agreement 2022-071 with Shums Coda. Attachments Contract  Exhibit A - Proposal  Exhibit B - Scope  Exhibit C - Fee Schedule  Exhibit D - Work Order  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 04/21/2022 09:40 AM Form Started By: John Wesley Started On: 02/23/2022 07:23 AM Final Approval Date: 04/21/2022  1 Contract No. 2022-071 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Shums Coda Associates, Inc., a(n) California corporation (the “Consultant”). RECITALS A. The Town issued a Request for Qualifications, RFQ No. 2021-RFQ-008 (the “RFQ”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of Plan Review and Building Inspection Service (the “Services”). B. The Vendor responded to the RFQ by submitting a statement of qualifications (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to engage the Consultant to provide Plan Review and Building Inspection Services (the “Services”). D. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 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 Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective upon execution and shall remain in full force and effect until April 1, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services (attached hereto as Exhibit B) as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Consultant shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work 2 Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit D and incorporated herein by reference. By signing this Agreement, Consultant acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Consultant at the rates set forth in the Fee Proposal attached hereto as Exhibit C and incorporated herein by reference. The Developer shall pay any cost exceeding Building Permit Fee amount, plus a 20% Administrative Fee, as invoiced by the Town. 4. Payments. The Town shall pay the Consultant monthly (and the Consultant 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. The Town shall: invoice the Developer monthly and the Developer shall pay the Town, in accordance with this Agreement and with Section 6.2(D) of that certain Development Agreement entered into between the Town and the Developer dated June 16, 2016, within 30 days of receipt for Consultant work to continue. The Developer shall pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid. 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. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant 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, Consultant 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 Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 3 8. Licenses; Materials. Consultant 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 Consultant, 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 Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Consultant 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 Consultant, 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 Consultant, Consultant 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 Consultant. 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 Consultant 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. 4 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. E. Primary Insurance. Consultant’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 Consultant. Consultant 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. Consultant 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, Consultant 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 Consultant. Consultant 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, Consultant 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 5 the insurance policies as required by this Agreement, issued by Consultant’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 Consultant’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate 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) Consultant’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 Consultant 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 6 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. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’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 Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant 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. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant’s employees engaged in the performance of 7 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, Consultant shall be paid for all undisputed services performed to the termination date. 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 Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant, 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 Consultant 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 8 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 Consultant 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 Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant 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 Consultant 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. Consultant, 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 Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant 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. Consultant 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 Consultant 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. 9 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 Consultant. 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. 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 Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant 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 Consultant. 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 Consultant 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. 10 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 Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant 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, Az. 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Shums Coda Associates, Inc. 5776 Stoneridge Mall Rd., Suite 150 Pleasanton, Ca. 94588 Attn: Christine Godinez If to Developer: N-Shea Group, LLC 14555 N. Scottsdale Rd., Suite 240 Scottsdale, Az. 85254 11 Attn: Bart M. Shea 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 Consultant 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. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant 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 Consultant 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 Consultant’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 Consultant’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, Consultant 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. Consultant 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 Consultant or its subcontractors reasonable advance notice of intended audits. Consultant 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. 12 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant 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). Consultant’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. 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. 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: “Developer”, Agrees to Section 3, “Compensation”, Section 4, “Payments” above, and Exhibit B, Section 2, “Payment Structure” , By: Name: Title: EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services RESPONSE DEADLINE: January 25, 2022 at 5:00 pm Report Generated: Wednesday, February 16, 2022 Shums Coda Associates Proposal CONTACT INFORMATION Company: Shums Coda Associates Email: marketing@shumscoda.com Contact: Christine Godinez Address: 5776 Stoneridge Mall Road, Suite 150 Pleasanton, CA 94588 Phone: N/A Website: www.shumscoda.com Submission Date: Jan 25, 2022 1:43 PM PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the SOQ did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted SOQ. 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, Department Heads, and other Town staff unless such person is designated as a Town Representative. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in RFQ Submission Process section Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 3 Confirmed 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. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the SOQ and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the SOQ and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted SOQ and any resulting Agreement. Confirmed 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. Confirmed 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 c onsidered non-responsive. Confirmed PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 4 2. Vendor Proposal GENERAL INFORMATION* A. One page cover letter as described in the section titled "RFQ Submission Process ", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the SOQ. C. Identify the location of the Vendor’s principal office and the local work office, if different from the principal office. D. Provide a general description of the Vendor that is proposing to provide the Services, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. SCA_FountainHills_Proposal.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other e ntities of a similar size to the Town, specifically relating experience with respect to plan checks/building inspections. A. 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: PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 5 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. SCA_FountainHills_Proposal.pdf 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 Engineer. 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. SCA_FountainHills_Proposal.pdf PROVIDE DOCUMENTATION ON EACH PLAN REVIEW AND INSPECTOR SHOWING CERTIFICATIONS FOR AREAS OF RESPONSIBILITY* SCA_FountainHills_Proposal.pdf PROJECTED REVIEW TIME NECESSARY TO COMPLETE PROJECT REVIEW?* Information provided in SOQ file The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Scope of Work] BUILDING, FIRE, AND CIVIL PLAN REVIEW SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications as adopted by the Town of Fountain Hills. Plan Review Services shall include evaluations of the construction documents for compliance under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, and Life Safety . The Town of Fountain Hills will be reviewing Planning & Zoning submittals. Building Official, Town Engineer, and Fire Marshal to be consulted as needed during review to ensure compliance with codes and local amendments. Plan review will be electronic with submissions coming to and from the Consultant going through the Town. First submittal plan review in any discipline to be completed within three calendar weeks. All subsequent reviews within two calendar weeks. Upon approval, permit issuance is required by the Town. INSPECTION SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications. Inspection Services include; daily field observation reports documenting any issues that arise on-site, reporting any defects, deficiencies, and quality issues or concerns, attendance of requested project meetings, and photographs of work being performed during the course of the construction schedule. Building Inspection services include monitoring construction for adherence to the requirements listed on the approved construction documents under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, Landscaping, and Life Safety. Inspections will be logged using the Town’s electronic inspection system. All inspections to be completed the next business day. In addition to the inspections specified in IBC Sections 110.3.1 through 110.3.7, Consultant or the Town of Fountain Hills, are authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the adopted codes and other laws that are enforcement by the Town of Fountain Hills. PROJECT MANAGER SERVICES provided are to ensure compliance with all applicable codes, ordinances, standards and project specifications as adopted by the Town of Fountain Hills. Services include requested attendance of project meetings, review of RFI’s and ASI’s, coordination and communication with project team representatives, project oversight for services, identify any non- compliance and/or design issues and assist with recommendations and alternatives for resolutions, and interface with all other agencies and departments. ADMINISTRATION SERVICES include processing and scheduling requests and field reports, project document control, processing review letters, distribution and coordination to the project team, permit tracking, records management, and quality assurance of project documents. SCOPE1.Scope of Work 2. Payment StructureDeveloper shall:a)Pay any costs exceeding the Building Permit Fee plus 20% Administrative Fee as invoiced by the Townb)Pay any invoice from the Town within 30 days per Section 4, "Payments"c)Pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Fee Schedule] See following pages. Town of Fountain Hills, AZ Building Plan Review & Inspection Services Building Life-Safety Services Building Plan Review Services Fees for comprehensive plan reviews, performed at SCA offices, will be equal to Sixty- Five percent (65%) of the plan review fees as calculated per the jurisdiction. The Town of Fountain Hills will provide SCA with jurisdiction calculated plan review fees (per project phase of review) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project. The above fee covers all services associated with the typical plan review, including a first, second and quick third review to approve projects. Extensive plan reviews (longer third reviews or more) will be charged on an hourly rate shown below. When hourly rates are to be applied, SCA will notify Fountain Hills through the completion of the third review comment letter, and would anticipate directly from the Town staff as to how to resolve the final comments in the most expeditious manner possible. Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects shall also be charged at the same hourly rate schedule. SCA reserves the right to determine the appropriate level staff member for the hourly plan review items that may occur, but will attempt to utilize the most economical rate based on the complexity of the review. Personnel Description Hourly Billing Rate Senior Plan Review Engineer/Architect $100 Plan Review Engineer/Architect $95 Senior Plans Examiner $90 Plans Examiner (residential, fire code and fire protection systems – not FPE or WUI) $80 Turnaround Schedule SCA will generally complete standard plan reviews per the following schedule: Number of Working Days Initial Check (1st): Recheck(s): Residential Single-Family Dwellings New/Addition/Remodel 10 5 New Multi-Family Townhomes/ Apartments (Standard) 10 5 New Multi-Family Apartments (Large Scale) 15 10 Non-Residential New Multi-Building Campus 15+ 10 New Building 15 10 TI 10 5 These review times are based on typical plan submittals, but this being a phased and specific project, and more complex in nature, is anticipated to require some minor adjustments to the general turnaround schedule. If an expedited plan review is requested, the turn-around time could be as quickly as a single day, but these types of review schedules are typically determined based on the complexity of the phase of the project and the availability of SCA staff to complete the review. Building Inspection Services The scope of inspection services to be provided for this project will be determined mutually by Shums Coda Associates Regional Manager and the Chief Building Official. Inspector(s) provided to the town will report directly to the Chief Building Official or other person designated by the Town of Fountain Hills for all project-related work. Fees for inspection services shall be billed hourly based on the rates below: Personnel Description Hourly Billing Rate Supervising Inspector / Inspector of Record $100 - 115 Senior Inspector $80 - 90 Inspector II $70 - 80 Inspector I $60 - 70 Inspector In-Training $45 - 60 Town of Fountain Hills, AZ Building Plan Review & Inspection Services Building Life-Safety Services Other Services The scope of services to be provided will be defined uniquely for each project or as determined mutually by Shums Coda Associates and the Chief Building Official. We provide the following hourly rates to cover these services as requested by the Town of Fountain Hills: Personnel Description Hourly Billing Rate Acting/Deputy Building Official $110 Senior Fire Protection Engineer/Inspector $150 Fire Protection Engineer/Inspector $140 Fire Inspection/Level II Suppression Systems $100 - 120 Permit Technician $55 Clerical $40 Overtime Overtime will be not be charged for any plan review services billed at the hourly rate, while inspection and other services will be charged at 150% of the standard hourly rates, but only when mutually agreed upon with the City of Fountain Hills. EXHIBIT D TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Work Order] See following pages. ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/03/2022 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 13  Bulletin - Issue 14  Bulletin - Issue 15  Form Review Form Started By: Elizabeth A. Klein Started On: 04/26/2022 07:33 AM Final Approval Date: 04/26/2022  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 13 - April 8, 2022 Legislative Update: Today is the 89th day of the legislative session, and to date, the Legislature passed 146 bills. Of those measures, the Governor has signed 118 bills, 28 await his action, and none have been vetoed. For perspective, 1,764 bills were introduced this session, plus 143 memorials or resolutions. Of these measures, 415 have passed the opposite chamber’s committees and remain alive pending the Rules committee or floor action. The House Rules Committee has 75 senate measures pending consideration, while Senate Rules has 91 house bills awaiting action. The Senate has 111 bills ready for Committee of the Whole, while the House has 71 bills at this stage. There are a total of 17 bills that are ready for Third Read, most of which are in the Senate. With committees no longer meeting, activity at the capitol has slowed. On Monday, the House adjourned for three days, meeting only on Monday and Thursday to consider a handful of measures. The Senate continued business as usual, holding swift floor sessions throughout the week. As we inch closer to the 100-day milestone, there is typically more discussion on what a budget package may include. At this point, however, there does not appear to be agreement on a spending proposal. This year’s budget process will be impacted by the Supreme Court’s ruling in ASBA v Arizona, striking down portions of last year’s budget for violating the constitution’s single-subject rule.  Finance Advisory Committee The Finance Advisory Committee (FAC) met on Thursday to receive updates on the latest revenue forecasts and economic conditions from the state’s budget experts and economists. Joint Legislative Budget Committee (JLBC) staff shared that the state’s General Fund revenues continue to exceed expectations. Tax collections, mostly from TPT coupled with a trial court’s recent decision deeming Prop 208 (the Invest in Education Act) unconstitutional bring the state’s projected surplus to $5.27 billion. If the Prop 208 ruling stands, the state’s ongoing revenues increase from $1.29 billion to $1.57 billion and one-time dollars are estimated to be $3.7 billion. JLBC director Richard Stavneak stated that while housing prices have increased across the country they have increased more in Arizona. Local economist Jim Rounds also highlighted housing affordability during his comments noting that Arizona’s growth, regulatory environment and tax structure make the state attractive for investors all of which has an impact on the housing market. As to whether the increase in housing prices has affected Arizona’s competitive advantage, that remains to be seen as businesses consider an array of factors when deciding where to locate. Linked below are the presentation materials from FAC as well as committee footage:  FAC presentation materials  FAC footage Fireworks A measure to allow consumer fireworks to be sold on the days leading up to Diwali, the Hindu festival of lights, has been brought forward by House Majority Whip Leo Biasiucci (R-Lake Havasu City). HB 2255 would allow the sale of permissible fireworks two days before the first day of Diwali through the third day of Diwali each year. Concerning the use of fireworks, the measure allows consumer fireworks on the second and third days of Diwali. While the date of Diwali changes each year, it is generally observed between October and November. A 2019 measure (SB 1348) signed into law included the provisions of HB 2295 but with a sunset date of January 1, 2021. This year’s proposal seeks to make the change permanent. The League did not take a position on HB 2255 as it moved through the House. However, an amendment adopted in the Senate Appropriations Committee raises serious concerns for cities and towns. The amendment precludes counties and municipalities from regulating the use of permissible fireworks if the fireworks are being used as part of a religious ceremony. Because religious ceremonies are not defined, the amendment opens the door for those wishing to abuse this exemption to claim their use of fireworks is for a religious purpose. The amendment also precludes existing statute that, among other powers, provides authority to prohibit the use of fireworks in the wildland-urban interface during high fire risk. The League is working to communicate our concerns on the amendment with proponents of the change, lawmakers, and interested stakeholders. Passage of the amendment in its current form would be a reversal of SB 1275, one of the League’s resolutions this year to allow municipalities to prohibit fireworks during overnight hours. Wildfire Season Outlook This week, Governor Ducey and wildfire officials held a press conference to stress the importance of fire prevention. Last summer’s active monsoon season created an abundance of grass that has since dried out and created a fuel-bed posing risk for communities. The Governor highlighted the Arizona Healthy Forest Initiative. The initiative is a multi-agency effort to reduce the risk of wildfires on federal lands and neighboring communities. Part of the initiative established a joint program between the Department of Forestry and Fire Management (DFFM) and the Department of Corrections, Rehabilitation, and Reentry to train low-risk inmates to manage vegetation for post-sentence employment. The first class of 100 participants graduated from training last month. The Governor’s executive budget proposes to allocate $36.2 million for phase II of the initiative and $16.8 million in ongoing funding for the Fire Suppression Revolving Fund to DFFM. Monies in the latter fund are utilized to reimburse localities and districts for expenses incurred while responding to wildfires. Governor Ducey indicated he looks forward to working with the Legislature to secure this funding.  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 14 - April 15, 2022 Legislative Update: Today is day 96 of the legislative session. Both chambers gaveled-in to consider light calendars this week. On Tuesday, the House adjourned until Monday, April 18, and the Senate followed suit on Wednesday. With one-vote margins in both the chambers, the Senate struggled to keep the Republican majority in attendance this week and opted to hold off on considering partisan bills for the time being. The governor has signed 148 measures into law and has not vetoed any bills. There are 89 House bills pending the Senate Rules Committee, while 65 Senate bills await consideration in the House Rules Committee. Twenty bills are ready for Third Read in the Senate, and two await a vote in the House. Today marks the end of the period for conference committee. However, lawmakers can always motion to extend this timeframe in the future if the need arises. Budget Outlook Earlier this week, the House Rules Committee passed a motion to allow for the late introduction of measures relating to revenues and expenditures. Capitol observers initially believed the motion might indicate progress towards consensus on a budget package. House leadership later shared, however, that the motion will allow the House to introduce budget bills whenever they are ready but did not indicate when that may be. With no consensus on a budget in sight, the capitol community waits in limbo as we near the 100-day milestone. Capitol journalists have speculated about the possibility of the legislature taking up a "skinny budget" (a budget to fund ongoing spending, with no additional dollars for new or existing programs). The prospects of such an option remain unclear as lawmakers from both parties have publicly expressed they would not vote for a baseline budget for different reasons. Some legislators would like to see the state's $5.2 billion surplus spent on K-12 education and homelessness, while others would like to see less government spending and paying down of state debt. The Senate President publicly indicated that the session could span into the summer if lawmakers don't first address a proposal to accelerate the phase-in of a flat income tax. Another issue on the table is the governor’s proposal to create the Arizona Water Authority, a new state agency charged with finding new water resources for the state. In the governor’s State of the State, he called for a billion-dollar investment to secure the state’s water future. The proposed new agency paired with outlined goals for augmenting Arizona’s water portfolio will have fiscal implications and would have to be considered in broader budget negotiations and discussions. Vote Recount Margin A measure to increase the threshold to trigger automatic recounts of close elections has received bipartisan support from lawmakers. SB 1008 elections; recount margin replaces the current automatic recount margin of a lesser of one-tenth of one percent or 10-200 votes with an automatic trigger of one-half of one percent. Under current law, an automatic recount is triggered for city and town offices if the number of votes cast between two candidates is less than or equal to 10 votes. SB 1008 proposes to change the margin for all races or measures to amend the constitution to one-half of one percent. Proponents of the measure argue that increasing the margin is reasonable as it would align Arizona with practices in other states and create uniformity for all candidates. Elections for PCs, school district governing boards, community college district boards, fire district boards, and other special districts would be exempt from the automatic recount margin. The measure has the potential impact of delaying final results and increasing costs associated with elections due to the additional time and personnel needed to conduct recounts. Lawmakers on both sides of the aisle support the measure as they believe it is a sensible reform that will strengthen voters' confidence in elections. SB 1008 passed the House Government & Elections committee with unanimous support and is pending House 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 From:League of Arizona Cities and Towns To:Elizabeth Klein Subject:AZ League Legislative Bulletin: Issue 15 - April 22, 2022 Date:Friday, April 22, 2022 9:31:29 PM EXTERNAL EMAIL View in browser AZ League Legislative Bulletin: Issue 15 - April 22, 2022 Legislative Update: Today is the 103rd day of the legislative session. Lawmakers have sent 199 bills to the governor, and he has signed 163 measures into law. Except for bills with an emergency clause, these measures will be effective 90 days after the legislature adjourns sine die. Thirty-six bills await action from the executive, and no bills have been vetoed. Tuesday was the 100th day of session, which is generally used as a target for marking the end or near end of the session. If lawmakers are still working past the Saturday of the week on which the 100th day falls, lawmakers can vote to extend the session by no more than seven days, with a majority vote in each chamber. Motions to extend sessions are common. With no consensus on a budget and several other policy areas topics, the Capitol community is bracing for a longer than usual session this year. Skinny Budget On Monday, the House suspended its rules to allow for late introduction of 12 budget bills. The measures, HB 2841 – HB 2852, continue the current year’s budget with adjustments for inflation and growth. This baseline budget has been dubbed the ‘skinny budget’ as it would not add new or additional expenditures besides those included in the previous year’s $13 billion budget. The measures were considered in the House Appropriations Committee on Wednesday but failed to garner sufficient votes to pass, with all 12 failing by a 6-7 vote. Democrats on the committee voted against the measures arguing that the package failed to provide sufficient funding to address needs across the state. Representative Michelle Udall (R-Mesa) sided with Democrats in voting against the skinny budget, citing vital funding not included in the introduced package, such as funding for wildfire suppression and pay raises for child-welfare workers. Representative Jake Hoffman (R-Queen Creek) also joined Democrats in opposing the measures but for different reasons, citing concerns over government spending. Proponents of the skinny budget hoped the proposal would be an avenue to continue government operations, which could be followed by continued negotiations on additional funding measures. With lawmakers’ rejection of the proposal, legislative leaders return to the drawing board as they seek to put together a package that has sufficient support to pass. Issues top of mind include education funding, water, changes to last year’s tax cut package, and border security. Given the deep divisions amongst lawmakers, and the one-vote majorities in both chambers, a rare bi-partisan budget could be on the horizon. General Plan Amendments A measure to require that all major amendments to a municipality’s general plan be proposed for adoption at a public hearing within 12 months rather than at a single public hearing during the calendar year has received bipartisan support. HB 2482, sponsored by Representative Teresa Martinez (R-Casa Grande), was a League resolution in 2021. Cities and towns support the bill as it allows for additional flexibility in the timeline for which amendments to the general plan may be proposed. HB 2482 has passed both chambers and was signed into law this afternoon. 2022 Session Timeline Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/10 – First day of session 1/13 – House 7-bill Introduction Limit Begins (5 p.m.) 1/31 - Senate bill introduction deadline (5 p.m.) February 2/7 – House Bill Introduction Deadline (5 p.m.) 2/14 - 2/18 – Last week to hear bills in the chamber of origin March 3/21 – 3/25 – Last week to hear bills in the opposing chamber April 4/15 – Last Day for Conference Committees 4/19 – 100th Day of Session Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. Legislative Bill Monitoring #Keepup with us on Twitter. Keep up with the issues and events. CLICK HERE League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org Click here to Subscribe. No longer want to receive these emails? 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