HomeMy WebLinkAboutRes 2007-47RESOLUTION NO.2007-47
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE ARIZONA DEPARTMENT OF WATER RESOURCES AND
CHAPARRAL CITY WATER COMPANY RELATING TO THE RINSE
SMART NOZZLE CONVERSION PROGRAM FOR RESTAURANTS
LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS.
WHEREAS, the Arizona Department of Water Resources ("ADWR") has implemented a
water efficiency program (the "Rinse Smart Program") to replace restaurant and food service
spray nozzles with "rinse smart" spray nozzles; and
WHEREAS, "rinse smart" spray nozzles have been proven to cut restaurant water use
for rinsing dishes in half; and
WHEREAS, in its ongoing effort to promote water conservation, the Town of Fountain
Hills (the "Town") desires to implement the Rinse Smart Program for restaurants located within
Fountain Hills; and
WHEREAS, ADWR desires to assist the Town in such an effort by installing "rinse
smart" nozzles in restaurants within Fountain Hills as well as assisting with marketing the
program; and
WHEREAS, the Chaparral City Water Company ("CCWC") desires to assist the Town in
such an effort by providing the Town and ADWR with necessary water data; and
WHEREAS, for such purposes, a memorandum of understanding between the Town,
ADWR, and CCWC has been prepared,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the memorandum of understanding between the Town, ADWR and
CCWC, is hereby approved in the form attached hereto as Exhibit A and incorporated herein by
this reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute such documents and to take such other and further
actions as may be necessary or appropriate to carry out the purpose of this Resolution.
763979.1
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, October 18, 2007.
FOR THE TOWN OF FOUNTAIN HILLS:
ATTEST:
W. J. Nichols, Mayor
REVIEWED BY:
Timothy G. Pickering, Town Manager
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
763979.1
2
EXHIBIT A
TO
RESOLUTION NO.2007-47
[Memorandum of Understanding]
See following pages.
FEWIL1l
LICENSE AGREEMENT
A R I Z O N A
The Arizona Rinse Smart program was developed by the Arizona Department of Water
Resources (ADWR) to promote water efficiency for food industries through the use of
the best available technologies for water conservation. ADWR is herein referred to as the
LICENSOR. Organizations and individuals who agree to comply with the terms and
conditions set forth herein are authorized to use the Arizona Rinse Smart logo and related
material.
(Organization or individual's name)
Herein referred to as LICENSEE, is desirous of participating in the Arizona Rinse Smart
program.
Effective on the subscribed date, in consideration of receipt of the program logo and related
materials, LICENSEE agrees to the following terms and conditions.
1. Use of Program Logo and Related Materials
LICENSOR grants LICENSEE, its agents and employees a non-exclusive,
nontransferable, royalty -free right to use the program logo and related materials in
accordance with, and in the form and manner prescribed in the Logo Use Guidelines,
a copy of which is attached and made a part hereof by reference, as such guidelines
may be amended from time to time. LICENSEE must submit a written request to the
Arizona Department of Water Resources and receive written permission to use the
logo in a form or manner other than the way prescribed in the Logo Use Guidelines.
LICENSOR reserves the right to deny granting of license agreement or use of logo to
anyone.
Quality Maintenance Standards
LICENSEE shall cooperate with the LICENSOR in assuring proper use of the
program logo and related materials, in accordance with the Logo Use Guidelines.
Such cooperation shall include the completion of surveys related to logo use and
providing LICENSOR with specimens of the use of the program logo and related
materials upon request. LICENSEE shall comply with the applicable laws and
regulations and obtain all appropriate government approvals pertaining to advertising
or promotional materials bearing the program logo. LICENSEE shall use the program
logo only in such a manner that promotes Arizona water efficiency in a positive, non-
partisan manner.
Termination
A. LICENSOR may terminate this agreement with thirty (30) days written notice to
LICENSEE upon completion of the Arizona Rinse Smart program. LICENSEE
may terminate this agreement upon thirty (30) days written notice to LICENSOR.
Upon such termination, LICENSEE shall in a timely manner discontinue all use
of the program logo and related materials, and delete the same from its
promotional advertising, selling and other printed materials.
B. LICENSOR may terminate this agreement with thirty (30) days written notice to
LICENSEE for breach of any of the provisions of this agreement by LICENSEE.
Upon such termination, LICENSEE shall immediately discontinue all use of the
program logo and related materials, and delete the same from its promotional
advertising, selling and other printed materials and destroy all printed materials
bearing the program logo and any related materials.
For LICENSEE (Organization or Individual)
By (Authorized Signature) Date
Name and title of person signing (please print)
Street Address
City State Zip Code
U U
Telephone Fax
Email Address
Type of company (please mark all that apply)
❑ Restaurant Owner ❑ Water Wholesaler
❑ Water Company ❑ ADWR Consultant
❑ State Government
❑ City Government
❑ Federal Government
❑ Utility Company
❑County Cooperative Extension Office
MEMORANDUM OF UNDERSTANDING
OF THE PARTICIPANTS OF
THE ARIZONA RINSE SMART PROGRAM
BETWEEN THE
ARIZONA DEPARTMENT OF WATER RESOURCES,
CHAPARRAL WATER COMPANY
AND
TOWN OF FOUNTAIN HILLS
I. INTRODUCTION
Arizona Rinse Smart is a new water efficiency program for the restaurant and food service
industry. This direct -install program will focus on the replacement of high water use, low-
pressure pre -rinse spray valves with lower water use and higher pressure valves. Pre -rinse spray
valves are primarily used by many food service establishments to remove food particles before
plates and trays are placed within commercial dishwashers.
Typically, the restaurant industry is a hard sector to reach with water efficient technologies.
About two-thirds of the water used by restaurants is used for dishwashing. Water use can be
reduced by installing water and energy efficient dishwashers and prc-rinse spray valves. Older,
inefficient spray valves installed on rinsing equipment are typically rated at 2.5 gallons per
minute or greater at 60 psi pressure. The new valves used in the Arizona Rinse Smart program
are rated at 1.6 gallons per minute at 60 psi pressure.
This Memorandum of Understanding (MOU) between the Arizona Department of Water
Resources (ADWR), Chaparral City Water Company (CCWC) and Town of Fountain Hills
(TOFH) establishes the framework for the cooperative pursuit of the objective stated below.
This effort is titled the "Arizona Rinse Smart Program" and is hereafter referred to as the
"Program."
II. OBJECTIVE
The objective of this Program and this MOU is to develop a cooperative effort to replace high
water use pre -rinse spray valves in commercial kitchens within the portion of CCWC service
territories located inside the TOFH boundaries, and to evaluate the resulting water savings.
III. COOPERATION
Through this MOU, the Program seeks to achieve the objective above by taking the following
actions:
A. TOFH will work with CCWC to identify appropriate business segments with commercial
kitchens within the TOFH boundaries and will provide ADWR with installation
information to include the name and address of each facility and the number of nozzles
each establishment will require.
B. ADWR will provide a number of water -efficient spray valves for installation in
commercial kitchens that participate as part of this Program. The valves will be provided
free of charge, in a timeframe reasonable to complete all scheduled installations. As
appropriate, ADWR or its consultant will provide the installations. Any valves not
installed will be retained by ADWR.
C. ADWR will assume responsibility for scheduling and the cost for installation of all
valves it distributes as part of this Program whether performed by ADWR or its
consultant.
D. ADWR, or its consultant, as part of the installation process, will provide customer
training on how to use the water -efficient spray valve.
E. With the consent of the ACC, CCWC will provide ADWR and the TOFH with water -
savings data resulting from the replacement of high water use valves in this Program by
using existing utility bills. ADWR requires one year of both pre and post install data to
ensure an accurate estimate of total water -savings generated by this Program can be
established.
F. TOFH, in coordination with ADWR, will conduct promotional efforts and will prepare
all marketing and other collateral materials it deems appropriate to promote the Program
to its customers.
IV. IMPLEMENTATION AND ADMINISTRATION
ADWR will manage the Program and will provide administrative and technical support for this
cooperative effort. Participants will be responsible for briefing their respective agency or
organization.
V. LIMITATIONS
Nothing in this MOU shall be construed as limiting or affecting the legal authorities or
management abilities of any of the participants. Any party to this MOU may withdraw from this
agreement by providing written notice of termination to ADWR.
VI. USE OF LOGOS & MATERIALS
2
Participants in this Program shall display the Arizona Rinse Smart logo on bill inserts and
promotional materials related to the Program as depicted below:
I I I
A R I Z O N A
OMMADM
To use the logo, companies must submit a license agreement, in the form attached hereto as
Exhibit A. verifying their eligibility and agreeing to comply with the Logo Use Guidelines.
There is no cost to participate in the Program. Digital art will be provided at no cost to the
participant, and promotional items will be available for the cost of production.
The logo may only be used to promote the Arizona Rinse Smart Program. Participants may
incorporate the logo into their marketing plan and promotional material using camera-ready or
digital artwork with approval from the Department. Use of the Program logo by entities outside
of this MOU is prohibited unless authorized separately by ADWR through another agreement.
Use of the logo on promotional material in conjunction with logos of non -participating entities is
strictly prohibited.
The logo has been copyrighted and trademarked by ADWR and may only be used by those who
receive permission to do so through an acceptable participation agreement with ADWR. ADWR
has granted its permission for TOM and CCWC to use the logo in conjunction with this
Program. TOM and CCWC agree to use the logo according to the Logo Use Guidelines
attached hereto as Exhibit B.
The logo may only be used in a manner that positively promotes the Program and may never be
used in a manner that appears to be an endorsement of any kind by the state of Arizona. Any use
of the logo which is deemed a misrepresentation of the intended use by ADWR may result in the
suspension of the participation agreement.
3
VII. PRODUCT SPECIFICATIONS
Participants in this program must use products that meet the Program specifications for water
efficiency included with this MOU. If valves used in conjunction with this Program are not
provided by ADWR, ADWR shall, in its sole discretion, review and approve the
specifications of such substitute valves to determine if they achieve the same or increased
water efficiency standards as valves installed by ADWR.
4
MEMORANDUM OF UNDERSTANDING
OF THE PARTICPANTS OF
THE ARIZONA RINSE SMART PROGRAM
SIGNATURE PAGE
Arizona Department of Water Resources
Director, Arizona Department of Water Resources Date
Deputy Legal Counsel, ADWR Date
Chaparral Water Company
Chaparral Water Company Manager Date
Town of Fountain Hills
Town of Fountain Hills Town Manager Date
s
EXHIBIT A
TO
MEMORANDUM OF UNDERSTANDING
OF THE PARTICIPANTS OF
THE ARIZONA RINSE SMART PROGRAM
BETWEEN THE
ARIZONA DEPARTMENT OF WATER RESOURCES,
CHAPARRAL WATER COMPANY
AND
TOWN OF FOUNTAIN HILLS
[License Agreement]
See following pages.
LICENSE AGREEMENT
A R I Z O N A
The Arizona Rinse Smart program was developed by the Arizona Department of Water
'Resources (ADWR) to promote water efficiency for food industries through the use of
the best available technologies for water conservation. ADWR is herein referred to as the
LICENSOR. Organizations and individuals who agree to comply with the terms and
conditions set forth herein are authorized to use the Arizona Rinse Smart logo and related
material.
(Organization or individual's name)
Herein referred to as LICENSEE, is desirous of participating in the Arizona Rinse Smart
program.
Effective on the subscribed date, in consideration of receipt of the program logo and related
materials, LICENSEE agrees to the following terms and conditions.
1. Use of Program Logo and Related Materials
LICENSOR grants LICENSEE, its agents and employees a non-exclusive,
nontransferable, royalty -free right to use the program logo and related materials in
accordance with, and in the form and manner prescribed in the Logo Use Guidelines,
a copy of which is attached and made a part hereof by reference, as such guidelines
may be amended from time to time. LICENSEE must submit a written request to the
Arizona Department of Water Resources and receive written permission to use the
logo in a form or manner other than the way prescribed in the Logo Use Guidelines.
LICENSOR reserves the right to deny granting of license agreement or use of logo to
anyone.
2. Quality Maintenance Standards
LICENSEE shall cooperate with the LICENSOR in assuring proper use of the
program logo and related materials, in accordance with the Logo Use Guidelines.
Such cooperation shall include the completion of surveys related to logo use and
providing LICENSOR with specimens of the use of the program logo and related
materials upon request. LICENSEE shall comply with the applicable laws and
regulations and obtain all appropriate government approvals pertaining to advertising
or promotional materials bearing the program logo. LICENSEE shall use the program
logo only in such a manner that promotes Arizona water efficiency in a positive, non-
partisan manner.
3. Termination
A. LICENSOR may terminate this agreement with thirty (30) days written notice to
LICENSEE upon completion of the Arizona Rinse Smart program. LICENSEE
may terminate this agreement upon thirty (30) days written notice to LICENSOR.
Upon such termination, LICENSEE shall in a timely manner discontinue all use
of the program logo and related materials, and delete the same from its
promotional advertising, selling and other printed materials.
B. LICENSOR may terminate this agreement with thirty (30) days written notice to
LICENSEE for breach of any of the provisions of this agreement by LICENSEE.
Upon such termination, LICENSEE shall immediately discontinue all use of the
program logo and related materials, and delete the same from its promotional
advertising, selling and other printed materials and destroy all printed materials
bearing the program logo and any related materials.
For LICENSEE (Organization or Individual)
By (Authorized Signature) Date
Name and title of person signing (please print)
Street Address
City State Zip Code
U U
Telephone Fax
Email Address
Type of company (please mark all that apply)
❑ Restaurant Owner
❑ Water Company
❑ State Government
❑ City Government
❑ Federal Government
❑ Utility Company
❑County Cooperative Extension Office
❑ Water Wholesaler
❑ ADWR Consultant
EXHIBIT B
TO
MEMORANDUM OF UNDERSTANDING
OF THE PARTICIPANTS OF
THE ARIZONA RINSE SMART PROGRAM
BETWEEN THE
ARIZONA DEPARTMENT OF WATER RESOURCES,
CHAPARRAL WATER COMPANY
AND
TOWN OF FOUNTAIN HILLS
[Logo Use Guidelines]
See following pages.
A R I Z O N A
® 20M ADAF.'
Logo Use Guidelines
To use the logo, participants must submit a License Agreement verifying their eligibility and agreeing
to comply with the Logo Use Guidelines.
The Arizona Rinse Smart logo was developed by the Arizona Department of Water Resources
(ADWR) to promote water efficiency for industries through the use of the best available technologies
for water conservation. The logo has been copyrighted and trademarked by ADWR and may only be
used by those who have filed a participation agreement with ADWR.
The logo may only be used to promote the Arizona Rinse Smart Program. Participants may
incorporate the logo into their marketing plan and promotional material using camera-ready or digital
artwork with approval from the ADWR.
Use of Program logo by entities outside of this Agreement is prohibited unless authorized separately
by ADWR through another agreement. Use of the logo on promotional material in conjunction with
logos of non -participating entities is strictly prohibited.
The logo may only be used in a manner that positively promotes Arizona's water efficiency program
for the food service industry and may never be used in a manner that appears to be an endorsement of
the state of Arizona. Any use of the logo which is deemed a misrepresentation of the intended use by
ADWR may result in the suspension of the participation agreement.
Printine Specifications
Full -Color Reproduction
Logo may be reproduced in three -colors using the following guidelines:
Hose: Capital letter "S" in black to simulate a water hose
Water Drop: Black and blues in gradient form ranging from HEX code 24AOFF to HEX code 15087C,
with black in the gradient as well.
Wording: Lettering is in black
One -Color Reproduction
In one -color applications, the logo may be reproduced in black and white or in any one color that
matches the company profile.
Information
For more information on this program, please contact:
Marjie Risk
Arizona Department of Water Resources
3550 North Central Ave.
Phoenix, Arizona 85012
Telephone: 602-771-8422
Fax: 602-771-8681
mlriskAazwater. gov
Paul Charman
Arizona Department of Water Resources
3550 North Central Ave.
Phoenix, Arizona 85012
Telephone: 602-771-8423
Fax: 602-771-8681
pwcharman(aazwater.gov
(ADWR) AND THE CHAPARRAL CITY WATER COMPANY (CCWC) AND RESOLUTION 2007-47
TO ALLOW FOUNTAIN HILLS TO PARTICIPATE IN THE ARIZONA RINSE SMART PROGRAM.
Director of Planning and Zoning Richard Turner addressed the Council relative to this agenda item and said that
unfortunately Kate Zanon could not be present this evening. He advised that the Arizona Rinse Smart Program
was sponsored by the Department of Water Resources, the Water Conservation Division and the Bureau of
Reclamation. This was a water conservation effort for the restaurant industry and the goal was to replace
existing spray nozzles at restaurants used for rinsing dishes with Rinse Smart nozzles. The new nozzles had
been found to reduce water consumption by about 50% and the benefits of the nozzles were water and energy
conservation as well as a financial savings because of the saved water. He explained that in order to join the
program, the Council needed to enter into a Memorandum of Understanding with the State of Arizona
Department of Water Resources and the Chaparral City Water Company and approve the proposed resolution.
With approval of the program, Town staff would be responsible for providing a list of restaurants to participate
in the program, updating the Council and the community on the program and assisting the Department of Water
Resources with marketing. Mr. Turner advised that the Department of Water Resources would supply the
nozzles and administer the program, including marketing the program. The Chaparral City Water Company
would provide the Town and the Department of Water Resources with information on the amount of water used.
He added that staff recommended approval of Resolution 2007-47, which includes the Memorandum of
Understanding.
Vice Mayor Dickey MOVED to approve Resolution 2007-47 and Councilmember Archambault SECONDED
the motion.
Vice Mayor Dickey stated that this began with an e-mail in March when she read an article about the City of
Sedona and sent an e-mail to the Chaparral City Water Company and to the Chamber of Commerce. They all
met in July and the Council indicated their intent to pursue this at a meeting held in August. She said she was
very pleased that this was coming to fruition and looked forward to receiving a copy of the list of participants in
this "win -win" program. She added that perhaps they could also talk to the School District about this as well as
service organizations throughout the Town — anyone who had an industrial type of kitchen so that they too could
be made aware of this issue. She thanked everyone for their hard work in this area.
There were no citizens wishing to speak on this item.
The motion CARRIED UNANIMOUSLY (7-0).
Town Manager Tim Pickering advised that Senior Planner Bob Rodgers would present an overview of Agenda
Items #15, #16, #17, #18 and #19 at one time.
Town Attorney Andrew McGuire explained that the Town had not done a lot of the major amendments and
there was a requirement in place that every ordinance be published. The publishing requirement, when the
Town adopted large Code amendments, became extremely expensive for the Town Clerk's office (can take up
half of the budget). Thankfully, the statute allowed for adoption by a reference. If you first declare that
whatever the object is to be a public record, then it could be adopted by reference and not be published. The
Town did this a lot with its Building Codes and any other large amendments that were going to be 10, 20 or
even hundreds of pages long. He said that the Council would review two separate resolutions; one declaring the
Adult Business Zoning Regulations as a public record and the Adult Business Business Regulations as public
record and then there would be ordinances that adopted each one of those by reference. There were a series of
different resolutions and ordinances. He said that they could do one "global presentation" and then hold the
public hearing following that. (See additional discussion and action under Agenda Item #19.)
AGENDA ITEM #15 — CONSIDERATION OF RESOLUTION 2007-61, DECLARING THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADULT BUSINESS ZONING REGULATIONS, DATED OCTOBER
18 2007 A PUBLIC RECORD PURSUANT TO ARIZONA REVISED STATUTES SECTION 9-801.
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