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HomeMy WebLinkAboutPackets - Council Packets (1700)         AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION APRIL 6, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE The Town has modified its public comment procedures in the newly renovated town council chambers. For more details, please see the instructions for in person and/or virtual speakers at the end of the agenda. To watch and/or listen to the public meeting online, please visit https://www.orovalleyaz.gov/town/departments/town-clerk/meetings-and-agendas Executive Sessions – Upon a vote of the majority of the Town Council, the Council may enter into Executive Sessions pursuant to Arizona Revised Statutes §38-431.03 (A)(3) to obtain legal advice on matters listed on the Agenda.        REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   TOWN MANAGER'S REPORT   ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING   INFORMATIONAL ITEMS   CALL TO AUDIENCE – At this time, any member of the public is allowed to address the Mayor and Town Council on any issue not listed on today’s agenda. Pursuant to the Arizona Open Meeting Law, individual Council Members may ask Town Staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Mayor and Council may not discuss or take legal action on matters raised during “Call to Audience.” In order to speak during “Call to Audience” please specify what you wish to discuss when completing the blue speaker card.   PRESENTATIONS   1.Youth Art Presentation by Arts and Culture Ambassador Sasha Case   2.Presentation of graduates from the 2022 Oro Valley Community Academy   3.Proclamation - Education and Sharing Day, Oro Valley   4.Proclamation - National Public Safety Telecommunicators Week   CONSENT AGENDA  (Consideration and/or possible action)   A.Minutes - March 16, 2022   B.Resolution No. (R)22-11, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County on behalf of the Pima County Elections Department to provide election services for the August 2, 2022 Primary Election, the November 8, 2022 General Election, the August 6, 2024 Primary Election and the November 5, 2024 General Election   C.Resolution No. (R)22-13, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program   D.Resolution No. (R)22-12, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 21-22   E.Resolution No. (R)22-15, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 22-23   F.Resolution No. (R)22-16, amending the FY 2022/23 - FY 2023/24 Council Strategic Leadership Plan   REGULAR AGENDA   1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR FORK & FIRE SMOKEHOUSE & TAPROOM, LOCATED AT 11835 N. ORACLE ROAD #101   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SNOOZE, LOCATED AT 7315 N. ORACLE ROAD #161   3.PUBLIC HEARING: RESOLUTION NO. (R)22-14, DISCUSSION AND POSSIBLE ACTION REGARDING THE DEDICATION OF WESTWARD LOOK DRIVE AREAS FROM PRIVATE TO PUBLIC (ATTACHMENT 1) SUBJECT TO COMPLETION OF ALL NECESSARY DOCUMENTATION AS VERIFIED BY THE TOWN MANAGER   4.DISCUSSION AND POSSIBLE ACTION REGARDING ADA ACCESS AT THE COMMUNITY CENTER AND OTHER TOWN FACILITIES   FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H)   ADJOURNMENT OF THE REGULAR SESSION   STUDY SESSION   CALL TO ORDER   STUDY SESSION AGENDA     1.UPDATE AND PROGRESS REPORT REGARDING THE PARKS & RECREATION PROJECTS FUNDED BY THE COUNCIL APPROVED BOND   ADJOURNMENT OF THE STUDY SESSION The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 3/30/22 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at 229-4700. PUBLIC COMMENT ON AGENDA ITEMS The Town has modified its public comment procedures for its public bodies to allow for limited remote/virtual comment via Zoom. The public may provide comments remotely only on items posted as required Public Hearings, provided the speaker registers 24 hours prior to the meeting. For all other items, the public may complete a blue speaker card to be recognized in person by the Mayor, according to all other rules and procedures. Written comments can also be emailed to Town Clerk Michael Standish at mstandish@orovalleyaz.gov for distribution to the Town Council prior to the meeting. Further instructions to speakers are noted below. INSTRUCTIONS TO IN-PERSON SPEAKERS Members of the public shall be allowed to speak on posted public hearings and during Call to Audience when attending the meeting in person. The public may be allowed to speak on other posted items on the agenda at the discretion of the Mayor. If you wish to address the Town Council on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the blue speaker card which item number and topic you wish to speak on, or, if you wish to speak during Call to Audience, please specify what you wish to discuss. Please step forward to the podium when the Mayor calls on you to address the Council. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by Council. You will only be allowed to address the Council one time regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During Call to Audience, you may address the Council on any matter that is not on the agenda. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. INSTRUCTIONS TO VIRTUAL SPEAKERS FOR PUBLIC HEARINGS Members of the public may attend the meeting virtually and request to speak virtually on any agenda item that is listed as a Public Hearing. If you wish to address the Town Council virtually during any listed Public Hearing, please complete the online speaker form by clicking here https://forms.orovalleyaz.gov/forms/bluecard at least 24 hours prior to the start of the meeting. You must provide a valid email address in order to register. Town Staff will email you a link to the Zoom meeting the day of the meeting. After being recognized by the Mayor, staff will unmute your microphone access and you will have 3 minutes to address the Council. Further instructions regarding remote participation will be included in the email. Thank you for your cooperation.    Town Council Regular Session 1. Meeting Date:04/06/2022   Youth Art Presentation by Arts and Culture Ambassador Sasha Case Subject Youth Art Presentation by Arts and Culture Ambassador Sasha Case Summary Attachments No file(s) attached.    Town Council Regular Session 2. Meeting Date:04/06/2022   Community Academy 2022 Graduation Subject Presentation of graduates from the 2022 Oro Valley Community Academy Summary The purpose of this presentation is to recognize the graduates of the 2022 Oro Valley Community Academy class. Community Academy provides a fun and highly engaging opportunity for residents to learn more about the Town.  Nine classes were delivered by several Town staff members or community volunteers throughout the month of March. Topics included:  Oro Valley's form of government and department structure 1. The history of Oro Valley 2. An overview of Town Finances 3. Town growth trends and economic development 4. Zoning 101 and Development Review 5. Public Works - Infrastructure (Stormwater and Roadways)6. Implementation of the Parks and Recreation Master Plan7. Town Water Planning8. Public Safety9. In addition to the topics listed above, representatives from various boards, commissions and other volunteer opportunities encouraged participants to stay involved in the community by applying for vacancies or attending public meetings and events. This was the 24th annual Community Academy, which had the largest amount of participants registered than the past 5 years. This year 40 people consistently participated with 35 people graduating (attending at least 5 of the 9 classes). The majority of the graduates attended 90% of the classes. The list of the 2022 Community Academy graduates is in Attachment 1.  Attachments ATTACHMENT 1 - LIST OF THE 2022 COMMUNITY ACADEMY GRADUATES  Attachment 1 List of 2022 Community Academy Graduates 1.Brian Paradis 2.Erin Paradis 3.Bryon Barney 4.Linda Barney 5.Carla Weston 6.Fred Weston 7.Dale Ann Petersen 8.Desiree Juul Palmer 9.Diana Dee Moore 10.Diane Sala 11.William Sala 12.Dorris R.Torres 13.Luis Agapito 14.Emilia Riggenbach 15.Stanley Riggenbach 16.Jack Longley 17.James Williams 18.Jim Eng 19.Joanne Moothart 20.Joseph Nichols 21.John Vicente 22.Lorrie Thomas 23.Timothy Thomas 24.Manuel M.Ballestero 25.Mark Parston 26.Michael Burns 27.Michele Whitacre 28.Paul Lunde 29.Puntadeleste Bozeman 30.Roma Strong Zanders 31.Sandy Caster 32.Susan Pugliese 33.Suzie Terry 34.Thomas Murphy 35.Vasyl Zuk    Town Council Regular Session 3. Meeting Date:04/06/2022   Proclamation - Education and Sharing Day, Oro Valley Subject Proclamation - Education and Sharing Day, Oro Valley Summary Attachments Proclamation     Town Council Regular Session 4. Meeting Date:04/06/2022   Proclamation - National Public Safety Telecommunicators Week Subject Proclamation - National Public Safety Telecommunicators Week Summary Attachments Proclamation     Town Council Regular Session A. Meeting Date:04/06/2022   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Minutes - March 16, 2022 RECOMMENDATION: Staff recommends approval.  EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve (approve with the following changes) the March 16, 2022, minutes.  Attachments 3-16-22 Draft Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION MARCH 16, 2022 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER    Mayor Winfield called the meeting to order at 5:01 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor (attended via Zoom) Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Steve Solomon, Councilmember Absent:Josh Nicolson, Councilmember EXECUTIVE SESSION - Pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Magistrate annual performance review    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:02 p.m. pursuant to A.R.S. §38-431.03(A)(1) and (A)(3) Personnel matter - Town Magistrate annual performance review  Vote: 6 - 0 Carried    Mayor Winfield announced that the following staff would be joining Council in Executive Session: Magistrate Judge James Hazel, Town Attorney Jonathan Rothschild and Town Clerk Mike Standish.   RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield resumed the Regular Session at 6:15 p.m.   3/16/22 Minutes, Regular Session  1  ROLL CALL    Present: Joseph C. Winfield, Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Steve Solomon, Councilmember Absent: Melanie Barrett, Vice-Mayor Josh Nicolson, Councilmember   1.APPROVAL OF ANY DIRECTION TO THE TOWN ATTORNEY AND/OR NECESSARY STAFF AS DISCUSSED IN EXECUTIVE SESSION PERTAINING TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN MAGISTRATE       Vice Mayor Barrett joined the meeting via Zoom.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Tim Bohen to move as directed in Executive Session.  Vote: 6 - 0 Carried   PLEDGE OF ALLEGIANCE    Mayor Winfield led the audience in the Pledge of Alligance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town meetings.   COUNCIL REPORTS    Councilmember Jones-Ivey recognized Jacob Rosenlof, a fourth grader at Copper Creek Elementary, for his academic excellence and outstanding community service. Councilmember Jones-Ivey reported that Project Graduation was still in need of several items and volunteers to help with the event. Councilmember Greene provided a report on the Oro Valley bike trails and introduced a book titled "the loop ", written by Randolph Ford. Councilmember Greene introduced Mr. Ford and thanked him for writing the book. Councilmember Solomon voiced his concerns regarding improper ADA accesses at the Community and Recreation Center. Councilmember Solomon requested a future agenda item be placed on the April 6, 2022 Council Meeting Agenda, for discussion and possible action regarding ADA access to the Community and Recreation Center and other Town facilities. Seconded by Councilmember Greene.   TOWN MANAGER'S REPORT    Town Manager Mary Jacobs congratulated the following recipients for their recognitions from the 3/16/22 Minutes, Regular Session  2   Town Manager Mary Jacobs congratulated the following recipients for their recognitions from the Explorer Newspaper: "Best of the Northwest": Oro Valley Police Chief Kara Riley - Best Community Leader Parks and Recreation Director Kristy Diaz-Trahan and her entire team Oro Valley Aquatic Center - Best Swim School, lessons provided by FAST Oro Valley Aquatic Center - Best Place to Escape the Heat Oro Valley Naranja Park - Best Park in the Northwest "Reader Recommendations": Oro Valley Police Department - Best First Responder Agency Oro Valley River Front Park - Best Park El Conquistador Golf - Best Golf Course   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated that the order would stand as posted. Mayor Winfield provided the guidelines for participation in the Town Council's Regular Session meeting.   INFORMATIONAL ITEMS   1.FY 21/22 Financial Update Through January 2022       Councilmember Bohen asked for clarification on Informational Item #1 regarding the FY 21/22 Financial Update through January 2022. Chief Financial Officer David Gephart provided clarification regarding the FY 21/22 Financial Update through January 2022. Councilmember Nicolson joined the meeting via Zoom.   CALL TO AUDIENCE    Oro Valley resident Chris DeSimone voiced his concerns regarding garbage and field issues at Naranja Park and ADA accessibility at the Oro Valley Community and Recreation Center. Oro Valley resident Mike Zinkin voiced his concerns regarding Town policies and the Town budget. Oro Valley resident Rob Wanczyk voiced his concerns regarding ADA accessibility at the Community and Recreation Center and bond funding. Oro Valley resident Bill Rodman voiced his concerns regarding ADA accessibility at the Community and Recreation Center. Oro Valley resident Jim Horn voiced his concerns regarding ADA accessibility at the Community and Recreation Center. Oro Valley resident Dan Devou voiced his concerns regarding ADA accessibility at the Community and Recreation Center and the usage of the half cent sales tax. 3/16/22 Minutes, Regular Session  3    PRESENTATIONS   1.Proclamation - Week of the Young Child       Mayor Winfield proclaimed April 2nd through April 8th as Week of the Young Child in the Town of Oro Valley. Amy Morales Baum, President of the Southern Arizona Association for the Education of Young Children, accepted the proclamation.   CONSENT AGENDA   A.Minutes - March 2, 2022      B.Resolution No. (R)22-10, authorizing and approving amendment number 6 to the Intergovernmental Agreement between the Regional Transportation Authority of Pima County and the Town of Oro Valley for regional transit service improvements: Project 48B-Circulator Transit Services Improvement Project 47B-Special Needs Transit for the Elderly and Disabled       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to approve Consent Agenda items (A) and (B).  Vote: 7 - 0 Carried   REGULAR AGENDA   2.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 5 (GOVERNMENT) LIQUOR LICENSE FOR PUSCH RIDGE PRO SHOP AND GOLF COURSE, LOCATED AT 10000 N. ORACLE ROAD       Town Clerk Mike Standish provided the information for item #2. Mayor Winfield opened the public hearing. No comments were received. Mayor Winfield closed the public hearing.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve of the issuance of a Series 5 Liquor License to the Arizona Department of Liquor Licenses and Control for Bernard David Eaton for the Oro Valley Pusch Ridge Pro Shop and Golf Course, located at 10000 N. Oracle Road. Discussion ensued amongst Council and staff regarding item #2.    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve of the 3/16/22 Minutes, Regular Session  4   Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve of the issuance of a Series 5 Liquor License to the Arizona Department of Liquor Licenses and Control for Bernard David Eaton for the Oro Valley Pusch Ridge Pro Shop and Golf Course, located at 10000 N. Oracle Road.  Vote: 7 - 0 Carried   FUTURE AGENDA ITEMS    Councilmember Solomon requested a future agenda item be placed on the April 6, 2022 Council Meeting Agenda, for discussion and possible action regarding ADA access to the Community and Recreation Center and other Town facilities. Seconded by Councilmember Greene.   ADJOURNMENT    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to adjourn the meeting at 6:59 p.m.  Vote: 7 - 0 Carried     _____________________________________ Michelle Stine, MMC Deputy Town Clerk I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 16th day of March 2022. I further certify that the meeting was duly called and held and that a quorum was present. __________________________________________ Michael Standish, CMC Town Clerk 3/16/22 Minutes, Regular Session  5     Town Council Regular Session B. Meeting Date:04/06/2022   Requested by: Mike Standish Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)22-11, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County on behalf of the Pima County Elections Department to provide election services for the August 2, 2022 Primary Election, the November 8, 2022 General Election, the August 6, 2024 Primary Election and the November 5, 2024 General Election RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The attached resolution authorizes and approves an IGA between the Town and Pima County for the Pima County Elections Department to provide election services to the Town from May 1, 2022, through December 31, 2025. Services provided by the Pima County Elections Department include voting equipment, poll worker recruitment, training and service, polling place acquisition and use, sample ballot printing and postage, translation services, early and provisional ballot processing, all supplies, supply delivery and pickup, law enforcement, technical support and election night processing and tabulation. BACKGROUND OR DETAILED INFORMATION: ARS § 16-408(D) permits the governing body to enter into an agreement with the county Board of Supervisors and Recorder for election services. FISCAL IMPACT: A total of $75,000 was budgeted for the 2022 Primary and General Elections.  Of this $75,000, $56,000 was budgeted to cover the costs expected to be incurred through this IGA with the Pima County Elections Department for services rendered to the Town for the 2022 Primary and General Elections ($28,000 for the Primary and $28,000 for the General, if needed). Per this IGA, a fee of $0.75 per registered voter will apply for the 2022 election cycle, which is the same cost incurred by the Town under the previous IGA with the Pima County Elections Department for services rendered to the Town for the 2020 election cycle.  Costs under this IGA for the 2024 election cycle shall remain at the $0.75 per registered voter.  Breakdown of 2022 Election Costs (Includes costs for both the Primary and General Elections) IGA with the Pima County Elections Department for Election Services     $56,000 IGA with the Pima County Recorder's Office for Election Services            $14,000 (Approved by Council on 1/19/22) Internal Administrative Costs                                                                 $5,000 Total:                                                                                                           $75,000 SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)22-11, authorizing and approving an Intergovernmental Agreement I MOVE to (approve or deny) Resolution No. (R)22-11, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and Pima County on behalf of the Pima County Elections Department to provide election services for the August 2, 2022 Primary Election, the November 8, 2022 General Election, the August 6, 2024 Primary Election and the November 5, 2024 General Election. Attachments (R)22-11 Resolution Election Services  IGA with Pima County for Election Services  RESOLUTION NO. (R)22-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR ELECTION SERVICES TO BE EFFECTIVE MAY 1, 2022 THROUGH DECEMBER 31, 2025, AND THROUGH COMPLETION OF ALL OBLIGATIONS AND ACTIVITIES CONTEMPLATED BY THIS INTERGOVERNMENTAL AGREEMENT, PROVIDED THAT THE TERM SHALL CONTINUE THROUGH FINAL RESOLUTION OF ANY LEGAL CHALLENGE TO THE ELECTION WHEREAS, the Town of Oro Valley, pursuant to Arizona Revised Statutes (A.R.S.) § 11-952, is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, Pima County is authorized under A.R.S. §§ 16-205(C), 16-172, 16-405 et. seq., 16- 450, 11-251(3), 11-951 et. seq. to perform services regarding elections; and WHEREAS, pursuant to A.R.S. Title 9, Title 11 and Title 16, the Town of Oro Valley, Arizona is allowed to call for Elections; and WHEREAS, Pima County and the Town of Oro Valley have determined that the use of the services of the Pima County Elections Department by the Town of Oro Valley is in the public interest and that Pima County agrees to provide said services. NOW, THEREFORE, be it resolved by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1.That the Intergovernmental Agreement between the Town of Oro Valley and Pima County for Election Services, attached hereto as Exhibit “A”, is hereby approved. SECTION 2.That the Mayor of the Town of Oro Valley and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Intergovernmental Agreement. SECTION 4.All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 5.If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Intergovernmental Agreement attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. 2 PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 6th day of April, 2022. TOWN OF ORO VALLEY, ARIZONA Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: 3 EXHIBIT “A” 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx INTERGOVERNMENTAL AGREEMENT For Election Services Among the Town of Oro Valley and Pima County This Intergovernmental Agreement (IGA) is by and among TOWN OF ORO VALLEY OF PIMA COUNTY, ARIZONA, a municipal subdivision of the State of Arizona (“the Town”) and PIMA COUNTY, a political subdivision of the State of Arizona (“the County”), on behalf of the PIMA COUNTY ELECTIONS DEPARTMENT (the “Elections Department”). WHEREAS, the County of Pima has a comprehensive voting system and certified elections officials; and WHEREAS, the Town of Oro Valley, an Arizona political subdivision pursuant to A.R.S. §9-231 (A), seeks Pima County’s assistance in the preparation and conduct of the Town’s primary elections, general elections and special elections; NOW, THEREFORE, IT IS AGREED by and between the County, on behalf of its Elections Department, and the Town, pursuant to A.R.S. §§ 16-205(C), 16-172, 16-405 et seq., 16-450, 11-251(3), and 11-951, et seq., as follows: 1.Purpose. The purpose of this IGA is to provide election services to the Town for the Town’s primary elections, general elections and special elections. 2.County Obligations. County shall: A.Provide election services as requested by the Town Clerk at the applicable cost set forth in Pima County Fee Ordinance 2018-20, which is attached hereto as Exhibit A, or subsequent ordinances amending the Pima County Election’s Office Fee Schedule. B.Provide final camera-ready ballot formats to the Town, including Spanish language translations, no later than 55 days prior to each election. Upon written notice of a need for a change to the ballot format approved by the Town, the Elections Department shall, if possible, arrange for the corrections to be made by the vendor. The Elections Department will inform the Town of any additional charges incurred. C.Prepare and deliver an invoice to the Town from the Elections Department for election costs pursuant to this IGA, within forty-five (45) days after the date of each election. The invoice will be based on the level of service. D.Assure that all polling locations (if used) comply with the Americans with Disabilities Act by using the ADA Checklist for Polling Places (2004) published by the U.S. Department of Justice. 3.Town Obligations. The Town shall: A.Make arrangements with the County for any necessary language translations as required by Section 203 of the Voting Rights Act. B.Provide the County Elections Department with the final certified copy of any ballot issue for a Town election at least 120 days prior to the election, unless a different timeframe is otherwise mutually agreed upon. The final certified copy of the ballot issue will be provided in an electronic format (Microsoft Word). C. Review and approve the camera-ready ballot formats provided by the Elections Department 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx no more than two (2) business days after receipt. The Town must notify the Elections Department, in writing, of any required changes after the ballot format has been approved. D. Be responsible for the preparation and distribution of publicity pamphlets, including, but not limited to, any requisite translation, printing and mailing. E.Pay any and all charges for printing of publicity pamphlet by commercial means directly to the commercial vendor providing such services. F.Arrange for and publish any and all notices of each election as required by law. G.Prepare and timely submit any reports required under A.R.S. § 16-409(B). H.Should the election be challenged or questioned for any reason whatsoever, the Town shall be responsible for defense. This duty shall survive the expiration of the IGA, provided that County shall cooperate with Town in making relevant information and witnesses available upon reasonable request. I.Within thirty (30) days of date of the invoice, Town shall reimburse County, in full, for invoiced costs of election at the rates set forth in Exhibit A. J.The Town will, within thirty (30) days of the date of the invoice, pay the Elections Department the actual costs for any changes to ballots incurred by the Elections Department. K. Any amount invoiced by the County that is not paid thirty (30) days from the date of the invoice shall accrue interest at the rate of ten percent (10%) per annum until paid. The Town expressly acknowledges and agrees that the payments required to be made hereunder constitute valid, binding obligations and authorized debt of the Town. 4.Term. This IGA must be approved and signed by both parties. The effective start date is May 1, 2022. This IGA shall terminate on December 31, 2025. Any modification or time extension of this IGA shall be by formal written amendment and executed by the parties hereto. 6.Hold Harmless Clause. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily injury or any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees or volunteers. 7.Compliance with Applicable Laws. The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. Any changes in the governing laws, rules and regulations during the terms of this IGA shall apply but do not require an amendment. 8.Non-Discrimination. Neither party will discriminate against the other party’s employee, client or any other individual in any way involved with, the other party, because of that person’s age, race, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this IGA. Both parties agree to comply with the provisions of A.R.S. §41-1463 and of Executive 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx Order 75-5, as amended by Executive Order 2009-09, which are incorporated into this IGA by reference, as is set forth in full herein. 9.Americans With Disabilities Act. This IGA is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101-12213) and all applicable Federal Regulations under the Act, including 28 CFR Parts 35 and 36. 10.Severability. If any provision of this IGA or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 11.Conflict of Interest. This IGA is subject to the cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 12.Non-Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the County Board of Supervisors or Town does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, County or Town shall have no further obligation other than for payment for services rendered prior to cancellation. 13.Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, declares that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 14.Worker’s Compensation. Each party shall comply with the notice of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility of the payment of Worker’s Compensation benefits or other fringe benefits of said employees. 15.No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Town employees, or between the Town and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other party, including (without limitation) any other party’s obligation to withhold Social Security and income taxes for itself or any of its employees. 16.No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to, or rights in, third parties not parties to this IGA, or to affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. 17.Resolution of Conflicting Needs. In the event conflict arises between the County and Town of Oro Valley over the use of voting equipment, vote tallying equipment, or County elections personnel, County shall have priority, but shall make reasonable efforts to reconcile conflicts so that neither party will suffer as a consequence of conflict. 18.Notice. Any notice required pursuant to this IGA shall be given to: County: Jan Lesher Mary Martinson 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx Acting County Administrator Interim Elections Director 130 W. Congress St., 10th Floor 6550 S. Country Club Tucson, AZ 85701 Tucson, AZ 85756 Phone: (520) 724-8661 Phone: (520) 724-6830 Fax: (520) 724-8171 Fax: (520) 724-6870 Melissa Manriquez Clerk of the Board of Supervisors 130 W. Congress St., 5th Floor Tucson, AZ 85701 Phone: (520) 724-8449 Fax: (520) 222-0448 Town: Michael Standish Town Clerk, Town of Oro Valley 11000 N La Canada Drive Oro Valley, AZ 85737 Phone: (520) 229-4741 Fax: (520) 297-0428 19.Termination. Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of Town paid to County in accordance with this IGA and not encumbered at the time of termination shall be refunded to Town and, if Town terminates, Town shall pay any and all costs of County incurred up to the date of termination or as a result of termination. 20.Immigration. A.R.S. § 41-4401 prohibits government entities from entering into an agreement with any other government entity contractor or subcontractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, each party agrees that: 1.Party and each subcontractor it uses warrants its compliance with all federal immigration laws and regulations that relate to its employees and its compliance with §23-214, subsection A. 2.A breach of a warranty under paragraph 1 shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement. 3.Each Party retains the legal right to inspect the papers of the Party or subcontractor employee(s) who work(s) on this Agreement to ensure that Party or subcontractor is complying with the warranty under paragraph 1. 21.Insurance. Each party will obtain and maintain at its own expense, during the entire term of this IGA the following type(s) and amounts of insurance: Commercial General Liability in the amount of $2,000,000.00 combined single limit Bodily Injury and Property Damage. Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this Contract with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage. If this Contract involves professional services, professional liability insurance in the amount of $1,000,000.00. 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx If required by law, workers’ compensation coverage including employees’ liability coverage. Each party will provide thirty (30) days written notice to the other party of cancellation, non- renewal or material change of coverage. The above requirement may be alternatively met through self-insurance pursuant to A.R.S. §§ 11- 261 and 11-981 (or if a school district, § 15-382) or participation in an insurance risk pool under A.R.S. § 11.952.01 (if a school district, § 15-382), at no less than the minimum coverage levels set forth in this article. 22.Entire IGA. This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on this ______ day of _____________________, 2022. PIMA COUNTY: TOWN OF ORO VALLEY: Chair, Board of Supervisors Date Town of Oro Valley Date ATTEST: ATTEST: Clerk of the Board of Supervisors Date Town of Oro Valley Date APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Elections Director Date Town of Oro Valley Date The foregoing Intergovernmental Agreement between the Town of Oro Valley and Pima County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: TOWN OF ORO VALLEY: Deputy County Attorney Date Town of Oro Valley Attorney Date 02/07/2022 02/10/2022 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx PIMA COUNTY FEE SCHEDULE APPROVED JUNE 19, 2018 LEVEL 1. FULL SERVICE ELECTION 1.Salaries/Benefits: Permanent Employees: Total hourly rate for all Permanent Employees x the total number of hours = total cost. The total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total salaries and benefits per jurisdiction. Temporary Employees: Total hourly rate for all Temporary Employees hired to work elections x total number of hours (regular & overtime @ time and one-half) = total cost. Total cost x 1.1011 = Total Adjusted Cost. Total Adjusted Cost divided by total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total Temporary Employee cost. Poll Worker pay: Actual cost unless there is more than one election within a precinct. If more than one election is being held within a precinct, the formula is as follows: Total cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x the total number of registered voters in each jurisdiction = total cost per jurisdiction. There are 8 Poll Workers per board in each precinct. •Inspector: $200.00 •Judge of the Opposite Party: $170.00 •Judge of the Same Party: $155.00 •Marshal: $155.00 •Clerks: $155.00 each (4 clerks per polling place) Special training for certain or all Poll Workers may be necessary for training on new equipment, new legislation, new procedures, etc. - $50 per Poll Worker per day of training. Law enforcement (Used at the discretion of the Pima County Election’s Director): Actual cost. Technical Support Team – Actual Cost. Audit Board pay: Audit Board members will receive $75 per election. Auditors pay: Auditors (County employees) will receive $200 per election. 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx Receiving Board Members: Receiving Board Members will receive $120 per election. Inspection Board Members: Inspection Board Members will receive $160 per election. Logic and Accuracy Certification Board pay: Logic and Accuracy Certification Board members will receive $150.00 for their service in the conduct of the logic and accuracy test(s) and an additional $150.00 for their service on Election Day and post-Election Day. Overtime: Total number of overtime hours worked at time and one-half. Total cost of overtime divided by the total number of registered voters in all jurisdictions = unit price. Unit price x total number of registered voters in each jurisdiction = total cost per jurisdiction. 2.Early Ballot & Provisional Ballot Processing expenses: This cost will be implemented for any election with a combined total of 50,000 or more registered voters. This cost will be implemented at the discretion of the Pima County Elections Department. 1 – $75.00 minimum fee for 1 – 200 Early Ballots and Provisional Ballots. 2 – Over 200 Early Ballots and Provisional Ballots – the cost is $.50 per ballot. 3.Ballot Printing:Actual cost (includes Early Ballots and Election Day Ballots). 4.Advertising: Actual cost if County submits the advertisement. 5.TSX Programing: Actual Cost 6.Professional Services: Postage: Actual cost. Printing: Actual cost. Sort, label & mail: Actual cost. Translations: Actual cost. 7.Computer: Total number of hours x $65.00 = total cost of counting ballots (this includes Early Ballots, Election Day Ballot results and Provisional Ballots). 91476 / 00966230 / v 1 IGA-2022 Oro Valley DRAFT (00966230xCDD05).docx Total cost divided by the total number of ballots cast for all jurisdictions = unit price. Unit price x total number of ballots cast for each jurisdiction = total cost per jurisdiction. 8.Building Rental: Actual cost of polling place and class instruction facilities. 9.Precinct package preparation fee: $300 per package x total number of voting areas per jurisdiction. (Package includes supply box, Touch Screen and ballot box.) 10.Other: Voting Booth Rental: $10.00 per booth. Handicapped Booth: $12.00 per booth. Miscellaneous charges: Other charge(s) incurred related to the conduct of the election. Charges may include cost of mileage, vehicle rental, photocopies, maps, cellular phone call charges, etc. 11.Replacement Costs: Actual cost. 91476 / 00966230 / v 1 IGA-2022 Oro Valley 2022 - 2025 LEVEL 2. CONSOLIDATED ELECTIONS Any jurisdiction may choose to have its election combined with any countywide election. A fee of 75 cents* per registered voter will apply. The seventy-five cent fee covers the following services: •Poll Worker recruitment, training and service •Polling Place acquisition and use •Sample Ballot printing and postage •Translation services •Early and Provisional Ballot processing •All supplies •Supply delivery and pickup •Law Enforcement •Technical Support •Election night processing and tabulation If an election is held during a countywide Primary Election, the jurisdiction will pay actual cost of additional ballots needed. Any additional services requested by the jurisdiction are provided on actual cost basis. *Any jurisdiction that has 300 or less registered voters will not be charged the fee for a consolidated election. If a water district that has 300 or less registered voters chooses to have a property owner ballot, the district will pay the 75-cent fee plus the actual additional charges incurred with property owner ballots. 91476 / 00966230 / v 1 IGA-2022 Oro Valley 2022 - 2025 LEVEL 3. NON-GOVERNMENTAL ELECTIONS A non-governmental organization may have assistance from the Pima County Elections Department in conducting an election. A flat fee of $1,200 will apply. The Pima County Elections Department may provide services for Student Body Elections at no charge. The $1,200 covers the following services: Ballot Layout: The organization must provide the Pima County Elections Department with ballot language no later than 45 days prior to the election. If the ballot language is not provided within 45 days, the Pima County Elections Department will not do the ballot layout. The organization is responsible for printing ballots. The Pima County Elections Department will provide a suggested printing company’s name, telephone number and address at the request of the organization. Sample Ballot & Publicity Pamphlet: The jurisdiction is responsible for preparing and printing any sample ballot or publicity pamphlet. Poll Worker Acquisition & Training: The Pima County Elections Department will not recruit Poll Workers, nor will they staff a polling place. The Pima County Elections Department will train Poll Workers, at the request of the organization. The Pima County Elections Department will supply lists of Poll Workers in the area at the request of the organization. The jurisdiction is responsible for acquiring a facility for Poll Worker training. Ballot Tabulation: The Pima County Elections Department will provide ballot tabulation during normal business hours at the Pima County Elections Department Office. Tabulation must be completed by the close of business. Polling Place Facilities: The jurisdiction is responsible for acquiring the facility for voting on Election Day. This includes setup and cleanup of facility. Non-Governmental Elections will not include Touch Screen Voting Devices. 91476 / 00966230 / v 1 IGA-2022 Oro Valley 2022 - 2025 PRICE LIST MAPS: Maps printed by an outside printer will be sold at actual cost. PHOTO COPIES: Photo copies are $.35 per page. If a document is two-sided and copies are two- sided, the cost is $.35 per side. RESEARCH FEES: A research fee will be assessed at the price of $25.00 per hour (one-hour minimum) for any information more than two calendar years old. ELECTION RESULTS: Election results are available on electronic media and are $10.00 per device.    Town Council Regular Session C. Meeting Date:04/06/2022   Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)22-13, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: For several years, the Arizona Department of Homeland Security (AZDOHS) has partnered with the Town of Oro Valley Police Department (OVPD), providing funding for Operation Stonegarden to include overtime and mileage, as well as the purchase of critical equipment. On February 23, 2022, OVPD was provided a notice awarding the funding for overtime and mileage. OVPD wishes to enter into a subgrantee agreement with AZDOHS to fund overtime and mileage for officers to be deployed under the Operation Stonegarden program. BACKGROUND OR DETAILED INFORMATION: The grant application was made in order to work in a regional partnership with other local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce crime and improve the quality of life for the residents and visitors of Oro Valley. This grant will use targeted deployments of officers and canine units to impact the flow of smugglers engaged in human trafficking and illegal contraband, as well as possible terrorists who intend to cause harm or commit crimes against this nation. FISCAL IMPACT: The capacity exists in the current FY 21/22 budget and will be requested in the FY 22/23 budget to accept this grant award for a total of $159,070. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)22-13, authorizing and approving a subgrantee agreement between the Town of Oro Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the Operation Stonegarden program. Attachments (R)22-13 Stonegarden OT & Mileage  Stonegarden OT & Mileage Agreement  RESOLUTION NO. (R)22-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DELEGATING AUTHORITY TO THE ORO VALLEY CHIEF OF POLICE TO SIGN, ON BEHALF OF THE TOWN OF ORO VALLEY, TO ENTER A SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO FUND OVERTIME AND MILEAGE UNDER THE OPERATION STONEGARDEN PROGRAM WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the Operation Stonegarden Program; and WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $159,070 which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection; and WHEREAS, it is in the best interest of the Town of Oro Valley to delegate authority to the Oro Valley Chief of Police to enter, the Subgrantee Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to receive funds which will be used to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of Oro Valley, Arizona, that: SECTION 1.Authority is delegated to the Oro Valley Chief of Police to enter the Subgrantee Agreement, on behalf of the Town, for the benefit of the Oro Valley Police Department and the Arizona Department of Homeland Security, attached hereto as Exhibit “A” and incorporated herein by this reference, to fund overtime and mileage under the Operation Stonegarden Program for deployments with the U.S. Department of Homeland Security Bureau of Customs and Border Protection. SECTION 2. The Mayor and other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Subgrantee Agreement. SECTION 3. All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Subgrantee Agreement attached hereto as Exhibit “A” is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 6 th day of April, 2022. TOWN OF ORO VALLEY, ARIZONA ______________________________ Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date:Date: EXHIBIT “A” 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 1 SUBRECIPIENT AGREEMENT OPERATION STONEGARDEN GRANT PROGRAM OVERTIME - MILEAGE 21-AZDOHS-OPSG-___________ (Enter Subrecipient Agreement number above (e.g., 210XXX-XX) Between The Arizona Department of Homeland Security And (Enter the name of the Subrecipient Agency above) DUNS Number___________ (Enter the DUNS number above) WHEREAS, A.R.S. section 41-4254 charges the Arizona Department of Homeland Security (AZDOHS) with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the (Enter the name of the Subrecipient Agency above) (Subrecipient) for services under the terms of this Agreement (the “Agreement”). I.PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. II.PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS This Agreement shall become effective on March 1, 2022 and shall terminate on March 31, 2023. The obligations of the Subrecipient as described herein will survive termination of this agreement. III.DESCRIPTION OF SERVICES The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient’s grant application titled: “OPSG OVERTIME - MILEAGE” and funded at $____________ (as may have been modified by the award letter). (Enter funded award amount above) IV.MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant #EMW-2021- SS-00005 and CFDA #97.067: a)Provide up to $ to the Subrecipient for services provided under Paragraph III. Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 2 Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the Subrecipient under this Agreement. V. FISCAL RESPONSIBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application and award documentation. Therefore, should the project not be completed, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the Subrecipient shall be for only the amount of dollars actually spent by the Subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMMATIC MONITORING The Subrecipient agrees to comply with the record-keeping requirements and other requirements of A.R.S. 35-214 and 35-215. a) In addition, in compliance with the Federal Single Audit Act (31 USC 7501-7507) as amended by the Single Audit Act Amendments of 1996 (P.L. 104-156) and 2 C.F.R. 200.501, the Subrecipient must have a Single Audit or program specific audit conducted in accordance with 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the Subrecipient expends $750,000 or more from Federal awards in its previous fiscal year. If the Subrecipient has expended $750,000 or more in Federal dollars, a copy of the Subrecipient’s single audit or program specific audit report for the previous fiscal year and subsequent fiscal years that fall within the period of performance is due annually to AZDOHS within nine (9) months of the Subrecipient’s fiscal year end. b) Failure to comply with any requirements imposed as a result of an audit will suspend reimbursement by AZDOHS to the Subrecipient until the Subrecipient is in compliance with all such requirements. Additionally, the Subrecipient will not be eligible for any new awards until the Subrecipient is in compliance with all such requirements. c) Subrecipients who do not expend $750,000 or more in Federal dollars in the previous fiscal year and subsequent fiscal years that fall within the period of performance must submit to AZDOHS via audits@azdohs.gov, a statement stating they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. d) Subrecipient will be monitored periodically by AZDOHS, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and on-site monitoring visits. Monitoring can involve aspects of the work involved under this Agreement including but not limited to the review and analysis of financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. Subrecipient shall participate in and cooperate with all such monitoring by AZDOHS, and shall provide access to all personnel, documents, and other records as may be requested from time to time by AZDOHS. Subrecipient also 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 3 shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the parties’ compliance with their obligations under this Agreement. e) The Subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this Agreement. VII. APPLICABLE STANDARDS AND REGULATIONS The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO) and Code of Federal Regulations (C.F.R.) 2 C.F.R. 200. The NOFO for this program is hereby incorporated into this Agreement by reference. By accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO and all other applicable law. Davis Bacon Act HSGP Program subrecipients using funds for construction projects must comply with the Davis- Bacon Act (40 U.S.C. 3141 et seq.). Subrecipients must obtain written approval from AZDOHS prior to use of any HSGP funds for construction or renovation. Subrecipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website https://www.dol.gov/whd/govcontracts/dbra.htm. Insurance Coverage The Subrecipient affirms the organization maintain insurance coverage as described in 2 C.F.R. 200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal (Subrecipient) entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award. National Incident Management System (NIMS) The Subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable NOFO. Environmental Planning and Historic Preservation The Subrecipient shall comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. See FEMA publication FP 108-023-1, titled “Environmental Planning and Historic Preservation (EHP) Policy Guidance,” available at https://www.fema.gov/media-library-data/1533321728657- 592e122ade85743d1760fd4747241776/GPD_EHP_Policy_Final_Amendment_GPD_final_508.pd f. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the Federal Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. If ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 4 disturbance and if any archeological resources are discovered, the Subrecipient shall immediately cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP review. In addition, the following provisions must be adhered to: Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the Subrecipient and 2 C.F.R. 200; and shall not exceed the maximum of $450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. This includes internal personnel hired on backfill/overtime to deliver training. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for consultants/trainers/training providers. See Travel Costs below. Contractors/Subcontractors The Subrecipient may enter into written subcontract(s) for performance of certain of its functions under the Agreement in accordance with terms established in 2 C.F.R. 200 and the applicable NOFO. The Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with respect to performance under this Agreement shall in any way relieve the Subrecipient of any responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the Subrecipient by any subcontractor or vendor which may result in litigation related in any way to this Agreement. Travel Costs All grant funds expended for travel, lodging, meals and incidentals are subject to the standards of the Subrecipient’s policies and procedures, as well as the State of Arizona Accounting Manual (SAAM). These policies must be applied uniformly to both federally financed and other activities of the Subrecipient. AZDOHS will reimburse at the most restrictive allowability and rate. At no time will the Subrecipient’s reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https://gao.az.gov/travel. Procurement The Subrecipient shall comply with its own procurement rules/policies and must also comply with Federal procurement rules/policies and all Arizona state procurement code provisions and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS via the Noncompetitive Procurement Request Form. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: https://azdohs.gov/grant-program-forms. Training and Exercise The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be included and approved in your application and/or approved through the DEMA/AZDOHS training request process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. The Subrecipient agrees to: 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 5 a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all related reimbursement requests. b) Email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs (DEMA) Exercise Branch within 90 days of completion of an exercise or as prescribed by the most current HSEEP guidance. Communications Equipment All Land Mobile Radio equipment purchased with Homeland Security funds is required to comply with the following: a) P25 (Project 25) standards; b) SAFECOM Guidance (see https://www.dhs.gov/safecom); c) Land Mobile Radio Minimum Equipment Standards as approved by the Statewide Interoperability Executive Committee (SIEC); and d) Arizona's State Interoperable Priority Programming Guide also as approved by the SIEC Nonsupplanting Agreement The Subrecipient shall not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources that would otherwise have been made available for this program/project. The Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the Subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. 41-4401—immigration laws and E-Verify requirement. a) The Subrecipient warrants its compliance with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to A.R.S. 23-214, Subsection A (that subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program”). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and the Subrecipient may be subject to penalties to be determined at AZDOHS’s discretion, up to and including termination of this Agreement. c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who works on the Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, to ensure that the Subrecipient is complying with the warranty under paragraph (a) above. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 6 Property Control Effective control and accountability must be maintained by Subrecipient for all property/equipment purchased under this Agreement. The Subrecipient must adequately safeguard all such property/equipment and must assure that it is used for authorized purposes as described in the NOFO, the grant application as approved by AZDOHS, and 2 C.F.R. 200. The Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Property/equipment shall be used by the Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 C.F.R. 200.313 - Equipment. Any loss, damage, or theft shall be investigated by Subrecipient and reported by Subrecipient to the AZDOHS. Any equipment lost, damaged or stolen shall be replaced by the Subrecipient at the Subrecipient’s expense and an updated Property Control Form shall be submitted to AZDOHS by Subrecipient. b) Nonexpendable Property/Equipment and Capital Assets: a. Nonexpendable Property/Equipment is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of $5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. b. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at https://azdohs.gov/grant-program-forms. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d) A physical inventory of Nonexpendable Property/Equipment and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. a. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported by Subrecipient to AZDOHS immediately. b. Adequate maintenance procedures must be developed to keep the property in good condition. e) When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational use by the Subrecipient, an updated Property Control Form must be submitted by Subrecipient to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200. If the Subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the Subrecipient must submit an Equipment Disposition Request Form to AZDOHS and receive approval prior to the disposition. The Equipment Disposition Guidance and Request Form can be found at https://azdohs.gov/grant-program-forms. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 7 f) Equipment Record Retention Pursuant to 2 C.F.R. 200.333(c), records for real property and equipment acquired with Federal funds must be retained for three (3) years after final disposition. Allowable Costs The allowability of costs incurred under this Agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. a) The Subrecipient agrees that use of grant funds for any indirect costs that may be incurred must be in accordance with 2 C.F.R. 200 and the applicable NOFO. Indirect costs must be applied for and approved in writing by the AZDOHS prior to expenditure and reimbursement. b) The Subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the Subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. VIII. RESEARCH AND DEVELOPMENT The Subrecipient agrees and understand that this award is not for Research and Development. IX. FUNDS MANAGEMENT The Subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with funds from other sources. The Subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The Subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed – it applies in all similar circumstances; and 3) consistently applied – it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the Subrecipient shall include: a) Programmatic Reports The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) calendar days of the last day of the quarter in which services are provided. The Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at https://azdohs.gov/grant-program-forms. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire project is completed. If the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 8 should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. b) Subrecipients must provide substantial/detailed information as to the status of completion of the milestones included in the application as approved by AZDOHS. Failure to adequately provide complete information will result in the Quarterly Report being rejected and resubmission will be required. c) Quarterly Programmatic Reports are due: January 15 (for the period from October 1– December 31) April 15 (for the period from January 1 – March 31) July 15 (for the period from April 1 – June 30) October 15 (for the period from July 1 – September 30) d) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). e) Property Control Form – if applicable: The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The Subrecipient’s use and disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 C.F.R. 200.313. f) Financial Reimbursements The Subrecipient shall provide AZDOHS with requests for reimbursement as frequently as monthly but not less than quarterly. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the period of performance. The final reimbursement must be received by AZDOHS no more than forty-five (45) calendar days after the end of the period of performance. Requests for reimbursement received by AZDOHS later than forty-five (45) calendar days after the end of the period of performance will not be paid. The final reimbursement request as submitted shall be marked as final. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Section II of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (i.e. cell phone service) will be deemed unallowable and will not be reimbursed. The AZDOHS requires that all requests for reimbursement are submitted via United States Postal Service, FedEx, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 9 The AZDOHS reserves the right to request and/or require any supporting documentation and/or information it feels necessary in order to process reimbursements. Subrecipient shall promptly provide AZDOHS with all such documents and/or information. All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The Subrecipient may not assign any rights hereunder without the express, prior written agreement of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representatives of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient’s reimbursement, if applicable; 3) be titled as an “Amendment,” and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired in conjunction with this Agreement by the Subrecipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the Subrecipient must request instructions from DHS/FEMA via AZDOHS by submitting an Equipment Disposition Request Form in order to make proper disposition of the equipment pursuant to 2 C.F.R. 200.313. Article B – Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds by Subrecipient will constitute Subrecipient’s acceptance of the changes to this Agreement and the incorporation of such changes into this Agreement. Article C - Procurement of Recovered Materials The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6962) and that the requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article D - Whistleblower Protection Act The Subrecipient hereby acknowledges and agrees that it must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. section 4304 and 4310. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 10 Article E - Use of DHS Seal, Logo and Flags Subrecipient hereby acknowledges that it must obtain DHS’s approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article F - USA Patriot Act of 2001 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act, P.L. 107-56), which amends 18 U.S.C. section 175– 175c. Article G – Universal Identifier and System of Award Management (SAM) Subrecipient hereby acknowledges and agrees that is must comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. Article H - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and, Performance Matters located at 2 C.F.R. Part 200 Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of your award. Article I - Rehabilitation Act of 1973 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. section 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article J - Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104). The award term is located at 2 C.F.R. Part 175.15, the full text of which is incorporated here by reference. Article K - Terrorist Financing The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order 13224 and all U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with all such laws and U.S. Executive Order 13224. Article L - SAFECOM The Subrecipient hereby acknowledges and agrees that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article M - Reporting Subawards and Executive Compensation All subrecipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 11 Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article N – Debarment and Suspension The Subrecipient hereby acknowledges and agrees that it is subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities Article O - Copyright The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article P - Civil Rights Act of 1964 - Title VI The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), codified at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article Q - Best Practices for Collection and Use of Personally Identifiable Information (PII) The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII it collects. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Subrecipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article R - Americans with Disabilities Act of 1990 The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the Americans with Disabilities Act, P.L. No. 101-336 (1990) (codified as amended at 42 US.C. 12101-12213), which prohibit subrecipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article S - Age Discrimination Act of 1975 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article T - Activities Conducted Abroad The Subrecipient hereby acknowledges and agrees that it must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article U - Acknowledgement of Federal Funding from DHS The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 12 Article V - DHS Specific Acknowledgements and Assurances Subrecipient hereby acknowledges and agrees—and agrees to require any contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Subrecipient hereby agrees to cooperate with any compliance review or complaint investigation conducted by DHS and/or AZDOHS. 2. Subrecipient hereby agrees to give DHS access and AZDOHS to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the appropriate DHS and AZDOHS officials and maintain appropriate backup documentation to support the reports. 4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Article W - Assurances, Administrative Requirements and Cost Principles, and Audit Requirements The Subrecipient hereby acknowledges and agrees that it must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. section 170.315, certify that the recipient's policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article X - Patents and Intellectual Property Rights Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is subject to the Bayh-Dole Act, P.L. 96-517, codified in 35 U.S.C. 200 et seq., and that it is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards that are in 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. 401.14. Article Y – Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All subrecipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 13 Article Z – National Environmental Policy Act All subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., and the Council on Environmental Quality (CEQ) Regulations (40 C.F.R. Parts 1500-1508) for Implementing the Procedural Provisions of NEPA, which requires Subrecipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article AA - Lobbying Prohibitions The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. 1352, and acknowledges and agrees that none of the funds provided under this Agreement may be used to pay any person to influence, or attempt to influence an officer or employee of any agency (whether State or Federal), a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action related to a Federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article AB - Limited English Proficiency (Civil Rights Act of 1964, Title VI) The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance- published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article AC - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 and the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225(a), the Subrecipient hereby acknowledges and agrees that it must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with all applicable fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225. Article AD - Fly America Act of 1974 The Subrecipient hereby acknowledges and agrees that it must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Ar ticle AE - Federal Leadership on Reducing Text Messaging while Driving All subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in U.S. Executive Order 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 14 Article AF - Federal Debt Status The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in its repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article AG - False Claims Act and Program Fraud Civil Remedies The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the Federal government. See also 31 U.S.C. 3801-3812 which details the administrative remedies for false claims and statements made. Article AH - Energy Policy and Conservation Act The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of The Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. 6201 et. seq.) which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article AI - Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article AJ - Duplication of Benefits Any cost allocable to a particular Federal award, provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a subrecipient from shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article AK - Drug-Free Workplace Regulations The Subrecipient hereby acknowledges and agrees that it must comply with the drug-free workplace requirements in Subpart B (or Subpart C, if the Subrecipient is an individual) of 2 C.F.R. part 3001, which adopts the Government-wide implementation (2 C.F.R. part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8106). Article AL - Civil Rights Act of 1968 The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (see 24 C.F.R. Part 100, Sub-part D). 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 15 Article AM - Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Per 889(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018): 1. AZDOHS Subrecipients may not use any FEMA funds under open or new awards to: a. Procure or obtain any equipment, system, or service that uses “covered telecommunications equipment or services” (as defined in ¶2 of this Article AM) as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 2. For purposes of this Article AM “covered telecommunications equipment or services” means: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); b. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. 3. FEMA grant funding may be permitted to procure replacement equipment and services impacted by this Article AM. Subrecipients should refer to applicable program guidance or contact the AZDOHS to determine if replacement equipment or services are eligible under the awarded grant program. Article AN - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 16 be performed within the borders of the United States. This provision applies to work performed by the Subrecipient’s contractors and subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period, which may not be changed except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the Subrecipient give a written assurance of intent and ability to perform. If the Subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement. XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations under A.R.S. 35-154. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the Subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) calendar days of the events giving the rise to the dispute. Any claim made by or against the State or any of its political subdivisions (including but 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 17 not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative claims process. In the event that the parties would otherwise be in court and/or if A.R.S. 12-1518 applies, the parties shall proceed in arbitration through the American Arbitration Association (“AAA”), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator’s fees and costs) to be divided 50/50 between the parties, subject to reallocation between the parties by the arbitrator. In the event that the parties become involved in litigation with each other relating to this Agreement for any reason in any other forum, both parties agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration award may be enforced through the Maricopa County Superior Court or the U.S. District Court located in Phoenix, Arizona. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party’s failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. LICENSING The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT The Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the prior written approval of the AZDOHS. XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The Subrecipient acknowledges that the DHS and the AZDOHS reserve a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The Subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 18 XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the Subrecipient shall include closed captioning of the verbal content of such announcement. XXX. INDEMNIFICATION Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona (AZDOHS) is self-insured per A.R.S. 41-621. In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. 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 such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXI. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. A party invoking the right to terminate shall provide written thirty (30) day advance notice of the termination and the reasons for it to the other party. b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have been met, then the AZDOHS reserves the right to collect all reimbursements distributed to the Subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those that otherwise would have been provided by Subrecipient under this Agreement. The Subrecipient shall be liable to the 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 19 AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the Subrecipient. XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The Subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXIII. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXIV. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one Agreement. XXXV. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the Subrecipient represents and warrants that he or she is duly authorized to execute this Agreement on behalf of the Subrecipient. XXXVI. SPECIAL CONDITIONS a) The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b) The Subrecipient is prohibited from transferring funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). c) The Subrecipient agrees to comply with the U.S. Department of Homeland Security regulation 6 C.F.R Part 19, which prohibits discrimination based on religion in social service programs. 21-AZDOHS-OPSG- Any unauthorized changes to this document will result in termination of this award. Version 2/18/2022 Page 20 XXXVII. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The Subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov. The AZDOHS shall address all notices relative to this Agreement to: Enter Title, First & Last Name Above Enter Agency Name Above Enter Street Address Above Enter City, State, ZIP Above XXXVIII. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Susan Dzbanko, Deputy Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.)    Town Council Regular Session D. Meeting Date:04/06/2022   Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No. (R)22-12, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 21-22 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Arizona Revised Statutes Section 41-1279.07(E) requires each county, city, town and community college district to annually provide to the Auditor General, by July 31, the name of the Chief Fiscal Officer (CFO) the governing board designated to submit the current year's annual expenditure limitation report (AELR). The Auditor General's Office has recently updated the CFO designation form to require documentation of the governing board's official designation authorizing the individual to submit the AELR as the CFO, such as a board resolution or meeting minutes. Council's action approving the attached resolution designating David Gephart as the Chief Fiscal Officer authorized to submit the AELR satisfies this requirement.  Council most recently took action on this item in September 2021 for the 2021-2022 fiscal year.  However, the State Auditor General has revised its model resolution language and is requesting the Town utilize the model resolution language and format. The AELR is prepared annually by the Town's independent auditors and is required to be filed with the Auditor General's Office by March 31 each year, or nine (9) months after fiscal year-end. The Town submitted its AELR for fiscal year 2021 prior to the March 31, 2022, deadline. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve Resolution No. (R)22-12, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's annual expenditure limitation report (AELR) to the Auditor General for FY21-22. Attachments (R)22-12 Resolution  RESOLUTION NO. (R)22-12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2022 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, AND CHIEF FISCAL OFFICER, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, A.R.S. 41-1279.07(E) requires each county, city, town, and community college district to annually provide to the Arizona Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (AELR) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Oro Valley, desires to designate David Gephart as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the individuals designated to file the AELR. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. David Gephart is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2022 AELR to the Arizona Auditor General on the governing body’s behalf. SECTION 3.If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4.All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 6th day of April, 2022. 2 TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: ______________________________ Michael Standish, Town Clerk Tobin Sidles Legal Services Director Date: Date:    Town Council Regular Session E. Meeting Date:04/06/2022   Submitted By:David Gephart, Finance Department:Finance SUBJECT: Resolution No. (R)22-15, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's Annual Expenditure Limitation Report (AELR) to the State Auditor General for FY 22-23 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Arizona Revised Statutes Section 41-1279.07(E) requires each county, city, town and community college district to annually provide to the Auditor General, by July 31, the name of the Chief Fiscal Officer (CFO) the governing board designated to submit the current year's annual expenditure limitation report (AELR). The Auditor General's Office has recently updated the CFO designation form to require documentation of the governing board's official designation authorizing the individual to submit the AELR as the CFO, such as a board resolution or meeting minutes. Council's action approving the attached resolution designating David Gephart as the Chief Fiscal Officer authorized to submit the AELR satisfies this requirement.  Council most recently took action on this item in September 2021 for the 2021-2022 fiscal year.  This item covers the following/current fiscal year 2022-2023. The AELR is prepared annually by the Town's independent auditors and is required to be filed with the Auditor General's Office by March 31 each year, or nine (9) months after fiscal year-end. The Town submitted its AELR for fiscal year 2021 prior to the March 31, 2022, deadline. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve Resolution No. (R)22-15, designating David Gephart as Chief Fiscal Officer, authorized to submit the Town's annual expenditure limitation report (AELR) to the Auditor General for FY 22-23. Attachments (R)22-15 Resolution  RESOLUTION NO. (R)22-15 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DESIGNATING THE CHIEF FISCAL OFFICER FOR OFFICIALLY SUBMITTING THE FISCAL YEAR 2023 EXPENDITURE LIMITATION REPORT TO THE ARIZONA AUDITOR GENERAL; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, AND CHIEF FISCAL OFFICER, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS, A.R.S. 41-1279.07(E) requires each county, city, town, and community college district to annually provide to the Arizona Auditor General by July 31 the name of the Chief Fiscal Officer the governing body designated to officially submit the current year’s annual expenditure limitation report (AELR) on the governing body’s behalf; and WHEREAS, the Mayor and Council of the Town of Oro Valley, desires to designate David Gephart as the Town’s Chief Fiscal Officer. WHEREAS, Entities must submit an updated form and documentation for any changes in the individuals designated to file the AELR. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. David Gephart is hereby designated as the Town’s Chief Fiscal Officer for purposes of submitting the fiscal year 2023 AELR to the Arizona Auditor General on the governing body’s behalf. SECTION 3.If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4.All Oro Valley Resolutions, or Motions and parts of Resolutions or Motions of the Council in conflict with the provisions of this Resolution are hereby repealed. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 6th day of April, 2022. 2 TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: ______________________________ Michael Standish, Town Clerk Tobin Sidles Legal Services Director Date: Date:    Town Council Regular Session F. Meeting Date:04/06/2022   Submitted By:Chuck Boyer, Information Technology Department:Information Technology SUBJECT: Resolution No. (R)22-16, amending the FY 2022/23 - FY 2023/24 Council Strategic Leadership Plan  RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: On February 18, 2022, Town Council held a Council Retreat with facilitator Michael Letcher of BridgeGroup LLC and Town leadership staff. One of the agenda items was to review the FY 21/22 - FY 22/23 Town Council Strategic Leadership Plan. During the discussion, Council directed staff to review the FY 21/22 - 22/23 Town Council Strategic Leadership Plan to determine if objectives could be combined for succinctness and clarity, and to evaluate whether any needed to be removed. Additionally, Council requested the addition of an objective for the former Vistoso Golf Course.  Staff is recommending the merging of two 2B objectives, the addition of a second new 2B objective, and the merging of two 6A objectives. Staff is not recommending the removal of any objectives at this time.  The detail is more fully outlined in the attachment. BACKGROUND OR DETAILED INFORMATION: Town Council adopted the FY 21/22 – FY 22/23 Council Strategic Leadership Plan in April 2021 (Resolution (R)21-13). The plan included seven (7) focus areas, and 58 objectives to be achieved by June 30th, 2023. The plan went into effect on July 1, 2021, with the FY 21/22 adopted budget. At the Council Retreat held February 18, 2022, Council directed staff to review the plan to determine if objectives could be combined for succinctness and clarity, and to evaluate whether any needed to be removed. Additionally, Council requested the addition of an objective for the former Vistoso Golf Course.   FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve Resolution No. (R)22-16, amending the Town Council Strategic Leadership Plan. Attachments (R)22-16 Resolution- Strategic Leadership Plan  RESOLUTION NO. (R)22-16 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING THE TOWN COUNCIL STRATEGEIC LEADERSHIP PLAN 2021/2023; AND DIRECTING THE TOWN MANAGER, TOWN CLERK, TOWN LEGAL SERVICES DIRECTOR, OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION WHEREAS,the current Town of Oro Valley Strategic Leadership Plan was adopted on April 21, 2021 by Resolution (R)21-13; and WHEREAS,at the Council retreat held February 18, 2022, Council directed staff to combine some of the objectives in the Strategic Leadership Plan for succinctness as well as add an objective for the former Rancho Vistoso Golf Course; and WHEREAS,the Mayor and Council believe that the amendments to the Strategic Leadership Plan, as shown in the attached Exhibit “A”, are in the best interest of the Town and will help promote the health, safety and welfare of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1.The Town of Oro Valley Strategic Leadership Plan is hereby amended as shown in the attached Exhibit “A”. SECTION 2.All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 3.If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Strategic Leadership Plan, amended as shown in the attached Exhibit “A”, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4.The Town Manager, Town Clerk, Town Legal Services Director, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 6 th day of April, 2022. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” Oro Valley Town Council Strategic Leadership Plan FY 21/22 - FY 22/23 INDEX Overview 2 Economic Vitality 3 Culture and Recreation 5 Public Safety 6 Roads, Water and Town Assets 7 Land Use and Design 8 Effective and Efficient Government9 Financial Stability and Sustainability 11 OVERVIEW The Council-adopted Strategic Leadership Plan for fiscal years 2021/22 through 2022/23 is the culmination of an extensive three-month process involving Town Council and staff. Rooted deeply in the values and priorities of the Your Voice, Our Future 10-year general plan, the two-year Strategic Leadership Plan provides organizational direction in seven focus areas: •Economic Vitality •Culture and Recreation •Public Safety •Roads Water and Town Assets •Land Use and Design •Effective and Efficient Government •Financial Stability and Sustainability Within these focus areas are 16 goals and 50 objectives to guide everything from budget decisions to municipal operations, providing the community with a clear understanding of goals and expectations for the next two fiscal years. ORO VALLEY’S VISION FOR THE FUTURE YOUR VOICE, OUR FUTURE Oro Valley strives to be a well-managed community that provides all residents with opportunities for quality living. Oro Valley will keep its friendly, small-town, neighborly character, while increasing services, employment and recreation. The Town’s lifestyle continues to be defined by a strong sense of community, a high regard for public safety and an extraordinary natural environment and scenic views. FOCUS AREA 1:ECONOMIC VITALITY GOAL 1A: Implement actions to support and assist local businesses in navigating the current and projected economic conditions. OBJECTIVES • Transition the OVSafeSteps initiative to ongoing business support programs designed to help with post-pandemic recovery. • Review and propose changes to Town codes that assistlocal businesses in adapting to emerging consumer buying habits. GOAL 1B: Implement strategies to attract, grow and retain primary employers and expand local job opportunities. OBJECTIVES • Prioritize actions that identify and recruit high-quality primary, employer prospects for the Town of Oro Valley consistent with the Council-adopted Comprehensive Economic Development Strategy. • Develop strategies to incentivize entrepreneurial opportunities for start-up and home-based businesses, business expansion opportunities and adaptive reuse of vacant buildings. •Evaluate the effectiveness of the 2019-2020 economic development business attraction efforts and recommend any improvements. GOAL 1C: Implement strategies to attract and retain retail, restaurant and hospitality investment and expansion in commercial centers. OBJECTIVES • Conduct an external retail market assessment by a qualified firm to provide targeted data designed to assist the Town in attracting and retaining restaurant and retail establishments. • Work with the owner of the Oro Valley Village Center to develop a multi-faceted, mutually agreeable approach to attract and retain new investment and an expanded customer base to that complex. • Partner with the Oro Valley Chamber of Commerce to convene an annual business summit focused on increasing the Town and community’s understanding of the challenges and opportunities associated with operating a thriving business. • Leverage the growing positive relationships with local businesses to develop enhanced strategies that make Oro Valley more business friendly. GOAL 1D: Identify strategies to entice area residents and visitors to choose Oro Valley as a premiere place to dine, shop, play and stay. OBJECTIVES •Produce and begin implementation of a robust Oro Valley-centric visitor attraction and marketing strategy, partnering with Visit Tucson and other stakeholders as appropriate. •Partner with stakeholders to develop and implement actions and strategies that highlight the Town’s flourishing arts and culture opportunities to both visitors and residents. FOCUS AREA 2: CULTURE AND RECREATION GOAL 2A: Invest in and maintain a high- quality parks, recreation and trail system that is accessible, comprehensive, connected and serves the community’s needs. OBJECTIVES • Explore a cost-effective plan and develop a corresponding intergovernmental agreement with Amphitheater Unified School District to utilize appropriate school facilities for community recreation programs. • Invest in the top priorities of the final Council-adopted Parks and Recreation Master Plan. GOAL 2B: Support recreational, cultural and arts programs that provide opportunities for residents to connect with their community. OBJECTIVES • EXPLORE OPPORTUNITIES TO CREATE OR REIMAGINE MULTIGENERATIONAL PROGRAMS TO INCLUDE COMMUNITY WELLNESS INITIATIVES. •Explore opportunities to create or expand multigenerational programs and facilities. •Expand or reimagine programs that address community wellness issues across all generations. • Form a temporary task force to review current senior recreation programming and identify opportunities that will broaden and improve such program access. • Identify and implement expanded ways in which volunteers can help effectively support and grow community programs and events. • BEGIN INTEGRATING THE FORMER VISTOSO GOLF COURSE 202 ACRES INTO THE TOWN’S NETWORK OF PARKS AMENITIES AND ENSURE THE PROPERTY IS SAFE AND ACCESSIBLE TO THE COMMUNITY. FOCUS AREA 3: PUBLIC SAFETY GOAL 3A: Support strategies that continue to ensure Oro Valley’s standing as one of the safest communities in Arizona. OBJECTIVES • Utilize data to enhance deployment strategies for High Visibility Enforcement (HiVE) in high collision areas to address the increasing volume of traffic and associated issues in and around Oro Valley roadways. • Allocate and deploy officers to efficiently and effectively manage and reduce crime utilizing current crime trends. • Develop an outreach and marketing campaign to effectively recruit diverse and qualified officers, to include partnering with local educational institutions. • Develop and implement ways to expand drug free awareness education and programming to area youth. GOAL 3B: Support actions that maintain and enhance the community’s trust in the Oro Valley Police Department. OBJECTIVES • Work with local and regional partners to educate and address the impacts mental health issues are having on public safety and the entire community. • Complete the Arizona Law Enforcement Accreditation Program (ALEAP). FOCUS AREA 4: ROADS, WATER AND TO WN ASSETS GOAL 4A: Support investments and strategies that result in a quality transportation network throughout the community. OBJECTIVES • Continue to invest in a pavement management program that results in an Overall Condition Index (OCI) rating of 76 or better for all paved streets. • Expand the Town’s community beautification program. • Participate in and support the Regional Transportation Authority’s (RTA) effort to facilitate voter reauthorization of RTA Next by ensuring Oro Valley’s long-term transportation needs are fairly represented. • Analyze the service and financial impacts of an RTA discontinuation scenario and provide alternative options in addressing transit service needs and future transportation infrastructure. GOAL 4B: Deliver a safe, reliable and sustainable water supply that meets the long-term needs of the community. OBJECTIVES • Implement a plan to further improve water infrastructure reliability, maintenance and efficiency. • Implement steps to ensure the Water Utility continues to supply water to its current and future customers in an environmentally and financially sustainable manner. • Leverage technology to enhance customer support through improved communication and expanded conservation opportunities. GOAL 4C: Support investments and strategies that ensure the effective utilization of Town resources in maintaining properties and equipment. OBJECTIVES • Develop a comprehensive, organization-wide facility space plan that maximizes efficiencies and reflects the best use of Town properties for current and future needs. • Determine the feasibility of expanding solar shade structures throughout Town facilities and evaluate grant funding opportunities. • Cost effectively maintain, repair and improve aging Town facilities. • Develop strategies to expand broadband services throughout the town. • Identify and implement strategies to reduce downstream watershed pollution emanating from Town washes. FOCUS AREA 5: LAND USE AND DESIGN GOAL 5A: Ensure quality development with integrated architecture and natural open space while maintaining and enhancing the character of the community. OBJECTIVES • Conduct an assessment to determine the types of residential opportunities necessary to successfully promote a thriving and diverse economic base. • Conduct an analysis of Town codes and ordinances to ensure the design standards maintain the unique character of Oro Valley while also providing for a variety of architectural concepts that integrate with and enhance the community. • Review Town codes related to recreation amenity requirements for residential subdivisions and recommend updates that will prioritize larger neighborhood area parks and amenities as outlined in the Parks and Recreation needs assessment. • Develop a Master Plan for the Rooney property that takes into consideration opportunities for economic growth, retention of open space and potential future municipal uses. FOCUS AREA 6: EFFECTIVE & EFFICIENT GOVERNMENT GOAL 6A: Continue strengthening community outreach, engagement and transparency. OBJECTIVES • UTILIZE CREATIVE METHODS AND WEB-BASED TOOLS TO INCREASE TRANSPARENCY, COMMUNITY ENGAGEMENT AND UNDERSTANDING OF TOWN SERVICES, PROGRAMS AND FACILITIES • Utilize creative methods to increase resident knowledge and understanding of Town services, programs and facilities. • Broaden the use of web-based tools and technologies to increase community engagement and transparency. GOAL 6B: Maintain and strengthen our culture of continuous improvement to affect an efficient and high-performing organization. OBJECTIVES • Foster a culture of continuous improvement through actions that support, challenge and engage the employee at all levels. • Continue to provide regular training to Town staff to enhance process improvement proficiencies. • Identify and implement ways in which Peak Performance teams share their journey and successes within the organization. GOAL 6C: Attract and retain talented employees to effectively carry out the Town’s mission. OBJECTIVES • Review and modify Town policies to incorporate innovative and effective workforce practices that remain viable post-pandemic. • Ensure wellness and benefit programs are valuable, cost effective and desired by employees and families to support wellness and productivity. • Conduct a comprehensive compensation evaluation to ensure the Town remains competitive in recruiting and retaining employees. FOCUS AREA 7: FINANCIAL STABILITY AND SUSTAINABILITY GOAL 7A: Ensure the Town can financially sustain expected levels of service for current and future residents. OBJECTIVES • Adopt a comprehensive plan for permanently addressing the Town’s Public Safety Personnel Retirement System (PSPRS) unfunded actuarial accrued liability. • Continue pursuing top priority annexations as identified in the Town Council’s annexation policy, and working with the State of Arizona to pursue annexation of nearby state land for tech park, commercial and residential uses. • Develop a buildout analysis that projects short and long-term impacts to Town service levels and provides potential mitigation options.    Town Council Regular Session 1. Meeting Date:04/06/2022   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR FORK & FIRE SMOKEHOUSE & TAPROOM, LOCATED AT 11835 N. ORACLE ROAD #101 RECOMMENDATION: Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the following reasons: 1. No protests to this license have been received.  2. The necessary background investigation was conducted by the Police Department.  3 The Police Department has no objection to the approval of the Series 12 Liquor License. EXECUTIVE SUMMARY: An application for a new Series 12 (Restaurant) Liquor License has been submitted by Joshua Cain Bishop for Fork & Fire Smokehouse & Taproom, located at 11835 N. Oarcle Road, #101. Mr. Bishop has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500 Application Processing Fee). The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a recommendation from the local governing body. BACKGROUND OR DETAILED INFORMATION: This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the premises of the applicant's property, ending March 10, 2022. No protests were received during this time period. Police Chief Kara Riley completed a standard background check on Fork & Fire Smokehouse & Taproom and Owner/Agent Joshua Cain Bishop. Chief Riley has no objection to the approval of the Series 12 (Restaurant) License. FISCAL IMPACT: Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to cover the costs incurred by the Town to process the application.  Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.  SUGGESTED MOTION: I MOVE to RECOMMEND APPROVAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Joshua Cain Bishop for Fork & Fire Smokehouse & Taproom, located at 11835 N. Oracle Road #101. or I MOVE to RECOMMEND DENIAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Joshua Cain Bishop for Fork & Fire Smokehouse & Taproom, located at 11835 N. Oracle Road #101. or I MOVE that NO RECOMMENDATION be made regarding the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Joshua Cain Bishop for Fork & Fire Smokehouse & Taproom, located at 11835 N. Oracle Road #101. Attachments PD Approval  Application  Series 12 Description  • State of Arizona Department of Liquor Licenses and Control Created 02/15/2022 @ 10:13:13 AM Local Governing Body Report LICENSE Number: Name: State: Issue Date: Original Issue Date: Location: Type: FORK & FIRE SMOKEHOUSE & TAPROOM Pending 11835 N ORACLE ROAD #101 ORO VALLEY, AZ 85737 USA Expiration Date: Mailing Address:969 W HESPERALOE COURT ORO VALLEY, AZ 85755 USA (520)222-6605 (480)888-6382 BISHOP.JOSHUAC@GMAILCOM Phone: Alt. Phone: Email: 012 RESTAURANT AGENT Name:JOSHUA CAIN BISHOP Gender:Male Correspondence Address:969 W HESPERALOE COURT ORO VALLEY, AZ 85755 USA (480)088-6382Phone: Alt. Phone: Email:BISHOP.JOSHUAC@GMAILCOM OWNER Name: Contact Name: Type: AZ CC File Number:1984675 Incorporation Date:05/10/2019 Correspondence Address:969 W HESPERALOE COURT ORO VALLEY, AZ 85755 USA Phone:(480)088-6382 Alt. Phone: Email:BISHOP.JOSHUAC@GMAILCOM Officers / Stockholders FORK AND FIRE MOBILE FOODS, LLC JOSHUA CAIN BISHOP LIMITED LIABILITY COMPANY State of Incorporation:AZ Page 1 of 3 License Type: Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license.    Town Council Regular Session 2. Meeting Date:04/06/2022   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR SNOOZE, LOCATED AT 7315 N. ORACLE ROAD #161 RECOMMENDATION: Staff recommends approval of this liquor license to the Arizona Department of Liquor Licenses and Control for the following reasons: 1. No protests to this license have been received.  2. The necessary background investigation was conducted by the Police Department.  3. The Police Department has no objection to the approval of the Series 12 Liquor License. EXECUTIVE SUMMARY: An application for a new Series 12 (Restaurant) Liquor License has been submitted by Andrea Dahlman Lewkowitz for Snooze, located at 7315 N. Oracle Road #161. Ms. Dahlman Lewkowitz has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor Licenses and Control, and has paid all related fees associated with applying for the liquor license ($500 Application Processing Fee). The Arizona Department of Liquor Licenses and Control (DLLC), authorized by Arizona Revised Statutes Title 4, is responsible for reviewing and processing state liquor applications. After meeting the DLLC's application and review requirements, the liquor license application is sent to the jurisdiction in which it is located for a public hearing and a recommendation from the local governing body. BACKGROUND OR DETAILED INFORMATION: This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the premises of the applicant's property, ending March 10, 2022. No protests were received during this time period.  Police Chief Kara Riley completed a standard background check on Snooze and Agent Andrea Dahlman Lewkowitz. Chief Riley has no objection to the approval of the Series 12 (Restaurant) License. FISCAL IMPACT: Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license application processing fee to cover the costs incurred by the Town to process the application.  Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of $80 to the Town.  SUGGESTED MOTION: I MOVE to RECOMMEND APPROVAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Dahlman Lewkowitz for Snooze, located at 7315 N. Oracle Road #161. or I MOVE to RECOMMEND DENIAL of the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Dahlman Lewkowitz for Snooze, located at 7315 N. Oracle Road #161. or I MOVE that NO RECOMMENDATION be made regarding the issuance of a Series 12 Liquor License to the Arizona Department of Liquor Licenses and Control for Andrea Dahlman Lewkowitz for Snooze, located at 7315 N. Oracle Road #161. Attachments PD Approval  Application  Series 12 Description  License Type: Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license.    Town Council Regular Session 3. Meeting Date:04/06/2022   Requested by: Bayer Vella, Community and Economic Development  Submitted By:Hannah Oden, Community and Economic Development Case Number: 30212209 SUBJECT: PUBLIC HEARING: RESOLUTION NO. (R)22-14, DISCUSSION AND POSSIBLE ACTION REGARDING THE DEDICATION OF WESTWARD LOOK DRIVE AREAS FROM PRIVATE TO PUBLIC (ATTACHMENT 1) SUBJECT TO COMPLETION OF ALL NECESSARY DOCUMENTATION AS VERIFIED BY THE TOWN MANAGER RECOMMENDATION: Staff recommends that the Town Council accept right of way for a portion of Westward Look Drive from private to public as shown in Attachment 1 pending necessary documentation as verified by the Town Manager. EXECUTIVE SUMMARY: Per the Town Code, Article 7-8-1, an entity may request that the Town consider acceptance of existing private streets as public domain. The Westward Look Resort was annexed into the Town in May 2021. As part of the Pre-Annexation Development Agreement, a portion of Westward Look Drive is to be dedicated to the Town as public right-of-way as shown on the map to the right outlined in yellow. The dedication will allow the Town to improve the right-of-way, with the installation of new pavement being planned for late May 2022. By accepting this dedication, Town Council is granting the Town Manager the authority to finalize the dedication once documentation and associated title company work is complete. BACKGROUND OR DETAILED INFORMATION: When the Westward Look Resort was annexed into the Town of Oro Valley in May 2021, there was an associated Pre-Annexation Development Agreement (PADA) between the resort and the Town. Part of the agreement stipulated that a portion of Westward Look Drive be dedicated as public right-of-way to the Town along with a commitment to provide associated improvements. Accepting this public right of way is the first step toward fulfilling the PADA.  The image to the right outlines the proposed public right-of-way boundaries in yellow. The surveyed boundaries are included in Attachment 1.  Town Council may conditionally accept the dedication at this meeting by granting the Town Manager authority to finalize the process once the necessary documentation and title work is satisfactorily completed.  FISCAL IMPACT: The Town's fiscal contribution for right-of-way improvements was established in the approved PADA. The annual maintenance costs of the road will be approximately $3,600 per year for pavement preservation. SUGGESTED MOTION: I MOVE to APPROVE Resolution No. (R)22-14, dedicating Westward Look Drive areas from private to public subject to completion of all necessary documentation as verified by the Town Manager.   Attachments (R)22-14 Resolution  Staff Presentation  RESOLUTION NO. (R)22-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO ACCEPT A PORTION OF WESTWARD LOOK DRIVE INTO THE PUBLIC DOMAIN IN ACCORDANCE WITH ORO VALLEY TOWN CODE 7-8-1 AND DELEGATING AUTHORITY TO THE TOWN MANAGER TO FINALIZE THE TRANSACTION WHEREAS,the Town of Oro Valley is a political subdivision of the State of Arizona vested with all associated rights, privileges and benefits and is entitled to the immunities and exemptions granted municipalities and political subdivision under the Constitution and laws of the State of Arizona and the United States; and WHEREAS,the Town Council of the Town of Oro Valley recognizes that Westward Look Resort, LLC desires to dedicate to the Town a portion of Westward Look Drive as a public street; and WHEREAS,the Town of Oro Valley agreed to accept the portion of Westward Look Drive as part of the Pre-annexation and Development Agreement that was authorized and approved by Resolution (R)21-14 on April 21, 2021; and WHEREAS,it is in the best interest of the Town Council to accept the portion of Westward Look Drive into the public domain in accordance with Oro Valley Town Code 7-8-1 and to delegate authority to the Town Manager to finalize the transaction once that portion of Westward Look Drive is cleared of all material encumbrances. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1.The portion of Westward Look Drive as further described in the attached Exhibit “A” is accepted into the public domain in accordance with Oro Valley Town Code 7-8-1. SECTION 2.Authority is delegated to the Town Manager to finalize the transaction once that portion of Westward Look Drive is cleared of all material encumbrances. SECTION 3.All Oro Valley resolutions or motions and parts of resolutions or motions of the Council in conflict with the provision of this Resolution are hereby repealed. SECTION 4.If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 6 th day of April, 2022. TOWN OF ORO VALLEY Joseph C. Winfield, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: EXHIBIT “A” Dedication of Westward Look Drive Areas from Private to Public Town Council Regular Session April 6, 2022 Annexation of the Westward Look Resort Officially annexed into the Town of Oro Valley in May 2021 Per the Annexation PADA: “Town agrees to accept into its network of public roadways a portion of Westward Look Drive from Ina Road to Via Oeste Drive, subject to mutually agreeable right-of-way dedication terms.” Right of Way Dedication ROW acceptance is outlined within Town Code, Section 7-8-1 This proposal meets all code requirements as evaluated by the Town Engineer This section of road will be reconstructed the end of May as a part of the commitment by the Town within the PADA Staff recommends that the Town Council accept right of way for a portion of Westward Look Drive from private to public pending necessary documentation as verified by the Town Manager.    Town Council Regular Session 4. Meeting Date:04/06/2022   Requested by: Councilmember Solomon & Councilmember Greene  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING ADA ACCESS AT THE COMMUNITY CENTER AND OTHER TOWN FACILITIES RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: Councilmember Solomon and Councilmember Greene requested this agenda item. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:04/06/2022   Requested by: Paul Keesler Submitted By:Paul Keesler, Public Works Department:Public Works SUBJECT: UPDATE AND PROGRESS REPORT REGARDING THE PARKS & RECREATION PROJECTS FUNDED BY THE COUNCIL APPROVED BOND RECOMMENDATION: This item is for presentation only. EXECUTIVE SUMMARY: Staff is presenting a progress update for the Parks & Recreation projects funded by the Council approved Bond:  Naranja Park Site Plan - the Project Team is providing an update and final recommended plan as developed by the Town's designer, seeking Council input before moving further with design and construction. Following this input, the next steps are:  Finalize Mass Grading Scheme Begin Earthwork / Grading Operations Complete Design of Underground Utility Systems Begin Construction of Underground Utility Systems Complete Design of Park Improvements Construct Park Improvements BACKGROUND OR DETAILED INFORMATION: A brief timeline regarding this project:  $25M Bond for Parks and Recreation projects added to final FY 21/22 budget on June 16, 2021, with preliminary projects discussed. July 7, 2021, Town Council voted to include the following projects from the bond:  Naranja Park Expansion (at least 50%) Community Center Exterior Improvements  Golf Course Irrigation Tennis Courts Parking Lot Additional Multi-use Paths  La Canada Dr. Naranja Dr. CDO Wash to JDK Park Council authorized the bond issuance on September 22.  Bond sale closed on November 4. Progress reviewed in monthly Executive Report Last presented progress to Council in November 2021 Progress continues on the Council identified Parks & Recreation Bond Projects, as follows: Golf Course Irrigation Replacement  Contract signed and executed with Wadsworth Golf Construction Company Construction materials currently arriving and being stored onsite Purchasing materials for both courses now Start main construction Conquistador Course May 2nd, to finish October 2022 Potentially start non-course construction sooner, i.e. road crossings in April Slightly ahead of schedule On Budget Canada Course May through October 2023 Tennis Courts Reconstruction & Expansion (Community Center)  Design Complete, with the original 15 Tennis Courts, 6 Pickleball Courts and the addition of 4 more Pickleball Courts in base project scope:  Tennis Court #12 will operate as 4 temporary pickleball courts, but be permanently striped as tennis Add. alternate 1 - two additional pickleball courts Add. alternate 2 – event staging area Add. alternate 3 – new shade canopies Currently, out to bid for Construction Contractor Presently on schedule and budget, pending bids Parking Lot Reconstruction & Expansion  Construction expected Summer 2023 We have negotiated and continue to work with the adjacent dirt lot property owner for incorporation into this project Current Parking Lot count - 235 spaces Expanded Parking Lot count, including acquisition of adjacent dirt lot - 415 spaces Design underway Multiuse Path Connections  La Cañada Drive between Lambert Lane and Naranja Drive  Putting the design on hold while the Water Utility Department is reviewing the integrity of the existing mains located within the same area This project will incorporate sections of retaining wall and will be relative to the final positioning of possible new sections of water main Naranja Dr. from La Cañada Dr. to the park entry  Design for this element to start once the entryway to the park is settled within the new design Expected construction in summer of 2023 CDO Wash to James D. Kriegh Park  Currently, evaluating extent of MUP Presently working with adjacent property owners near Greenock to secure portions of this path system Expected summer of 2024 Naranja Park Expansion  Current and completed activities:  Program Verification Site Survey Hydrology Study Geotechnical Investigations Traffic Study Parking Study Utility Demand Study Coordination with Outside Agencies Earthwork and Mass Grading Evaluations Site Plan - the Project Team is seeking Council input and acceptance before moving further. Once the site plan is acceptable, the next steps are:  Finalize Mass Grading Scheme Begin Earthwork / Grading Operations Complete Design of Underground Utility Systems Begin Construction of Underground Utility Systems Complete Design of Park Improvements Construct Park Improvements FISCAL IMPACT: FISCAL IMPACT: N/A. SUGGESTED MOTION: This item is for informational purposes and staff is looking for consensus regarding the Naranja Park concept to progress on the bond projects. Attachments Staff Presentation  Parks Bond Projects Update Town Council April 6, 2022 Brief Background $25M Bond for Parks and Recreation projects added to final FY21/22 budget on June 16, 2021, with preliminary projects discussed. July 7, Town Council voted to include the following projects from the bond: Naranja Park Expansion (at least 50%; specific projects on next slides) Community Center Exterior Improvements Additional Multi-use Paths Council authorized the bond issuance on September 22. Progress reviewed in monthly Executive Report Last presented progress to Council in November of 2021 Note: The Community Center Elevator is not a bond- funded project. The $750,000 approved by Council in the FY20/21 budget remains budgeted in the CIP fund. Elevator will be installed once Council finalizes layout of future Community Center improvements/renovation. 1 Golf Course Irrigation Replacement Contract signed and executed with Wadsworth Golf Construction Company Construction materials currently arriving and being stored onsite Purchasing materials for both courses now Start main construction Conquistador Course May 2nd , to finish this October May start non -course construction sooner, i.e.: road crossings, in April On and a little ahead of schedule On Budget Canada course May thru October 2023 Community Center Exterior Improvements 2 Tennis Courts Reconstruction & Expansion Design Complete, with the original 15 Tennis Courts, 6 Pickleball Courts and the addition of 4 more Pickleball Courts in base project scope plus: Tennis Court #12 will operate normally as 4 temp. Pickle Ball Courts –but be permanently striped as Tennis Add. alternate 1 -two additional Pickleball courts Add. alternate 2 –event staging area Add. alternate 3 –new shade canopies Currently in the bidding process to secure a contractor Presently on schedule Community Center Exterior Improvements 3 Parking Lot Reconstruction & Expansion Construction expected Summer 2023 Continue to negotiate and work with the adjacent dirt lot property owner for incorporation into this project Design underway Existing spaces –235 Proposed –305 With Dirt Lot –415 Community Center Exterior Improvements 4 Multiuse Path Connections La Cañada Dr. between Lambert and Naranja Design on hold while the Water Utility evaluates existing mains located within the same area Great partnership with the Water Utility to maximize efficiency of both projects and minimize disruption to the community and overall cost Naranja Dr. from La Cañada to Park entry Design and construction to align with Naranja Park project Planned for summer of 2023 CDO wash to James D. Kriegh Park Currently evaluating extent of MUP Presently working with adjacent property owners near Greenock to secure portions of this path system Planned for summer of 2024 5 Naranja Park Expansion Project Mayor and Council Update April 6, 2022 6 Naranja Park Expansion Project Update –April 6, 2022 Current and Completed Activities •Program Verification •Site Survey •Hydrology Study •Geotechnical Investigations •Traffic Study •Parking Study •Utility Demand Study •Coordination with Outside Agencies •Earthwork and Mass Grading Evaluations •Site Planning 7 Site Development Plan NORTH 8 Site Development Plan SOUTH POD NORTH POD NORTH 9 Site Development Plan NORTH SOUTH POD NORTH POD ACCESS & PARKING 10 Site Development Plan SOUTH POD NORTH POD ACCESS & PARKING EX. ARCHERY RANGE AZ HERO’S MEMORIAL DOG PARK RC FIELD O&M FACILITY Place holder: To be funded/constructed by a non-profit NORTH 11 Site Development Plan SOUTH POD NORTH POD ACCESS & PARKING NATURAL OPEN SPACE NATURAL OPEN SPACE EX. ARCHERY RANGE DOG PARK O&M FACILITY AZ HERO’S MEMORIAL NORTH RC FIELD 12 Naranja Park Expansion Project Update –April 6, 2022 •New Multi-Sport Fields •Pickleball Courts •Splash Pad •Skate Park, Pump Track, and Basketball Courts •Dog Park •Model Airplane Facility* •Shared-Use Pathway •Pedestrian Walkways and Trails •Musette Drive Extension to Tangerine Road •Operations & Maintenance Facility –East Side Park Improvements Planned Facilities 13 Naranja Park Expansion Project Update –April 6, 2022 New Multi -Sport Fields 1 –New Lighted Sports Fields 2 –Restroom 3 –Ramadas 4 –Spectator and Assembly Area 5 –Parking 6 –Sloped Walkways to Terraced Fields 7 –Maintenance Access Drive NORTH 1 1 1 1 6 6 2 3 3 4 5 5 7 14 Pickleball Courts Naranja Park Expansion Project Update –April 6, 2022 NORTH 1 –Lighted Pickleball Courts (6) 2 –Ramada 3 –User Gathering Area 4 –Parking 1 2 3 4 1 1 15 Naranja Park Expansion Project Update –April 6, 2022 NORTH Skate Park, Pump Track, and Basketball Courts 1 –Lighted Skate Park 2 –Lighted Pump Track 3 –Lighted Basketball Courts 4 –Ramada and Gathering Area 5 –Expanded Parking 6 –Existing Parking 7 –Existing Restroom 8 –Existing Field No. 1 2 3 4 1 5 7 8 6 16 Naranja Park Expansion Project Update –April 6, 2022 NORTH Dog Park –(Relocated) 1 –Dog Park (Multiple Enclosures) 2 –Ramada –and Park / City Overlook 3 –Restroom 4 –Parking 5 –Slope up to Native Soil Trail 6 –Slope down to Fields 7 and 8 2 3 4 1 56 1 1 17 Naranja Park Expansion Project Update –April 6, 2022 NORTH Splash Pad 1 –Splash Pad 2 –Play Area 3 –Existing Playground 4 –Mechanical Equipment Enclosure 5 –Expanded Walkway System 6 –Ramada 7 –Restroom 8 –Existing Field No. 3 9 –Perimeter Fencing 2 3 4 8 5 6 7 1 9 3 3 2 18 Naranja Park Expansion Project Update –April 6, 2022 NORTH Radio Control Airplane Field 2 3 4 5 1 1 –RC Runway 2 –Parking Area 3 –Pilot Operating Area 4 –Approach / Departure Zones 5 –Access Drive 4 19 Naranja Park Expansion Project Update –April 6, 2022 NORTH Shared -Use Pathway 2 1 1 –Shared-Use Pathway 2 –Designated Crossings for Access to Park Facilities 3 –Connection to Bike Lane / Future Shared -Use Path at Naranja Drive 4 –Connection to Existing Shared -Use Path at Tangerine Road 2 2 3 4 20 Naranja Park Expansion Project Update –April 6, 2022 NORTH Pedestrian Walkways and Trails 1 1 –Paved, Accessible Walkway 2 –Native Soil Trail 2 21 Naranja Park Expansion Project Update –April 6, 2022 NORTH Musette Drive Extension 1 1 –Musette Drive Extension 2 –Planted Berms and/or Screen Wall 3 –Musette Dr. –Tangerine Rd. Intersection 4 –Shared-Use Pathway 5 –Trail Connection Tangerine Terrace 2 34 5 Park drive relocated to the west to provide greater separation between park drive and adjacent subdivision 22 Naranja Park Expansion Project Update –April 6, 2022 NORTH East Side Improvements 5 1 –Ramada 2 –Rest Room 3 –Food Truck Access Lane 4 –User Group Storage 5 –Parking 6 –Overflow Parking 3 21 4 6 23 Naranja Park Expansion Project Update –April 6, 2022 NORTH Operations and Maintenance Facility 1 1 –Maintenance Shop / Office 2 –Equipment Storage Area 3 –Bulk Materials Storage 4 –Parking 5 –Roll -Off Dumpster 2 3 4 5 24 NORTH Site Development Plan 25 •Finalize Mass Grading Scheme •Begin Earthwork / Grading Operations •Complete Design of Underground Utility Systems •Begin Construction of Underground Utility Systems •Complete Design of Park Improvements •Construct Park Improvements Naranja Park Expansion Project Update –April 6, 2022 Next Steps 26 Parks Bond Projects Update Questions Comments