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HomeMy WebLinkAboutPackets - Council Packets (1830)       *AMENDED (10/31/23, 4:00 PM) AGENDA ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION NOVEMBER 1, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE For information on public comment procedures, 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 5:00 PM   CALL TO ORDER   ROLL CALL   *EXECUTIVE SESSION   1.*Pursuant to A.R.S. §38-431.03 (A)(2) - for discussion and consideration of records exempt from public inspection, the records to be discussed are the minutes from the following executive sessions: May 19, 2021, October 5, 2022; and July 19, 2023   *RESUME REGULAR SESSION AT OR AFTER 6:00 PM   *CALL TO ORDER   *ROLL CALL   1.*PURSUANT TO DISCUSSION AND CONSIDERATION OF RECORDS EXEMPT FROM PUBLIC INSPECTION IN EXECUTIVE SESSION, DIRECTION TO TOWN ATTORNEY AND ANY POSSIBLE ACTION   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS Spotlight on Youth   TOWN MANAGER'S REPORT ON CURRENT EVENTS   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.Progress report on the Community's new 10-year action plan, known as OV's Path Forward   2.Presentation of the 26th Annual Oro Valley Community Academy Graduates   CONSENT AGENDA (Consideration and/or possible action)   A.Town Council Minutes - October 18, 2023, and General Plan Community Engagement Advisory Group Minutes - September 28 and October 16, 2023   B.Resolution No. (R)23-39, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding materials and supplies (Foxfury 360 Lights) to enhance accident investigation throughout the Town of Oro Valley; 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   C.Resolution No. (R)23-40, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (exam gloves, phlebotomy supply kits, blood alcohol kits) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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   D.Resolution No. (R)23-41, authorizing and approving a grant contract between the Town of Oro Valley D.Resolution No. (R)23-41, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radar devices) to enhance the Special Traffic Enforcement Program (STEP); 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   E.Resolution No. (R)23-43, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Arizona Department of Transportation (ADOT) for the design and construction of traffic signal modifications to the existing traffic signals at the intersections of Tangerine Road at 1st Avenue and at La Canada Drive   REGULAR AGENDA   * 1 2. RESOLUTION NO. (R)23-42, DISCUSSION AND POSSIBLE ACTION REGARDING TOWN OF ORO VALLEY SPONSORSHIP POLICIES FOR COMMUNITY EVENTS AND TOURISM EVENTS AND DELEGATIONS OF AUTHORITY THAT ALLOW THE TOWN MANAGER TO SIGN SPONSORSHIP AGREEMENTS   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.PRESENTATION AND DISCUSSION REGARDING A PROPOSED ZONING CODE AMENDMENT TO ALLOW MOBILE FOOD UNIT COURTS AS A CONDITIONAL USE WITHIN C-N, C-1, AND C-2 COMMERCIAL ZONES AND DEVELOP ASSOCIATED STANDARDS   2.PRESENTATION AND DISCUSSION REGARDING A POTENTIAL ZONING CODE AMENDMENT TO AMEND PROVISIONS REGARDING THE KEEPING OF ANIMALS FOR FOOD PRODUCTION AND ANIMAL HUSBANDRY PURPOSES ON RESIDENTIALLY ZONED PROPERTIES   ADJOURNMENT The Mayor and Council may, at the discretion of the meeting chairperson, discuss any Agenda item.   POSTED: 10/26/23 at 5:00 p.m. by dt POSTED: 10/26/23 at 5:00 p.m. by dt AMENDED AGENDA POSTED: 10/31/23 at 4:00 p.m. by dt 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:11/01/2023   Requested by: Vice Mayor Barrett and Mayor Winfield  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: *Pursuant to A.R.S. §38-431.03 (A)(2) - for discussion and consideration of records exempt from public inspection, the records to be discussed are the minutes from the following executive sessions: May 19, 2021, October 5, 2022; and July 19, 2023 RECOMMENDATION: N/A EXECUTIVE SUMMARY: This item was requested by Vice Mayor Barrett and Mayor Winfield. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: N/A Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:11/01/2023   Requested by: Vice Mayor Barrett and Mayor Winfield  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office SUBJECT: *PURSUANT TO DISCUSSION AND CONSIDERATION OF RECORDS EXEMPT FROM PUBLIC INSPECTION IN EXECUTIVE SESSION, DIRECTION TO TOWN ATTORNEY AND ANY POSSIBLE ACTION RECOMMENDATION: N/A EXECUTIVE SUMMARY: This item was requested by Vice Mayor Barrett and Mayor Winfield. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to... Attachments No file(s) attached.    Town Council Regular Session 1. Meeting Date:11/01/2023   Presentation of OV's Path Forward Subject Progress report on the Community's new 10-year action plan, known as OV's Path Forward Summary The path to Oro Valley's future begins now! Residents of all ages and experiences are encouraged to come together to discuss, collaborate, share ideas and listen to one another to renew the community's vision, goals and priorities for Oro Valley. This project was kicked-off with the broader community during the State of the Town on October 25.  The plan, also known as a General Plan, is one of the community's most meaningful opportunities to guide town actions and get results and make their vision a reality. Community ownership and participation is critical to creating a plan that is reflective of the community but also stays relevant for a 10-year timeframe. Prioritizing residents' voices through an inclusive and accessible process was emphasized in the resident-driven Community Engagement Plan. The steps below were completed to ensure the guiding principles in the engagement plan are achieved.  Preparations for the launch   January - March 2023 (Community Engagement Plan) - In preparation for launching out to the broader community, a Community Engagement Plan was adopted by the Town Council. This award-winning plan was built by residents through an advisory group and a town-wide survey. It provides the foundation for this effort by identifying guiding principles, such as being accessible and inclusive, and the methods to engage the community online or at businesses, events, etc.   March - September 2023 (Background Reports) - As part of the launch and ongoing outreach, short videos and facts about topics important to the community were created and will be released throughout the next 4 months on OVPathForward.com. The community is invited to read, listen and share their thoughts about topics including housing, public safety, water, environmental conservation, and much more! September - October 2023 (Branding) - The resident advisory group regrouped to help shape the branding for this effort. Key aspects of the project's branding include showcasing Oro Valley's authentic beauty and exemplifying the community. The following tasks are part of the ongoing effort to have an inclusive and accessible process:  Developing surveys  Refining schedules to include a variety of engagement opportunities Assigning staff to specific engagement tools and events  Designing and ordering promotional materials, such as flyers, brochures, stickers and more. Selecting and launching a new specialized and interactive website that features community engagement tools (e.g. discussion boards, polls, etc.).  Recruiting volunteers and ambassadors to help spread the word and gather feedback  Community feedback Over the next year, substantial community engagement will be conducted in-person and online through events, discussion or social media posts, surveys and more. Community participation and ownership is key for this effort to be successful and for producing an actionable plan that remains relevant for a 10-year timeframe. To start the conversation and develop the community's vision and guiding principles, the following three questions will be asked:  will be asked:  What do you like best about Oro Valley? What do you think will be Oro Valley's biggest challenges in the next 10 years? What should Oro Valley be known for? To date, these questions have been asked during the associated Community Academy class and at the State of the Town. Some early themes include:  A sense of community, beauty, and safety are what people like most about Oro Valley. Water use, road maintenance, traffic and growth are Oro Valley's biggest challenges. Being a safe community that is surrounded by beauty is what Oro Valley should be known for.  These comments are just a start to many opportunities to learn from the community. Next steps This progress report is the first of many that will be presented to the Town Council and the wider community. Routine updates through presentations and Council reports highlighting key milestones will be provided throughout the next year. Upcoming milestones include:  Key takeaways from the community's discussion about each topic and key areas of focus for the plan Findings from a town-wide statistically-valid survey  Reflecting the community's vision and guiding principles  Over the next three years, the community will work on creating the next 10-year action plan. Please join the conversation now by going online or meeting staff or volunteers out in the community at restaurants, events, or shops. Learn more at OVPathForward.com. Attachments Staff Presentation     Town Council Regular Session 2. Meeting Date:11/01/2023   Community Academy October 2023 Graduation Subject Presentation of the 26th Annual Oro Valley Community Academy Graduates Summary The purpose of this presentation is to recognize the graduates of the 26th Annual Oro Valley Community Academy class. Community Academy provides a fun and highly engaging opportunity for residents to learn more about the Town. This year's academy focused on key elements that will be further discussed with the broader community through the creation of the Town's next general plan, OV's Path Forward.  Several Town staff members presented and facilitated engaging exercises throughout the month of October on the following topics:  Oro Valley's form of government and department structure 1. Shaping Oro Valley's Future and the Importance of Community Engagement 2. Housing and Development Trends3. Zoning 101 and the Development Review Process 4. An overview of Town Finances and Economic Development 5. Implementation of the Parks and Recreation Master Plan 6. Public Safety 7. Town Water Planning8. Community Academy is the town's primary recruitment tool for new board and commission members. In addition to attending the classes, participants were encouraged throughout the program to apply for the board/commission vacancies currently available. Staff anticipate several will seize the opportunity to stay involved.  This year's academy was attended by 45 residents either online or in-person and 41 (91%) are well on their way to graduating (attending at least 4 classes). The opportunity to participate in-person and online continues to increase the number of attendees and graduates. The list of potential graduates is included in Attachment 1. It will be finalized prior to the presentation of graduates on November 1.  Attachments ATTACHMENT 1 - POTENTIAL LIST OF GRADUATES  1.Lisa Aske 2.Richard Bachmeier 3.Michael Burns 4.John Cronin 5.Tony D'Angelo 6.Pamela Davis 7.Deborah DeLaurentis 8.Ray Dissinger 9.Lori Friedt 10.Jay Hillmer 11.Linda Hillmer 12.Patricia Jaeger 13.Betty Jones 14.Jeff Jones 15.Tom Karrenberg 16.Bob Kellar 17.Gerald LeMay 18.Beth Lenholt 19.Gayle Lopez 20.Bob Mariani 21.Mike Mason 22.Jim McKee 23.Mario Medina 24.Matthew Miller 25.Amelia Mooney 26.Ransley Olson 27.Pati Olson 28.Franklin Roth 29.Philip Saletta 30.Patrick Silva 31.Ann Silva 32.Jim Skalicky 33.Marla Smith 34.Misti Smith 35.James Stacy 36.Andrew Traficanti 37.Janet Traficanti 38.Frank Trembulak 39.Bill Van Dam 40.Sandra Wilson 41.Phil Zielinski Attachment 1: List of potential graduates    Town Council Regular Session A. Meeting Date:11/01/2023   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Town Council Minutes - October 18, 2023, and General Plan Community Engagement Advisory Group Minutes - September 28 and October 16, 2023  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 October 18, 2023, Town Councill minutes and the September 28 and October 16, 2023, General Plan Community Engagement Advisory Group minutes.  Attachments 10-18-23 Draft Minutes  9-28-23 GP Comm Engagement Minutes  10-16-23 GP Comm Engagement Minutes  D R A F T   MINUTES ORO VALLEY TOWN COUNCIL REGULAR AND STUDY SESSION OCTOBER 18, 2023 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 5:00 p.m.   ROLL CALL Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember EXECUTIVE SESSION   1.Pursuant to A.R.S. 38-431.03 (A)(3) and(A)(4) for legal advice and direction regarding Liebowitz v. Town of Oro Valley      2.Pursuant to A.R.S. 38-431.03 (A)(3) and (A)(4) for legal advice and direction regarding Lowe v. Town of Oro Valley       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Harry Greene to go into Executive Session at 5:01 p.m., pursuant to A.R.S. 38-431.03 (A)(3) and(A)(4) for legal advice and direction regarding Liebowitz v. Town of Oro Valley, and pursuant to A.R.S. 38-431.03 (A)(3) and (A)(4) for legal advice and direction regarding Lowe v. Town of Oro Valley  Vote: 7 - 0 Carried    Mayor Winfield announced that the following staff would be joining Council in Executive Session: Town Manager Jeff Wilkins, Deputy Town Manager Chris Cornelison, Town Attorney Nathan Rothschild, Legal Services Director Tobin Sidles, Attorney from Humphry and Peterson, P.C., representing the Municipal Risk Pool, and Town Clerk Mike Standish.   RESUME REGULAR SESSION AT OR AFTER 6:00 PM 10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 1 RESUME REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER    Mayor Winfield resumed the Regular Session at 6:00 p.m.   ROLL CALL    Present: Joseph C. Winfield, Mayor Melanie Barrett, Vice-Mayor Tim Bohen, Councilmember Harry Greene, Councilmember Joyce Jones-Ivey, Councilmember Josh Nicolson, Councilmember Steve Solomon, Councilmember   1.DIRECTION TO ATTORNEYS FROM EXECUTIVE SESSION REGARDING THE LOWE V. TOWN OF ORO VALLEY CLAIM       There was no direction or discussion regarding this item.   2.DIRECTION TO ATTORNEYS FROM EXECUTIVE SESSION REGARDING THE LIEBOWITZ V. TOWN OF ORO VALLEY CLAIM       There was no direction or discussion regarding this item.   PLEDGE OF ALLEGIANCE    Mayor Winfield led the audience in the Pledge of Alligiance.   UPCOMING MEETING ANNOUNCEMENTS    Town Clerk Mike Standish announced the upcoming Town Meetings.   MAYOR AND COUNCIL REPORTS ON CURRENT EVENTS    Councilmember Jones-Ivey recognized Carson Castiglia, an eighth grader at Wilson K-8 School, for his academic excellence and community involvement. Councilmember Bohen reported that he had attended the Sangha Yoga ribbon cutting event held on October 17, 2023. Councilmember Bohen also encouraged citizens to visit Sangha Yoga's new location at the Oro Valley Marketplace. Councilmember Nicolson thanked the 162nd Air National Guard for providing him the opportunity to fly in an F16 airplane. Mayor Winfield recognized Oro Valley Town Attorney Nathan Rothschild, for being a recipient of the Tucson Hispanic Chamber Of Commerce's 40 under 40 award. 10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 2 Mayor Winfield also reported that he and Councilmember Greene had attended the Mother's Against Drunk Driving Tucson Honoring Heroes Recognition Banquet, where Officer Vanessa Molina was recognized for her work in the Oro Valley Community.   TOWN MANAGER'S REPORT ON CURRENT EVENTS    Town Manager Jeff Wilkins reported the following information: The Friday Night Concert Series had begun. The band Steele Saguaros is scheduled to perform on October 27, 2023. Movies at the Ranch will show October Sky on October 21, 2023. A new This is Oro Valley Pod Cast is available on the Town's website titled Building community at Stacks Book Club. Other This is Oro Valley Pod Casts are available regarding What's Happening in Parks. Welcomed the following new businesses; Cold Beer and Cheeseburgers, Northwest Urgent Care, Northwest Primary Care, Oro Valley Spa, and The Bailey Veterinary Medical Center.   ORDER OF BUSINESS    Mayor Winfield reviewed the order of business and stated the order would stand as posted.   INFORMATIONAL ITEMS    There were no informational items.   CALL TO AUDIENCE    Oro Valley resident Tim Fagan voiced his concerns regarding the proposed Oro Valley Church of the Nazarene rezoning request.   PRESENTATIONS    There were no presentation items.   CONSENT AGENDA   A.Minutes - October 4, 2023       Motion by Mayor Joseph C. Winfield, seconded by Councilmember Josh Nicolson to approve Consent item (A).  Vote: 7 - 0 Carried   REGULAR AGENDA   3.DISCUSSION, PUBLIC HEARING AND POSSIBLE ACTION ON PROPOSED ZONING CODE    10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 3 3.DISCUSSION, PUBLIC HEARING AND POSSIBLE ACTION ON PROPOSED ZONING CODE AMENDMENTS TO THE PRIVATE RECREATION AREA REQUIREMENTS FOR NEW RESIDENTIAL SUBDIVISIONS, MULTI-FAMILY, AND MIXED-USE DEVELOPMENTS A. RESOLUTION NO. (R)23-38, DECLARING THE PROPOSED AMENDMENTS TO THE ORO VALLEY ZONING CODE CHAPTER 23, ZONING DISTRICTS, CHAPTER 26, PROVISIONS FOR RECREATION AREA, CHAPTER 31 DEFINITIONS AND OTHER RELATED SECTIONS IN ATTACHMENT 1 AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD B. PUBLIC HEARING: ORDINANCE NO. (O)23-04, PROPOSED CODE AMENDMENTS TO THE ORO VALLEY ZONING CODE CHAPTER 23, ZONING DISTRICTS, CHAPTER 26, PROVISIONS FOR RECREATION AREA, CHAPTER 31 DEFINITIONS AND OTHER RELATED SECTIONS       Motion by Mayor Joseph C. Winfield, seconded by Vice-Mayor Melanie Barrett to approve Resolution No. (R)23-38, declaring the proposed amendments to the Oro Valley Zoning Code in Attachment 1 and, as filed with the Town Clerk, a public record.  Vote: 7 - 0 Carried    Principal Planner Milini Simms presented item #3B and included the following: Guidance Research Additional guidance Guidance and objectives Consolidate private recreation areas Increase or establish the size of recreation areas Prioritize high-value private recreation areas Ensure high-quality amenities General Plan compliance Public participation Summary and Recommendation Mayor Winfield opened the public hearing. The following individuals spoke regarding item #3B Oro Valley resident Shirl Lamonna Oro Valley resident David Godlewski Discussion ensued amongst Council and staff regarding the questions presented from the public speakers. Mayor Winfield closed the public hearing. Discussion continued amongst Council and staff regarding item #3B.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, except that table 26-1, Recreation Area Standards under apartments, shall add the language, "or 35% total open space, whichever is greater", and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan. Discussion continued amongst Council and staff regarding item #3B.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve 10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 4  Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, except that table 26-1, Recreation Area Standards under apartments, shall add the language, "or 35% total open space, whichever is greater", and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan. Discussion continued amongst Council and staff regarding item #3B    Vice Mayor Barrett requested to amend the main motion to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan, seconded by Councilmember Bohen.    Motion by Vice-Mayor Melanie Barrett, seconded by Councilmember Tim Bohen FINAL MOTION AS AMENDED, to approve Ordinance (O)23-04, proposed code amendments to Chapter 23, Chapter 26, Chapter 31, and other related sections of the zoning code, and to strike the words; decisions may be appealed to the Town Council from section 26.5.C.1.E.4, based on the finding that this is in conformance with the General Plan and Strategic Leadership Plan.  Vote: 5 - 2 Carried  OPPOSED: Councilmember Harry Greene  Councilmember Steve Solomon   FUTURE AGENDA ITEMS    No future agenda items were requested.    Vote: 7 - 0 Carried   ADJOURNMENT OF THE REGULAR SESSION    Motion by Mayor Joseph C. Winfield, seconded by Councilmember Steve Solomon to adjourn the Regular Session at 7:33 p.m.  Vote: 7 - 0 Carried   STUDY SESSION   CALL TO ORDER    Mayor Winfield called the Study Session to order at 7:34 p.m.   STUDY SESSION AGENDA   1.DISCUSSION REGARDING TOWN OF ORO VALLEY SPONSORSHIP POLICIES FOR COMMUNITY    10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 5 1.DISCUSSION REGARDING TOWN OF ORO VALLEY SPONSORSHIP POLICIES FOR COMMUNITY EVENTS AND TOURISM EVENTS AND DELEGATIONS OF AUTHORITY THAT ALLOW THE TOWN MANAGER TO SIGN SPONSORSHIP AGREEMENTS       Community and Economic Development Director Paul Melcher presented Study Session item #1 and included the following: Why Sponsorship Policies? Sponsorship Policies: Tourism vs. Community Event Sponsorship Application Scoring: Tourism vs. Community Event Sponsorship Agreement Examples Proposed Signature Authority Future Agenda Item for Town Council Consideration Questions and Discussion Discussion ensued amongst Council and staff regarding Study Session item #1. Council provided comments and general direction to staff regarding the Town of Oro Valley Sponsorship Policies for community events, tourism events, and delegations of authority that allow the Town Manager to sign Sponsorship Agreements.   ADJOURNMENT    Mayor Winfield adjourned the Study Session at 8:15 p.m.     ___________________________________________________ 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 and study session of the Town of Oro Valley Council of Oro Valley, Arizona held on the 18th day of October 2023. I further certify that the meeting was duly called and held and that a quorum was present. ____________________________________________________ Michael Standish, CMC Town Clerk 10/18/23 Minutes, Oro Valley Town Council Regular and Study Session 6 D R A F T MINUTES JOINT STUDY SESSION WITH THE FOLLOWING BOARDS AND COMMISSIONS: TOWN COUNCIL, BOARD OF ADJUSTMENT, BUDGET AND FINANCE COMMISSION, HISTORIC PRESERVATION COMMISSION, PARKS AND RECREATION ADVISORY BOARD, PLANNING AND ZONING COMMISSION, STORMWATER UTILITY COMMISSION, WATER UTILITY COMMISSION, YOUTH ADVISORY COUNCIL September 28, 2023 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE            STUDY SESSION AT OR AFTER 6:00 PM Planning Manager Bayer Vella welcomed everyone and thanked them for their time.   CALL TO ORDER Planning Manager Bayer Vella called the meeting to order at 6:08 p.m.   ROLL CALL Planning Manager Bayer Vella performed the Roll Call, calling out the Board and Commission members who were present. Present: Christian Kirkland, Youth Advisory Council Tanish Doshi, Youth Advisory Council George Li, Youth Advisory Council Jordan Adams, Youth Advisory Council Daren Crusenberry, Youth Advisory Council Devak Biswas, Youth Advisory Council Riley Goodwin, Youth Advisory Council Amiya Lotun, Youth Advisory Council Jaden Wu, Youth Advisory Council Kenna Brock, Youth Advisory Council Liam DaDeppo, Youth Advisory Council Gary Temple, Parks and Recreation Advisory Board Joanne Moothart, Parks and Recreation Advisory Board Kimberly Outlaw Ryan, Planning and Zoning Commission Philip Zielinkski, Planning and Zoning Commission Thomas Gribb, Board of Adjustment Joe Winfield, Town Council Tim Bohen, Town Council Absent: Estelle Lee, Youth Advisory Council Elizabeth Shepperd, Youth Advisory Council Valerie Maynard, Youth Advisory Council Sylvia Russell, Youth Advisory Council Patrick Luu, Youth Advisory Council Grayson Kang, Youth Advisory Council Matthew Querimit, Youth Advisory Council Taylor Rayl, Youth Advisory Council Emma Kim, Youth Advisory Council Kennedy Blanchard, Youth Advisory Council Allison Kuester, Youth Advisory Council Faith Ryan, Youth Advisory Council Pundaleste Bozeman, Historic Preservation Committee Nicole Casaus, Historic Preservation Committee Auvie Lee, Historic Preservation Committee Michael Paul, Historic Preservation Committee Joan Pliego, Historic Preservation Committee Ronald Scantlan, Historic Preservation Committee Matthew Wood, Parks and Recreation Advisory Board Philip Saletta, Parks and Recreation Advisory Board Emily Veres, Parks and Recreation Advisory Board Cheryl Horvath, Parks and Recreation Advisory Board Antonia Landau, Parks and Recreation Advisory Board Jacob Herrington, Planning and Zoning Commission Joseph Nichols, Planning and Zoning Commission Skeet Posey, Planning and Zoning Commission Anna Clark, Planning and Zoning Commission Dan Sturmon, Planning and Zoning Commission Helen Dankwerth, Board of Adjustment Octavio Barcelo, Board of Adjustment Stephen Roach, Board of Adjustment Joseph Affinati, Board of Adjustment John Fortunato, Budget and Finance Commission Michael Mason, Budget and Finance Commission Gerald LeMay, Budget and Finance Commission Jennifer Carr, Budget and Finance Commission Melanie Barrett, Town Council Josh Nicholson, Town Council Harry Greene, Town Council Joyce Jones-Ivey, Town Council Steve Solomon, Town Council Richard Crocker, Stormwater Utility Commission Richard Hawkinson, Stormwater Utility Commission Gary Mattson, Stormwater Utility Commission William "Ed" Thomas, Stormwater Utility Commission David Atler, Water Utility Alan Forrest, Water Utility Greg Hitt, Water Utility Kay Lantow, Water Utility Tom Marek, Water Utility Patricia Olson, Water Utility Naranjan Vescio, Water Utility Staff Present:Milini Simms, Principal Planner Bayer Vella, Planning Manager Attendees: Richie Brevaire, Gordley Group Andres Adame, Gordley Group Heather Valdez, Gordley Group STUDY SESSION AGENDA   1.DISCUSSION ONLY WITH TOWN COUNCIL, BOARD AND COMMISSION MEMBERS, YOUTH ADVISORY COUNCIL AND PUBLIC ATTENDEES REGARDING THE PROJECT IDENTITY, INCLUDING THE NAME OF THE UPCOMING GENERAL PLAN       Long Range Principal Planner Milini Simms spoke about the brief survey all participants were asked to take when they arrived. Ms. Simms provided a presentation that included the following: - Purpose and roles - The General Plan process - What is a General Plan? - General Plan elements - Community engagement plan - Guiding principles for community engagement Ms. Simms then turned over the meeting to Richie Brevaire with the Gordley Group, who introduced his team members, Heather Valdez and Andres Adame. Mr. Brevaire spoke on branding, icons and consistency. Mr. Adame reviewed the results from the three question survey the participants took at the beginning of the meeting. Ms. Valdez led the group in an exercise that demonstrated the point of aligning different visions. Ms. Simms and Mr. Adame discussed core values with the group. Mr. Adame asked the group to narrow down to their top five values, then further narrow down to top three core values. The group chose community, accountability and collaboration as their top three values. Discussion ensued among staff, Gordley group and meeting participants. Ms. Valdez led the group in another exercise regarding "mood boards" and how they communicate to them. Discussion ensued by reviewing the results with the group. Ms. Simms thanked the group for their participation. Based on the feedback, staff will work with the Gordley Group to distill the details and create a cohesive brand. A followup virtual meeting has been scheduled for October 16 to present the results of the name, logo and tagline.   ADJOURNMENT Long Range Principal Planner Milini Simms adjourned the meeting at 7:38 p.m.   I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the 2026 General Plan I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the 2026 General Plan Community Engagement Advisory Group of Oro Valley, Arizona held on the 28th day of September 2023. ___________________________ Jeanna Ancona Senior Office Specialist D R A F T MINUTES JOINT STUDY SESSION WITH THE FOLLOWING BOARDS AND COMMISSIONS: TOWN COUNCIL, BOARD OF ADJUSTMENT, BUDGET AND FINANCE COMMISSION, HISTORIC PRESERVATION COMMISSION, PARKS AND RECREATION ADVISORY BOARD, PLANNING AND ZONING COMMISSION, STORMWATER UTILITY COMMISSION, WATER UTILITY COMMISSION, YOUTH ADVISORY COUNCIL October 16, 2023 ORO VALLEY HOPI CONFERENCE ROOM 11000 N. LA CAÑADA DRIVE               STUDY SESSION AT OR AFTER 6:00 PM   CALL TO ORDER Planning Manager Bayer Vella called the meeting to order at 6:00 p.m.   ROLL CALL Planning Manager Bayer Vella performed the Roll Call, calling out the Board and Commission members who were present. Present: George Li, Youth Advisory Council Estelle Lee, Youth Advisory Council (via online) Sylvia Russell, Youth Advisory Council Kenna Brock, Youth Advisory Council Jaden Wu, Youth Advisory Council Emma Kim, Youth Advisory Council Faith Ryan, Youth Advisory Council Amiya Lotun, Youth Advisory Council Allison Kuester, Youth Advisory Council (via online) Joan Pliego, Historic Preservation Committee Matthew Wood, Parks and Recreation Advisory Board Joanne Moothart, Parks and Recreation Advisory Board Dan Sturmon, Planning and Zoning Commission Thomas Gribb, Board of Adjustment Joseph Affinati, Board of Adjustment William "Ed" Thomas, Stormwater Utility Commission Joe Winfield, Town Council (via online) Tim Bohen, Town Council Joyce Jones-Ivey, Town Council (via online) Absent: Elizabeth Shepperd, Youth Advisory Council Valerie Maynard, Youth Advisory Council Patrick Luu, Youth Advisory Council Grayson Kang, Youth Advisory Council Matthew Querimit, Youth Advisory Council Taylor Rayl, Youth Advisory Council Jordan Adams, Youth Advisory Council Daren Crusenberry, Youth Advisory Council Devak Biswas, Youth Advisory Council Riley Goodwin, Youth Advisory Council Liam DaDeppo, Youth Advisory Council Kennedy Blanchard, Youth Advisory Council Christian Kirkland, Youth Advisory Council Tanish Doshi, Youth Advisory Council Pundaleste Bozeman, Historic Preservation Committee Nicole Casaus, Historic Preservation Committee Auvie Lee, Historic Preservation Committee Michael Paul, Historic Preservation Committee Ronald Scantlan, Historic Preservation Committee Philip Saletta, Parks and Recreation Advisory Board Emily Veres, Parks and Recreation Advisory Board Cheryl Horvath, Parks and Recreation Advisory Board Antonia Landau, Parks and Recreation Advisory Board Gary Temple, Parks and Recreation Advisory Board Jacob Herrington, Planning and Zoning Commission Joseph Nichols, Planning and Zoning Commission Skeet Posey, Planning and Zoning Commission Anna Clark, Planning and Zoning Commission Kimberly Outlaw Ryan, Planning and Zoning Commission Philip Zielinkski, Planning and Zoning Commission Helen Dankwerth, Board of Adjustment Octavio Barcelo, Board of Adjustment Stephen Roach, Board of Adjustment John Fortunato, Budget and Finance Commission Michael Mason, Budget and Finance Commission Gerald LeMay, Budget and Finance Commission Jennifer Carr, Budget and Finance Commission Melanie Barrett, Town Council Josh Nicholson, Town Council Harry Greene, Town Council Steve Solomon, Town Council Richard Crocker, Stormwater Utility Commission Richard Hawkinson, Stormwater Utility Commission Gary Mattson, Stormwater Utility Commission David Atler, Water Utility Alan Forrest, Water Utility Greg Hitt, Water Utility Kay Lantow, Water Utility Tom Marek, Water Utility Patricia Olson, Water Utility Naranjan Vescio, Water Utility Staff Present: Rene Olvera, Long Range Senior Planner Milini Simms, Long Range Principal Planner Bayer Vella, Planning Manager Misti Nowak, Communications and Marketing Administrator Attendees: Jan Gordley, Gordley Group Richie Brevaire, Gordley Group Heather Valdez, Gordley Group Tom Baca, Gordley Group   STUDY SESSION AGENDA   1.DISCUSSION ONLY WITH TOWN COUNCIL, BOARD AND COMMISSION MEMBERS, YOUTH ADVISORY COUNCIL AND PUBLIC ATTENDEES REGARDING THE PROJECT IDENTITY, INCLUDING THE NAME OF THE UPCOMING GENERAL PLAN       Planning Manager Bayer Vella introduced the evening's agenda item and emphasized the intent of the meeting is to provide guidance on the branding and marketing for the General Plan, before launching to the broader community. He reviewed instructions for online Zoom participants. Misti Nowak, Communications and Marketing Administrator, spoke on the process of marketing and branding the General Plan. Even though the Gordley Group was hired, community input, including shared values and aspirations, helps guide the process. The "feel" of the place can only come from its residents. The "function" comes from the design team. The final design should be simple enough to have a strong presence, but also allow for possibilities. Ms. Nowak provided an example of a successful Oro Valley branding package with two different logos for the Town, how they are used and the different feelings they create. Jan Gordley, with the Gordley Group, spoke about working with the Town's high standards and her team.She reviewed the do's and dont's regarding branding. The focus of the branding/marketing should be authentic to the community, inviting and appealing, memorable and recognizable, and very clear, with the ability to build on the essence of the message. Ms. Gordley reviewed the aspects of creating a cohesive brand. She reviewed the past General Plan brand and the community engagement plan. Richie Brevaire, with the Gordley Group, reviewed the results of the surveys and exercises from the last meeting, focusing on the key phrases and words for community, progress, Oro Valley and core values. Heather Valdez, with the Gordley Group, unveiled the new brand the team designed: Oro Valley's Path Forward - Planning Together for Our Future. She reviewed the process of taking all the feedback received and how it was incorporated. Long Range Principal Planner Milini Simms posed questions to the group and discussion ensued. Ms. Simms thanked the group for all of their input and participation. She asked the group to please keep the new brand under wraps, as it is still be finalized and will be unveiled at the State of the Town event.   ADJOURNMENT Long Range Principal Planner Milini Simms adjourned the meeting at 7:00 p.m.   I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the 2026 General Plan Community Engagement Advisory Group of Oro Valley, Arizona held on the 16th day of October 2023. ___________________________ Jeanna Ancona Senior Office Specialist    Town Council Regular Session B. Meeting Date:11/01/2023   Requested by: Zach Young Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)23-39, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding materials and supplies (Foxfury 360 Lights) to enhance accident investigation throughout the Town of Oro Valley; 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 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A grant application was submitted to GOHS for accident investigation materials and supplies. As a result, the Town of Oro Valley Police Department was awarded $4,716. BACKGROUND OR DETAILED INFORMATION: On March 2, 2023, the Town of Oro Valley Police Department applied for grant funding for accident investigation materials and supplies. On August 25, 2023, the Town received a letter awarding $4,716. This contract funding can be utilized after October 1, 2023, which is the beginning of the 2024 federal fiscal year. The police department will use these funds to enhance our accident investigations. FISCAL IMPACT: The approved FY 2023/24 budget includes the capacity, in the appropriate categories, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-39, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding materials and supplies (Foxfury 360 Lights) to enhance accident investigation throughout the Town of Oro Valley; 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. Attachments (R)23-39 2023 GOHS Accident Investigation Grant  GOHS Accident Investigation Supplies Contract  RESOLUTION NO. (R)23-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING MATERIALS AND SUPPLIES (FOXFURY 360 LIGHTS) TO ENHANCE ACCIDENT INVESTIGATION THROUGHOUT THE TOWN OF ORO VALLEY; 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, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from Section 402 funds to fund materials and supplies (FoxFury 360 Lights) to enhance accident investigation throughout the Town of Oro Valley; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Contract between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. 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. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Grant Contract attached hereto as Exhibit “A”, are 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 Town Council of the Town of Oro Valley, Arizona, this 1st day of November, 2023. 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” 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY GRANT AGREEMENT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37524300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS GRANT NUMBER: Oro Valley Police Department 2024-AI-013 ADDRESS PROGRAM AREA: 11000 N. La Canada Dr.Oro Valley, AZ 85737 402-AI 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley Marshall Morris ADDRESS 3. PROJECT TITLE: 11000 N. La Canada Dr. Oro Valley, AZ, 85737 Accident Investigation Related Materials and Supplies (FoxFury 360 Lights) 4. GUIDELINES: 402–Accident Investigation (AI) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Materials and Supplies: FoxFury 360 Lights to enhance Accident Investigation throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2024 I. Personnel Services $0.00 II. Employee Related Expenses $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (FoxFury 360 Lights) $4,716.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $4,716.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2024 CURRENT GRANT PERIOD FROM: 10-01-2023 TO: 09-30-2024 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $4,716.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 106 Total Population in city/town or county: 47,070 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department conducts a large amount of collision investigations in twilight and nighttime conditions. Over half of the collisions occur during the swing and midnight shifts in Oro Valley. The Oro Valley Police Department uses Unmanned Aerial Vehicles (UAV's) to map the collision scenes and allow to create accurate 3D renderings of the collision. These UAV's need proper lighting to be the most accurate when taking the photos and video used in these reconstructions. Agency Funding: Federal 402 funds will support Materials and Supplies: FoxFury 360 Lights to enhance Accident Investigation throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department (OVPD) is a progressive police agency with a deep history of commitment to high visibility traffic safety. Known for its low crime rate and high quality of life, Oro Valley owes much of its peaceful reputation to the police department's overt and highly visible traffic enforcement philosophy. This grant request will assist OVPD with its ongoing mission to improve the quality of life by allowing to purchase new equipment to help better investigate collisions that occur within the Town. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 3 PROGRAM MEASURES: Program Objectives: 1. Purchase 4 FoxFury Nomad 360 Scene Light to use in collision investigations to provide proper lighting for collision investigators and 3D scene rendering using UAV's. 2. Utilize new scene lights at all nighttime or low light collision scenes. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 4 GOALS/OBJECTIVES: Federal 402 funds will support Materials and Supplies: FoxFury 360 Lights to enhance Accident Investigation throughout the Town of Oro Valley. Expenditures of funding pertaining to the AI/Accident Investigation Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Accident Investigation Program goals provided by the Arizona Governor’s Office of Highway Safety. The Accident Investigation Program goal is to provide training and resources for Vehicular Crimes Units to aide in the investigation and prosecution of fatal traffic crashes throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Accident Investigations in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Materials and Supplies - To purchase/procure the following Materials and Supplies for Accident Investigations Enforcement Activities: FoxFury 360 Lights PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement Grant agreement until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on the grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 6 Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2023) January 30, 2024 2nd Quarterly Report and RCI (January 1 to March 31, 2024) April 20, 2024 3rd Quarterly Report and RCI (April 1 to June 30, 2024) July 20, 2024 4th Quarterly Report and RCI (July 1 to September 30, 2024) October 15, 2024 Final Statement of Accomplishments October 15, 2024 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Grant agreement. PROFESSIONAL AND TECHNICAL PERSONNEL: Kara Riley, Chief, Oro Valley Police Department, shall serve as Project Director. Marshall Morris, Sergeant , Oro Valley Police Department, shall serve as Project Administrator. Brittany Tabares, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and submitted with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 7 PROGRAM MONITORING: Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the grant agreement and serves as a continuous management tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review and documentation. Program monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings  On-Site/In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $100,000 Desk Review/Phone Conference $100,000 and over May have an In-House GOHS Review $300,000+ May have an On-Site/In-House Review Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review Desk Review and Phone Conference Internal review of all written documentation related to the grant agreement including, but not limited to the Grant Agreement: Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 8 photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the granted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the grant agreement specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant Agreement. DURATION: Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant Agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 10 ESTIMATED COSTS: I. Personnel Services (overtime) $0.00 II. Employee Related Expenses (ERE) $0.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (FoxFury 360 Lights) $4,716.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$4,716.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $4,716.00. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 11 CERTIFICATIONS AND AGREEMENTS This Grant Agreement, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Grant Agreement, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Grant agreement. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Grant agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Grant agreement. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Grant agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Grant agreement. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 12 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Grant agreement ceases to be used in the manner as set forth by this Grant agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Grant agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Grant agreement. D. AGENCY will incorporate any equipment purchased under this Grant agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Grant agreement for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In-State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Grant agreement. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 13 VII. Non-Assignment and Sub-Contracts This Grant agreement is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Grant agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Grant agreement, unless otherwise provided for elsewhere in this Grant agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Grant agreement. B. The provisions of subparagraph A apply whether or not the project granted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Grant agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Grant agreement. XI. Non-Discrimination During the performance of this contract/grant agreement, the contractor/grant recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 14 B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in this contract/grant agreement, the State highway safety agency will have the right to impose such contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/grant recipient under the contract/grant agreement until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or grant agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Grant Agreement. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Grant Agreement. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned Grant Agreements. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this agreement where the provisions of mandatory arbitration apply. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 15 XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant Agreement that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant Agreement once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close said operations under the Grant Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 16 D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract/Grant Agreement is subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract/Grant Agreement or any extension of the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with respect to the subject matter or the Contract/Grant Agreement. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract/Grant Agreement unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Grant Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant Agreement. It is further certified that any pending or proposed request for other Federal grant funds Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 17 which would duplicate or overlap work described in the Grant Agreement will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept., within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Certification on Conflict of Interest General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 18 No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 19 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Certification Regarding Debarment, Suspension, and Other Responsibility Matter Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 20 A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 21 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 22 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Kara Riley, Chief Oro Valley Police Department Signature of Authorized Official of Governmental Unit: Jeff Wilkins, Town Manager, Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 23 REIMBURSEMENT INSTRUCTIONS 1.Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2.Agency's Fiscal Contact: Name: Title: Telephone Number:Fax Number: E-mail Address: Federal Identification Number: 3.REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4.Unique Entity Identifier: (Unique Entity Identifier #) (Registered Address & Zip Code) Kara M. Riley Chief of Police 520-229-4900 520-229-4979 kriley@orovalleyaz.gov Catherine Hendrix Administrative Services Manager 520-229-4906 520-229-4979 chendrix@orovalleyaz.gov 86-0293039 Town of Oro Valley Town of Oro Valley Police Department 11000 N. La Canada Dr. Oro Valley, AZ 85737 098039373 11000 N. La Canada Dr. 85737 Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AI-013 24 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- AI, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $4,716.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency J.M. “Jesse” Torrez, Chief Executive Officer Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session C. Meeting Date:11/01/2023   Requested by: Zach Young Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)23-40, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (exam gloves, phlebotomy supply kits, blood alcohol kits) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A grant application was submitted to GOHS for funding personnel services, employee related expenses, materials and supplies for DUI Enforcement. As a result, the Town of Oro Valley Police Department was awarded $64,158. BACKGROUND OR DETAILED INFORMATION: On March 2, 2023, the Town of Oro Valley Police Department applied for grant funding for overtime, materials and supplies. On August 25, 2023, the Town received a letter awarding $64,158. This contract funding can be utilized after October 1, 2023, which is the beginning of the 2024 federal fiscal year. The police department will use these funds to enhance DUI Enforcement. FISCAL IMPACT: The approved FY 2023/24 budget includes the capacity, in the appropriate categories, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-40, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding personnel services (overtime), employee related expenses and materials and supplies (exam gloves, phlebotomy supply kits, blood alcohol kits) to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley; 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. Attachments (R)23-40 2024 GOHS DUI OT & Supplies  GOHS DUI OT & Supplies Contract  RESOLUTION NO. (R)23-40 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING TO SUPPORT PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES, AND MATERIALS AND SUPPLIES (EXAM GLOVES, PHLEBOTOMY SUPPLY KITS, BLOOD ALCOHOL KITS) TO ENHANCE DUI/IMPAIRED DRIVING ENFORCEMENT THROUGHOUT THE TOWN OF ORO VALLEY; 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, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from Section 402 funds to support personnel services (overtime), employee related expenses, and materials and supplies (exam gloves, phlebotomy supply kits, blood alcohol kits) to enhance DUI/impaired driving enforcement throughout the Town of Oro Valley; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Contract between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. 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. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Grant Contract attached hereto as Exhibit “A”, are 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 Town Council of the Town of Oro Valley, Arizona, this 1st day of November, 2023. 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” 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY GRANT AGREEMENT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37524300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS GRANT NUMBER: Oro Valley Police Department 2024-AL-023 ADDRESS PROGRAM AREA: 11000 N. La Canada Dr.Oro Valley, AZ 85737 402-AL 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley Marshall Morris ADDRESS 3. PROJECT TITLE: 11000 N. La Canada Dr. Oro Valley, AZ, 85737 DUI/Impaired Driving Enforcement, and Related Materials and Supplies (Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits) 4. GUIDELINES: 402–Alcohol (AL) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2024 I. Personnel Services $42,857.00 II. Employee Related Expenses (40%) $17,143.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits) $4,158.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $64,158.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2024 CURRENT GRANT PERIOD FROM: 10-01-2023 TO: 09-30-2024 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $64,158.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 106 Total Population in city/town or county: 47,070 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department has conducted a 2 year review of data related to traffic enforcement efforts. Total traffic contacts have unfortunately decreased from 17,256 to 14,223. To note in this decrease was the significant increase in the turnover of officers due to retirements and other reasons. A total of 22 new hires started with the Oro Valley Police Department in 2022. This was a turnover of over 20% of the total certified personnel. The time and effort expended on training all of these new officers has been significant and has led to officers not having as much time for more proactive traffic enforcement. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department (OVPD) is an active participating agency of the Southern Arizona DUI Task Force and remains committed to the goals and objectives of the task force. Historically, OVPD participates in 12 region-wide multi-agency DUI interdiction deployments. Moreover, OVPD conducts high visibility saturation patrols with partner agencies. OVPD is requesting alternative revenue sourcing to ensure active participation in regional impaired driving abatement efforts along with equipment for collection and processing of evidence of Impaired Driving Crimes. Arizona Governor's Office of Highway Safety funding, will ensure continued active participation in this public safety partnership. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 3 PROGRAM MEASURES: Agency Goals: To decrease the number of impaired driving-related crashes 10% from 30 during calendar year 2022 to 27 by December 31, 2024. To decrease the number of serious injuries in impaired driving-related crashes 10% from 6 in calendar year 2022 to 5 by December 31, 2024. To decrease the number of fatalities in impaired driving-related crashes 100 % from 1 in calendar year 2022 to 0 by December 31, 2024. Program Objectives: To participate in a minimum of 4 DUI saturation patrols per quarter during FFY 2024. To participate in a minimum of 4 DUI task force operations per quarter during FFY 2024. Additional Program Objectives: 1. Attend a minimum of 2 school and/or community outreach functions during the grant cycle to educate the public on dangers of impaired driving. 2. Complete one HGN/SFST and one Advanced Roadside Impairment Driver Enforcement training. Certify at least one additional officer as a Drug Recognition Expert. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this program, shall be HGN/SFST certified. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of DUI/Impaired Driving in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for DUI/Impaired Driving Enforcement Activities: Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 5 prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement Grant agreement until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Quarterly Report The purpose of the Quarterly Report is to provide information on the grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 6 mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2023) January 30, 2024 2nd Quarterly Report and RCI (January 1 to March 31, 2024) April 20, 2024 3rd Quarterly Report and RCI (April 1 to June 30, 2024) July 20, 2024 4th Quarterly Report and RCI (July 1 to September 30, 2024) October 15, 2024 Final Statement of Accomplishments October 15, 2024 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Grant agreement. PROFESSIONAL AND TECHNICAL PERSONNEL: Kara Riley, Chief, Oro Valley Police Department, shall serve as Project Director. Marshall Morris, Sergeant , Oro Valley Police Department, shall serve as Project Administrator. Brittany Tabares, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 7 RCIs shall be typed and submitted with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROGRAM MONITORING: Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the grant agreement and serves as a continuous management tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review and documentation. Program monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings  On-Site/In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $100,000 Desk Review/Phone Conference $100,000 and over May have an In-House GOHS Review $300,000+ May have an On-Site/In-House Review Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review Desk Review and Phone Conference Internal review of all written documentation related to the grant agreement including, but not limited to the Grant Agreement: Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 8 by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the granted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the grant agreement specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant Agreement. DURATION: Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant Agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 10 ESTIMATED COSTS: I. Personnel Services (overtime) $42,857.00 II. Employee Related Expenses (ERE) (40%) $17,143.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (Exam Gloves, Phlebotomy Supply Kits, Blood Alcohol Kits) $4,158.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$64,158.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $64,158.00. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION GRANT AGREEMENT ACTIVITY AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Citations Average BAC Distracted Driving Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 12 CERTIFICATIONS AND AGREEMENTS This Grant Agreement, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Grant Agreement, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Grant agreement. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Grant agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Grant agreement. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Grant agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Grant agreement. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Grant agreement ceases to be used in the manner as set forth by this Grant agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Grant agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Grant agreement. D. AGENCY will incorporate any equipment purchased under this Grant agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Grant agreement for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In-State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Grant agreement. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 14 VII. Non-Assignment and Sub-Contracts This Grant agreement is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Grant agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Grant agreement, unless otherwise provided for elsewhere in this Grant agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Grant agreement. B. The provisions of subparagraph A apply whether or not the project granted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Grant agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Grant agreement. XI. Non-Discrimination During the performance of this contract/grant agreement, the contractor/grant recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 15 B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in this contract/grant agreement, the State highway safety agency will have the right to impose such contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/grant recipient under the contract/grant agreement until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or grant agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Grant Agreement. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Grant Agreement. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned Grant Agreements. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this agreement where the provisions of mandatory arbitration apply. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 16 XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant Agreement that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant Agreement once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close said operations under the Grant Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 17 D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract/Grant Agreement is subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract/Grant Agreement or any extension of the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with respect to the subject matter or the Contract/Grant Agreement. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract/Grant Agreement unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Grant Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant Agreement. It is further certified that any pending or proposed request for other Federal grant funds Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 18 which would duplicate or overlap work described in the Grant Agreement will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept., within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Certification on Conflict of Interest General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 19 No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 20 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Certification Regarding Debarment, Suspension, and Other Responsibility Matter Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 21 A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 22 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Kara Riley, Chief Oro Valley Police Department Signature of Authorized Official of Governmental Unit: Jeff Wilkins, Town Manager, Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 24 REIMBURSEMENT INSTRUCTIONS 1.Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2.Agency's Fiscal Contact: Name: Title: Telephone Number:Fax Number: E-mail Address: Federal Identification Number: 3.REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4.Unique Entity Identifier: (Unique Entity Identifier #) (Registered Address & Zip Code) Kara M. Riley Chief of Police 520-229-4900 520-229-4979 kriley@orovalleyaz.gov Catherine Hendrix Administrative Services Manager 520-229-4906 520-229-4979 chendrix@orovalleyaz.gov 86-0293039 Town of Oro Valley Town of Oro Valley Police Department 11000 N. La Canada Dr. Oro Valley, AZ 85737 098039373 11000 N. La Canada Dr. 85737 Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-AL-023 25 AUTHORITY & FUNDS 1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- AL, as approved for by the National Highway Traffic Safety Administration. 2. A. EFFECTIVE DATE: B. FEDERAL FUNDS: Authorization to Proceed Date $64,158.00 3. AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency J.M. “Jesse” Torrez, Chief Executive Officer Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session D. Meeting Date:11/01/2023   Requested by: Zach Young Submitted By:Catherine Hendrix, Police Department Department:Police Department SUBJECT: Resolution No. (R)23-41, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radar devices) to enhance the Special Traffic Enforcement Program (STEP); 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 RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A grant application was submitted to GOHS for funding personnel services, employee related expenses, materials and supplies for STEP Enforcement. As a result, the Town of Oro Valley Police Department was awarded $50,832. BACKGROUND OR DETAILED INFORMATION: On March 2, 2023, the Town of Oro Valley Police Department applied for grant funding for overtime, materials and supplies. On August 25, 2023, the Town received a letter awarding $50,832. This contract funding can be utilized after October 1, 2023, which is the beginning of the 2024 federal fiscal year. The police department will use these funds to enhance speed enforcement. FISCAL IMPACT: The approved FY 2023/24 budget includes capacity, in the appropriate categories, for this awarded funding. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)23-41, authorizing and approving a grant contract between the Town of Oro Valley and the Governor’s Office of Highway Safety (GOHS) for funding to support personnel services (overtime), employee related expenses, and materials and supplies (radar devices) to enhance the Special Traffic Enforcement Program (STEP); 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. Attachments (R)23-41 GOHS STEP OT & Supplies  GOHS STEP OT & Supplies Contract  RESOLUTION NO. (R)23-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF ORO VALLEY AND THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING TO SUPPORT PERSONNEL SERVICES (OVERTIME), EMPLOYEE RELATED EXPENSES, AND MATERIALS AND SUPPLIES (RADAR DEVICES) TO ENHANCE THE SPECIAL TRAFFIC ENFORCEMENT PROGRAM (STEP) THROUGHOUT THE TOWN OF ORO VALLEY; 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, Highway Safety Funds are used to support State and community programs to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act sets forth the minimum requirements with which each state’s highway safety program must comply, and provides a minimum level of funding for local programs each fiscal year; and WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from Section 402 funds to fund personnel services (Overtime) and employee related expenses, and materials and supplies (Radar units) to enhance the Special Traffic Enforcement Program (STEP) throughout the Town of Oro Valley; and WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the purposes of furthering public safety within the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona that: SECTION 1. The Town Manager and Chief of Police are authorized to enter into and execute the Highway Safety Grant Contract between the Governor’s Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A” and incorporated herein by this reference. SECTION 2. 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. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the Grant Contract attached hereto as Exhibit “A”, are 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 Town Council of the Town of Oro Valley, Arizona, this 1st day of November, 2023. 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” 1 GOVERNOR'S OFFICE OF HIGHWAY SAFETY STATE OF ARIZONA HIGHWAY SAFETY GRANT AGREEMENT This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire Grant between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing. FAIN: 69A37524300004020AZ0 Assistance Listings: 20.600 1. APPLICANT AGENCY GOHS GRANT NUMBER: Oro Valley Police Department 2024-PTS-039 ADDRESS PROGRAM AREA: 11000 N. La Canada Dr.Oro Valley, AZ 85737 402-PTS 2. GOVERNMENTAL UNIT AGENCY CONTACT: Town of Oro Valley Marshall Morris ADDRESS 3. PROJECT TITLE: 11000 N. La Canada Dr. Oro Valley, AZ, 85737 STEP Enforcement, and Related Materials and Supplies (Radar Units) 4. GUIDELINES: 402–Police Traffic Services (PTS) 5. BRIEFLY STATE PURPOSE OF PROJECT: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Radar Units to enhance STEP Enforcement throughout the Town of Oro Valley. 6. BUDGET COST CATEGORY Project Period FFY 2024 I. Personnel Services $32,143.00 II. Employee Related Expenses (40%) $12,857.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (Radar Units) $5,832.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS $50,832.00 PROJECT PERIOD FROM: Effective Date (Date of GOHS Director Signature) TO: 09-30-2024 CURRENT GRANT PERIOD FROM: 10-01-2023 TO: 09-30-2024 TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $50,832.00 A political subdivision or State agency that is mandated to provide a certified resolution or ordinance authorizing entry into this Grant agreement must do so prior to incurring any expenditures. Failure to do so may result in termination of the awarded Grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 2 PROBLEM IDENTIFICATION AND RESOLUTION: Agency Background: Number of sworn officers: 106 Total Population in city/town or county: 47,070 Total Road Mileage: Highway: 55 Local: 418 Total: 473 Agency Problem/Attempts to Solve Problem: The Oro Valley Police Department has recognized an increase in speeding on the highways throughout the town. This information is gleaned through the observations of officers along with constituent complaints of dangerous driving behavior. Speed related violations continue to be a driver of most traffic related complaints in the town. In response, the Oro Valley Traffic Unit has responded with numerous High Visibility Enforcement (HiVE) and STEP deployments along Tangerine Rd where a majority of the traffic contacts are for speed related violations. Agency Funding: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Radar Units to enhance STEP Enforcement throughout the Town of Oro Valley. How Agency Will Solve Problem with Funding: The Oro Valley Police Department (OVPD) is a progressive police agency with a deep history of commitment to high visibility traffic safety. Known for its low crime rate and high quality of life, Oro Valley owes much of its peaceful reputation to the police department's overt and highly visible traffic enforcement philosophy. This grant request will assist OVPD with its ongoing mission to improve the quality of life by reducing crashes, injuries and property loss as a result of speeding and unsafe driving behaviors. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 3 PROGRAM MEASURES: Agency Goals: To decrease the number of speeding-related crashes 10% from 174 during calendar year 2022 to 157 by December 31, 2024. To decrease the number of serious injuries in speeding-related crashes 10% from 58 in calendar year 2022 to 52 by December 31, 2024. To decrease the number of fatalities in speeding-related crashes 100% from 1 in calendar year 2022 to 0 by December 31, 2024. Program Objectives: To increase the number of speeding and aggressive driving citations 10% from 1297 during Calendar Year 2022 to 1427 during FFY 2024. Conduct targeted speed enforcement efforts a minimum of 4 times per month during FFY 2024. Additional Program Objectives: 1. Certify 4 new personnel in the use of Radar and Lidar technology. 2. Overall increase of speed related traffic contacts of 10%. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 4 GOALS/OBJECTIVES: Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and Supplies: Radar Units to enhance STEP Enforcement throughout the Town of Oro Valley. Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky driving behavior through enforcement, education, and public awareness throughout the State of Arizona. MEDIA RELEASE: To prepare complete press release information for media (television, radio, print, and on-line) during each campaign period including a main press release, schedule of events, departmental plans, and relevant data. The material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding in terms of money, criminal, and human consequences. The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the morning following each day of the event. The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day, Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details. PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred (RCIs) timely and correctly may delay reimbursement for expenditures to your Agency. METHOD OF PROCEDURE: The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program Goals/Objectives: Personnel Services - To support Overtime for STEP/Speed Enforcement Activities Employee Related Expenses - To support Employee Related Expenses for Agency Overtime Materials and Supplies - To purchase/procure the following Materials and Supplies for STEP/Speed Enforcement Activities: Radar Units PRESS RELEASE: Agencies are required to develop and distribute a press release announcing this grant award upon receipt of the executed Grant agreement. A copy of this press release shall be sent to the GOHS Director for approval prior to being sent to the media. This press release shall include the objective and specify that the funding is from the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 5 BAC TESTING AND REPORTING REQUIREMENTS: Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions. Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to assess progress toward reducing impaired driving. Each law enforcement agency that receives an enforcement-related grant is required to ensure that accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and cancellation of the enforcement Grant agreement until this requirement is met. PURSUIT POLICY: All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect. SPECIFIC REQUIREMENTS: SPEED DETECTION EQUIPMENT – Requirements for Speed Detection Devices: The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for using the speed detection devices purchased under this Grant agreement implementing a National Highway Traffic Safety Administration (NHTSA) approved training course. The Oro Valley Police Department will maintain written documentation (copy of the training certificates) which will be available for review by GOHS. METHOD OF PROCUREMENT: The application of 2 CFR Part 200 "Procurement Standards" requires that: Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards. The most stringent purchasing requirement at each level must be met. If the Agency does not have a procurement process, the Agency may use the State procurement process. A clear audit trail must be established to determine costs charged against this Grant agreement. Substantiation of costs shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment. The Agency shall retain copies of all documentation in the project file. State Contract: Procurement may be made using an open State contract award. Documents submitted to substantiate purchases using an open State contract must bear the contract number. PROJECT EVALUATION: This project shall be administratively evaluated to ensure the objectives have been met. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 6 Quarterly Report The purpose of the Quarterly Report is to provide information on the grant activities conducted at the conclusion of each active quarter. The information provided is used to review progress of the funded project and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles, and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is critical the report contains the following information:  Original signatures on all Quarterly Reports and RCIs • All Quarterly Reports and RCIs shall include the signature of the Project Director unless prior authorization for another is on file with GOHS. Report Schedule Reporting Period Due Date 1st Quarterly Report and RCI (October 1 to December 31, 2023) January 30, 2024 2nd Quarterly Report and RCI (January 1 to March 31, 2024) April 20, 2024 3rd Quarterly Report and RCI (April 1 to June 30, 2024) July 20, 2024 4th Quarterly Report and RCI (July 1 to September 30, 2024) October 15, 2024 Final Statement of Accomplishments October 15, 2024 The Quarterly Report shall be completed on the form available on-line and can be submitted by email to the Governor’s Office of Highway Safety. NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT. Final Statement of Accomplishments The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving funding are required to submit a Final Statement of Accomplishments Report. Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal funds or termination of the Grant agreement. PROFESSIONAL AND TECHNICAL PERSONNEL: Kara Riley, Chief, Oro Valley Police Department, shall serve as Project Director. Marshall Morris, Sergeant , Oro Valley Police Department, shall serve as Project Administrator. Brittany Tabares, Governor's Office of Highway Safety, shall serve as Project Coordinator. REPORT OF COSTS INCURRED (RCI): The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 7 required report. Agencies may submit additional RCI forms for expenditures when funds have been expended for which reimbursement is being requested. Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records. RCIs shall be typed and submitted with appropriate supporting documentation to the Governor’s Office of Highway Safety. Electronically submitted RCIs will be accepted. Final RCIs will not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept fiscal responsibility. PROGRAM MONITORING: Highway safety grant program monitoring is used by GOHS project coordinators to track the progress of project objectives, performance measures, and compliance with applicable procedures, laws, and regulations. The process is used throughout the duration of the grant agreement and serves as a continuous management tool. Program monitoring also presents an opportunity to develop partnerships, share information, and provide assistance to granted agencies. Additionally, program monitoring outlines a set of procedures for grant review and documentation. Program monitoring serves as a management tool for:  Detecting and preventing problems  Helping to identify needed changes  Identifying training or assistance needed  Obtaining data necessary for planning and evaluation  Identifying exemplary projects Types of Monitoring Monitoring is formal and informal, financial and operational. The most common types of monitoring are:  Ongoing contact with the grantee through phone calls, e-mails, correspondence, and meetings  On-Site/In-House monitoring reviews of project operations, management, and financial records and systems  Review of project Quarterly Reports  Review and approval of Report of Costs Incurred (RCIs)  Desk review of other documents in the project grant files for timely submission and completeness Monitoring Schedule Total Awarded Amount: Type of Monitoring: Under $100,000 Desk Review/Phone Conference $100,000 and over May have an In-House GOHS Review $300,000+ May have an On-Site/In-House Review Capital Outlay Greater than $100,000 (combined) May have an On-Site/In-House Review Desk Review and Phone Conference Internal review of all written documentation related to the grant agreement including, but not limited to the Grant Agreement: Quarterly Reports, enforcement data, financial data, e- mails, letters, notes, press releases, photographs, inventories, and other written correspondence. A phone conference call conducted during the course of the project which Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 8 includes the date and time of the call, the person(s) contacted, and the results. It serves as an informational review to determine progress of programmatic/financial activities. Both the designated project administrator and fiscal contact should be present, if possible, during the phone conference. If identified financial or operational problems are present, GOHS reserves the right to bring the grantee in for an in-house meeting at GOHS. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. In-House Review Documents performance review results including project activities, reimbursement claims review, equipment purchases, approvals, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Completed at GOHS in a meeting with appropriate operational and financial personnel. Monitoring form written by Project Coordinator, any findings, areas of improvement, concern, or recognition will be provided to the grantee. On-Site Monitoring Documents performance review results including project activities, reimbursement claims review, equipment purchases, and other information. Reviews applicable information related to the project(s) including, but not limited to the Grant agreement, Quarterly Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other written correspondence. Conducted on-site at the grantee’s Agency with monitoring form completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or recognition, will be provided to the grantee. On-site/In-house monitoring for grantees of designated projects with large Capital Outlay purchases, personnel services, and complex projects must be completed within the second or third quarter of the fiscal year. Granted projects displaying any problems may need on-site monitoring more than once during the fiscal year. On-site/In-house monitoring includes a review and discussion of all issues related to ensure the effective administration of the granted project. The following are the most important items to review:  Progress toward meeting goals/objectives and performance measures  Adherence to the grant agreement specifications, timely submission of complete and correct reports, including required documentation  Quarterly Reports  Status of expenditures related to the outlined budget  Accounting records and RCI's  Supporting documentation (training documentation, inventory sheets, photographs, press releases, etc.) In addition, the designated Agency will ensure that any equipment purchased will be available for inspection and is being used for the purpose for which it was bought under the outlined grant agreement. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 9 Documentation The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form in the Agency's respective Federal file. Findings will be discussed with the designated grant agreement representative (Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring information will additionally provide documentation for potential funding in subsequent fiscal year grant proposal review. PROJECT PERIOD: The project period shall commence on the date the GOHS Director signs the Highway Safety Grant Agreement and terminate on September 30th of that or subsequent year as indicated on the Highway Safety Grant Agreement. DURATION: Grants shall be effective on the date the Governor’s Office of Highway Safety Director signs the Grant Agreement and expire at the end of the project period. If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of Highway Safety a minimum of sixty days (60) prior to the end of the project period. The Agency shall address all requests to modify the Grant Agreement to the Director of the Governor’s Office of Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail. All requests for modification must bear the signature of the Project Director. Failure to comply may result in cancellation of the Grant Agreement. Any unexpended funds remaining at the termination of the Grant Agreement shall be released back to the Governor’s Office of Highway Safety. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 10 ESTIMATED COSTS: I. Personnel Services (overtime) $32,143.00 II. Employee Related Expenses (ERE) (40%) $12,857.00 III. Professional and Outside Services $0.00 IV. Travel In-State $0.00 V. Travel Out-of-State $0.00 VI. Materials and Supplies (Radar Units) $5,832.00 VII. Capital Outlay $0.00 TOTAL ESTIMATED COSTS *$50,832.00 *Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department shall absorb any and all expenditures in excess of $50,832.00. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 11 QUARTERLY ENFORCEMENT REPORT (Submitted to GOHS) Reporting Period DESCRIPTION GRANT ACTIVITY AGREEMENT AGENCY ACTIVITY Total Contacts (Traffic Stops) Total Sober Designated Drivers Contacted Total Know Your Limit Contacts TOTAL DUI ARRESTS Total DUI Aggravated Total DUI Misdemeanor Total DUI Extreme (.15 or Above) Under 21 DUI Citations Average BAC Distracted Driving Citations Total DUI Drug Arrests 30-Day Vehicle Impounds Seat Belt Citations Child Restraint Citations Criminal Speed Citations Reckless Driving Citations Civil Speed Citations Other Citations Other Arrests Participating Officer/Deputies (Cumulative) Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 12 CERTIFICATIONS AND AGREEMENTS This Grant Agreement, is made and entered into by and between the STATE OF ARIZONA, by and through the Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in this Grant Agreement, hereinafter referred to as "AGENCY". WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal funds to STATE for approved highway safety projects; and WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies, governments, or political subdivisions upon application and approval by STATE and the United States Department of Transportation (USDOT); and WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for approved highway safety projects; and WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects; NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following terms and conditions and the following Federal and State Statutes, Rules, and Regulations: I. Project Monitoring, Reports, and Inspections A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either on-site or by telephone, during the life of the Grant agreement. B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each report will be given in this Grant agreement or at any time thereafter by giving thirty (30) days written notice to AGENCY by ordinary mail at the address listed on the Grant agreement. Failure to comply with Quarterly Report requirements may result in withholding of Federal funds or termination of this Grant agreement. C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Grant agreement to include all financial, performance, and other reports required as a condition of the grant to STATE within thirty (30) days of the completion of the Grant agreement. D. Representatives authorized by STATE and the National Highway Traffic Safety Administration (NHTSA) will have the right to visit the site and inspect the work under this Contract whenever such representatives may determine such inspection is necessary. II. Reimbursement of Eligible Expenses A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form (RCI) to STATE each time there have been funds expended for which reimbursement is being requested. Failure to meet this requirement may be cause to terminate the project under Section XX herein, "Termination and Abandonment". Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 13 B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal funds have been claimed and reimbursement received, as may have been determined by a State or Federal audit. C. STATE will have the right to withhold any installments equal to the reimbursement received by AGENCY for prior installments which have been subsequently determined to be ineligible or unauthorized. III. Property Agreement A. AGENCY will immediately notify STATE if any equipment purchased under this Grant agreement ceases to be used in the manner as set forth by this Grant agreement. In such event, AGENCY further agrees to either give credit to the project cost or to another active highway safety project for the residual value of such equipment in an amount to be determined by STATE or to transfer or otherwise dispose of such equipment as directed by STATE. B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written approval of STATE, or unless otherwise provided elsewhere in this Grant agreement. C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased under this Grant agreement. D. AGENCY will incorporate any equipment purchased under this Grant agreement into its inventory records. E. AGENCY will insure any equipment purchased under this Grant agreement for the duration of its useful life. Self-insurance meets the requirements of this section. IV. Travel In-State and Out-of-State Travel In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations, provided that such regulations are as restrictive as those of STATE. Where they are less restrictive, ARS §38-624 will apply. The State must approve all out-of-state travel in writing and in advance. V. Standard of Performance AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to furnish pursuant to this Grant agreement. VI. Hold Harmless Agreement Neither party to this agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. However, if the common law or a statute provides for either a right to indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or both of these remedies is preserved. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 14 VII. Non-Assignment and Sub-Contracts This Grant agreement is not assignable nor may any portion of the work to be performed be subcontracted unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned or operated by other than AGENCY unless agreed to in writing by STATE. VIII. Work Products and Title to Commodities and Equipment A. The work product and results of the project are the property of STATE, unless otherwise specified elsewhere in this Grant agreement. All property, instruments, non-consumable materials, supplies, and the like, which are furnished or paid for by STATE under the terms of this Grant agreement, unless otherwise provided for elsewhere in this Grant agreement, are and remain the property of STATE and will be returned at the completion of this project upon request of STATE. The work product and results of the project will be furnished to STATE upon request, if no provision is otherwise made by this Grant agreement. B. The provisions of subparagraph A apply whether or not the project granted for herein is completed. IX. Copyrights and Patents Any copyrightable materials, patentable discovery, or invention produced in the course of this project may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be given the United States Government and STATE and its political subdivisions to use such copyrightable material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent. X. Uniform Administrative Requirements (2 CFR Part 1201): Uniform Administrative Requirements, Cost Prinicples, and Audit Requirements for Federal Awards: The application of 2 CFR Part 200 "Procurement Standards" Requires that: AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law. The most stringent purchasing requirement at each level must be met. The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2, Chapter 7) are a part of this Grant agreement as if fully set forth herein and AGENCY agrees to fully comply with these requirements for any procurement using grant monies from this Grant agreement. XI. Non-Discrimination During the performance of this contract/grant agreement, the contractor/grant recipient agrees— A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 15 B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein; C. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; D. That, in event a contractor/grant recipient fails to comply with any nondiscrimination provisions in this contract/grant agreement, the State highway safety agency will have the right to impose such contract/grant agreement sanctions as it or NHTSA determine are appropriate, including, but not limited to, withholding payments to the contractor/grant recipient under the contract/grant agreement until the contractor/grant recipient complies; and/or cancelling, terminating, or suspending a contract or grant agreement, in whole or in part; and E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program. XII. Executive Order 2009-09 It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order 2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors. Executive Order 2009-09 is located in Part II of the Project Director's Manual. XIII. Application of Hatch Act The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. XIV. Minority Business Enterprises (MBE) Policy and Obligation A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part 23, will have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Grant Agreement. Consequently, the minority business enterprises requirements of 49 CFR Part 23 apply to this Grant Agreement. B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds provided under this Grant Agreement. In this regard, all recipients or contractors will take all necessary and reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the award and performance of USDOT-assigned Grant Agreements. XV. Arbitration Clause, ARS §12-1518 Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable administrative reviews, to resolve disputes arising out of this agreement where the provisions of mandatory arbitration apply. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 16 XVI. Inspection and Audit, ARS §35-214 Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Agreement will be subject at all reasonable times to inspection and audit by STATE for five (5) years after completion of this Agreement. The records will be produced at the Governor’s Office of Highway Safety. XVII. Appropriation of Funds by U.S. Congress It is agreed that in no event will this Grant Agreement be binding on any party hereto unless and until such time as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project submitted herein and then only for the fiscal year for which such allocation is made. In the event no funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein for subsequent fiscal years, this Grant Agreement will be null and void, except as to that portion for which funds have then been appropriated or allocated to this project, and no right of action or damages will accrue to the benefit of the parties hereto as to that portion of the Contract or Grant Agreement that may so become null and void. XVIII. Continuation of Highway Safety Program It is the intention of AGENCY to continue the Highway Safety Program identified in this Grant Agreement once Federal funding is completed. This intended continuation will be based upon cost effectiveness and an evaluation by AGENCY of the program's impact on highway safety. XIX. E-Verify Both parties acknowledge that immigration laws require them to register and participate with the E- Verify Program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this State. Both parties warrant that they have registered with and participate with E-Verify. If either party later determines that the other non-compliant party has not complied with E-Verify, it will notify the non-compliant party by certified mail of the determination and of the right to appeal the determination. XX. Termination and Abandonment A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein, except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the project for which services have not been already performed by AGENCY. B. In the event STATE abandons the services or any part of the services as herein provided, STATE will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice, AGENCY will discontinue advancing the work under this Grant Agreement and proceed to close said operations under the Grant Agreement. C. The appraisal value of work performed by AGENCY to the date of such termination or abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final reimbursement made to AGENCY on the basis of costs incurred. Upon termination or abandonment, AGENCY will deliver to STATE all documents, completely or partially completed, together with all unused materials supplied by STATE. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 17 D. AGENCY may terminate or abandon this Grant Agreement upon thirty (30) days written notice to STATE, provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY will provide that costs can be incurred against the project up to and including sixty (60) days after notice is given to STATE. E. Any equipment or commodities which have been purchased as a part of this Grant Agreement and which have not been consumed or reached the end of its useful life will be returned to STATE upon its written request. XXI. Cancellation Statute All parties are hereby put on notice that this Contract/Grant Agreement is subject to cancellation pursuant to ARS §38-511, the provisions of which are stated below. In accordance with ARS §38-511, this Contract/Grant Agreement may be cancelled without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract/Grant Agreement on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time while the Contract/Grant Agreement or any extension of the Contract/Grant Agreement is in effect, an employee of any other party to the Contract/Grant Agreement in any capacity or a consultant to any other party of the Contract/Grant Agreement with respect to the subject matter or the Contract/Grant Agreement. The cancellation shall be effective when written notice from the Governor or Chief Executive Officer or governing body of the political subdivision is received by all other parties to the Contract/Grant Agreement unless the notice specifies a later time. AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE Acceptance of Condition It is understood and agreed by the undersigned that a grant received as a result of this Grant Agreement is subject to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all administrative regulations governing grants established by the USDOT and STATE. It is expressly agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety Program and that AGENCY will meet the requirements as set forth in the accompanying Project Director's Manual, which are incorporated herein and made a part of this Grant Agreement. All State and Federal Statutes, Rules, Regulations, and Circulars referenced in this Grant Agreement are a part of this document as if fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety Representative. Certificate of Compliance This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and Regulations identified in this Grant Agreement. Certification of Non-Duplication of Grant Funds Expenditure This is to certify that AGENCY has no ongoing nor completed projects under Grant Agreement with other Federal fund sources which duplicate or overlap any work contemplated or described in this Grant Agreement. It is further certified that any pending or proposed request for other Federal grant funds Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 18 which would duplicate or overlap work described in the Grant Agreement will be revised to exclude any such duplication of grant fund expenditures. It is understood that any such duplication of Federal funds expenditures subsequently determined by audit will be subject to recovery by STATE. Single Audit Act If your political subdivision has had an independent audit meeting the requirements of the Single Audit Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Finance Dept., within thirty (30) days of the effective date of this Grant Agreement. If such audit has not been performed, please advise when it is being scheduled. Buy America Act The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification to and approved by the Secretary of Transportation. Certification on Conflict of Interest General Requirements No employee, officer or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 19 No State or its subrecipient, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. Prohibition on Using Grant Funds to Check for Helmet Usage The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. Certification Regarding Debarment and Suspension A. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. C. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 20 addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. D. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. E. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. F. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. G. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled Instructions for Lower Tier Certification including the Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction, provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. H. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov). I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause of default. Certification Regarding Debarment, Suspension, and Other Responsibility Matter Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 21 A. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principal: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the prospective primary tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Certification A. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. B. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 22 debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. F. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions Website (https://www.sam.gov). H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 23 Restriction on State Lobbying None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. Certification for Contracts, Grant, Loans, and Cooperative Agreements (Federal Lobbying) The undersigned certifies, to the best of his or her knowledge and belief, that: A.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C.The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose accordingly. D.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Project Director: Kara Riley, Chief Oro Valley Police Department Signature of Authorized Official of Governmental Unit: Jeff Wilkins, Town Manager, Town of Oro Valley Date Telephone Date Telephone Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 24 REIMBURSEMENT INSTRUCTIONS 1.Agency Official preparing the Report of Costs Incurred: Name: Title: Telephone Number: Fax Number: E-mail Address: 2.Agency's Fiscal Contact: Name: Title: Telephone Number:Fax Number: E-mail Address: Federal Identification Number: 3.REIMBURSEMENT INFORMATION: Warrant/Check to be made payable to: Warrant/Check to be mailed to: (Agency) (Address) (City, State, Zip Code) 4.Unique Entity Identifier: (Unique Entity Identifier #) (Registered Address & Zip Code) Kara M. Riley Chief of Police 520-229-4900 520-229-4979 kriley@orovalleyaz.gov Catherine Hendrix Administrative Services Manager 520-229-4906 520-229-4979 chendrix@orovalleyaz.gov 86-0293039 Town of Oro Valley Town of Oro Valley Police Department 11000 N. La Canada Dr. Oro Valley, AZ 85737 098039373 11000 N. La Canada Dr. 85737 Oro Valley Police Department GOHS HIGHWAY SAFETY GRANT 2024-PTS-039 25 AUTHORITY & FUNDS 1.This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly Volume 102, and if State funds are involved, this project is authorized by ARS §28-602. The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402- PTS, as approved for by the National Highway Traffic Safety Administration. 2.A.EFFECTIVE DATE: B.FEDERAL FUNDS: Authorization to Proceed Date $50,832.00 3.AGREEMENT AND AUTHORIZATION TO PROCEED by State Official responsible to Governor for the administration of the State Highway Safety Agency J.M. “Jesse” Torrez, Chief Executive Officer Approval Date Governor's Office of Highway Safety Governor's Highway Safety Representative    Town Council Regular Session E. Meeting Date:11/01/2023   Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office SUBJECT: Resolution No. (R)23-43, authorizing and approving an Intergovernmental Agreement (IGA) between the Town of Oro Valley and the Arizona Department of Transportation (ADOT) for the design and construction of traffic signal modifications to the existing traffic signals at the intersections of Tangerine Road at 1st Avenue and at La Canada Drive RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The project under this IGA consists of the modification of existing traffic signals at the intersections of Tangerine Road at 1st Avenue, and Tangerine Road at La Canada Drive. The project includes the replacement of existing left-turn signal heads and traffic signal cabinets at each intersection to facilitate the operation of a flashing yellow left-turn arrow for all directions at both intersections. The total project cost is estimated at $569,455 and is fully funded by the Federal Highway Administration (FHWA) Highway Safety Improvement Program (HSIP). Since this project is funded federally, ADOT will assist the Town with implementation of the project (design, construction, and overall administration), in accordance with the requirements regarding the use of federal funds. The Town of Oro Valley's comments will be incorporated into the project. ADOT has selected Kimley-Horn as the design consultant and the scoping process started on October 19, 2023. Engineering staff anticipates the design to be complete at the end of 2024 and construction in the spring of 2025. A more defined schedule will be provided once the IGA between the Town and ADOT has been executed. BACKGROUND OR DETAILED INFORMATION: On February 17, 2023, ADOT notified the Town that traffic signal modifications at two intersections in Oro Valley were identified by a state oversight program that reviews network crash data in Arizona. ADOT determined that this project met all requirements and is consistent with the State's 2019 Strategic Highway Safety Plan. It supports the 'intersections' emphasis area of the program by implementing an 'infrastructure upgrade or improvement'.   On April 28, 2023, Pima Association of Governments (PAG) approved Amendment #2022.063 to include funding for the project. Since ADOT has initiated the Project Development Process, it agreed to administer the project, which was assigned a Federal ID No. of ORV-0(205)T and an ADOT Project No. of T0474. ADOT has selected Kimley-Horn as the design consultant. The scoping process started on October 19, 2023 and ADOT is anticipated to sign a contract and give notice to proceed by early January 2024.  The next steps will include a Design Concept Report, clearances for environmental, right-of-way (ROW) and utilities. The project is non-ground disturbing, so geotechnical, pavement, environmental, drainage, and landscaping are not applicable to the design process. The project is within existing Town ROW and has already been reviewed for traffic by the state oversight program. Detailed coordination with Town staff will be required during the design so that modifications are compatible with existing equipment at the intersection. Kimley-Horn has arranged for over-the shoulder review meetings to move the project through design without delays. The design phase is expected to be complete by late 2024 and the project will advertise for construction in early 2025. Construction on the project will be quick. Accounting for equipment lead times, the project is expected to be complete by the end of 2025. The Town will be responsible for community outreach and/or providing educational information on the operation of flashing yellow arrows for left-turns. Prior to the start of construction, the contractor shall provide message boards on all approaches at the intersections to notify drivers of the start of construction.  FISCAL IMPACT: There will be no financial impact on the Town. The project is federally funded by the Federal Highway Administration (FHWA) program for Highway Safety Improvements (HSIP). The total amount of funding available for the project is $569,455 in fiscal years 2024 and 2025. SUGGESTED MOTION: I MOVE to (Approve or Deny) Resolution No. (R)23-43, of the Mayor and Council of the Town of Oro Valley, Arizona, authorizing and approving an intergovernmental agreement between ADOT and the Town of Oro Valley to utilize federal funding for design and construction of traffic signal modifications at the intersections of Tangerine Road at La Canada Drive and Tangerine Road at 1st Avenue. Attachments (R)23-43 Resolution Intersection Modifications  IGA ADOT  Tip Amendment #2022.063  ADOT project Eligibility  RESOLUTION NO. (R)23-43 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 THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF MODIFICATIONS TO THE EXISTING TRAFFIC SIGNALS AT THE INTERSECTIONS OF TANGERINE ROAD AND 1ST AVENUE AND TANGERINE ROAD AND LA CANADA DRIVE; 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 State of Arizona is authorized by A.R.S. § 28-401 to enter into intergovernmental agreements for joint and cooperative action with the Town; and WHEREAS, the Town is authorized by A.R.S. § 11-952 to enter into intergovernmental agreements for joint and cooperative action with other public agencies; and WHEREAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, control and manage public roads within its jurisdictional boundaries; and WHEREAS, the Town desires to make modifications to the existing traffic signals at the intersections of Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive, including the installation of flashing yellow arrows and new traffic signal cabinets; and WHEREAS, the State, through its Department of Transportation (ADOT) can acquire federal funding, through the Federal Highway Administration, and act as the Town’s agent for the purposes making the modifications to the existing traffic signals at the intersections of Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive; and WHEREAS, it is in the best interest of the Town to enter into the Intergovernmental Agreement with the ADOT, attached hereto as Exhibit “A” and incorporated herein by this reference, to detail the responsibilities of the Town and ADOT for the funding and construction of the modifications to the existing traffic signals at the intersections of Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Intergovernmental Agreement (IGA), attached hereto as Exhibit “A” and incorporated herein by this reference, between the Town of Oro Valley and the Arizona Department of Transportation (ADOT) for the funding and construction of the modifications to the existing traffic signals at the intersections of Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive, is hereby approved. SECTION 2. The Town hereby designates ADOT to be its agent for the purposes of constructing the modifications to the existing traffic signals at the intersections of Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive. SECTION 3. 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. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the IGA, 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. SECTION 5. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 1st day of November, 2023. 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” Page 1 of 11 ADOT CAR No.: IGA 23-0009366-I AG Contract No.: P0012023001385 Project Location/Name: Tangerine Road & 1st Avenue, Tangerine Road & La Cañada Drive Type of Work: Systemic Flashing Yellow Arrows Federal-aid No.: ORV-0(205)T ADOT Project No.: T047401D/03D/01C TIP/STIP No.: ELY22.23 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: HSIP INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF ORO VALLEY THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the TOWN OF ORO VALLEY, acting by and through its MAYOR and TOWN COUNCIL (the “Town” or “Local Agency”). The State and the Local Agency are each individually referred to as a “Party” and are collectively referred to as the “Parties.” I. RECITALS 1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Local Agency is empowered by A.R.S. § 9-240 to enter into this Agreement and has by resolution, if required, a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Local Agency. 3. The work proposed under this Agreement consists of the modification of existing traffic signals at the intersections of Tangerine Road at 1st Avenue and Tangerine Road at La Cañada Drive, (the “Project”). The Project includes the installation of flashing yellow arrows and new traffic signal cabinets. The Project cost, shown in Exhibit A, is estimated at $569,455.00, of federal aid. The State will administer the design and advertise, bid and award, and administer the construction of the Project. 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the Local Agency and authorization of such federal funds for the Project pursuant IGA 23-0009366-I Page 2 of 11 to federal law and regulations. The State shall be the designated agent for the Local Agency for the Project, if the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. 5. The foregoing Recitals and Exhibit A shall be incorporated into this Agreement. In consideration of the mutual terms expressed herein, the Parties agree as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be completed, accepted, and paid for in accordance with the requirements of the Project plans and specifications. b. The final cost estimate may exceed the initial estimate identified in Exhibit A, and in such case, the Local Agency is responsible for and agrees to pay, the difference prior to bid advertisement. c. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and in such case, the Local Agency is responsible for, and agrees to pay, any and all actual costs exceeding the initial estimate. If the final Project amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project and returned to the State. The Local Agency acknowledges it remains responsible for actual costs and agrees to pay according to the terms of this Agreement. d. The Local Agency and ADOT will each separately file a Notice of Intent (NOI) under the Construction General Permit (CGP) with the Arizona Department of Environmental Quality (ADEQ) before construction begins, if applicable to the Project. 2. The State will: a. Execute this Agreement, and if the Project is approved by FHWA and funds for the Project are available, be the Local Agency’s designated agent for the Project. b. If Project Development Administration (“PDA”) or design costs exceed the estimate during the development of design, notify the Local Agency, obtain concurrence prior to continuing with the development of design, and invoice as determined by ADOT and the Local Agency for additional PDA costs to complete the design the Project. If design costs exceed the estimate prior to completion of design, invoice the Local Agency for Project costs exceeding design. After the Project costs are finalized invoice or reimburse the Local Agency for the difference between actual costs and the amount the Local Agency has paid for PDA and design. c. Submit all required documentation pertaining to the Project to FHWA with the recommendation that the maximum federal funds programmed for this Project be IGA 23-0009366-I Page 3 of 11 approved for scoping/design. After receipt of FHWA authorization, proceed to advertise for and enter into contract(s) with the consultant(s) for the design and post-design of the Project. Should costs exceed the maximum federal funds available it is understood and agreed that the Local Agency will be responsible for any overage. d. Prepare and provide all documents pertaining to the design and post-design of the Project, incorporating comments from the Local Agency, as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of, but are not limited to, preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right of way related oversight and stewardship activities; preparation of reports, design plans, maps, specifications and cost estimates and other related tasks essential to the design development of the Project. e. After completion of design and receipt of actual PDA costs and the difference between the final and initial construction cost estimates, if applicable, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available, it is understood and agreed that the Local Agency will be responsible for any overage. f. After receipt of FHWA authorization, proceed to advertise for, receive and open bids, award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate, obtain Local Agency concurrence and invoice the Local Agency for the difference between the construction cost estimate and the bid amount prior to awarding the contract. g. Notify the Local Agency of completion and final acceptance of the Project. At such time, file a Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the Local Agency, and provide a copy to the Local Agency indicating that the State’s maintenance responsibility of the Project is terminated, as applicable. h. Notify the Local Agency of completion and final acceptance of the Project; coordinate with the Local Agency and turn over full responsibility of the Project improvements. i. Not be obligated to maintain the Project, should the Local Agency fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The Local Agency will: a. Designate the State as the Local Agency authorized agent for the Project. b. Agree to be responsible for actual PDA and design costs, if during the development of design, such costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and design costs of the Project within 30 days of receipt of an invoice. c. Review design plans, specifications, cost estimates and other such documents required for the construction bidding and construction of the Project, including scoping/design IGA 23-0009366-I Page 4 of 11 plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. d. After completion of design, within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding PDA, design costs, and the difference between the final and initial construction cost estimates, as may be applicable. Be responsible for and pay the difference between the estimated construction cost and Project bid amount prior to award. After Project completion, be responsible for and pay any outstanding Project costs, within 30 days of receipt of an invoice. e. Be responsible for all costs not covered by federal funding that are incurred in performing and accomplishing the work as set forth under this Agreement. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the Local Agency is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. f. Certify that all necessary rights of way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right of way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State’s Right of Way personnel during any right of way process performed by the Local Agency, if applicable. g. As applicable, the Local Agency shall certify that it has adequate resources to discharge the Local Agency’s real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that it will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201). Additionally the Local Agency shall certify that all real estate related activities requiring licensure are performed by licensed individuals as defined by the Arizona Department of Real Estate (A.R.S. §§ 32-2121 & 32-2122). h. Not permit or allow any encroachments on or private use of the right of way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the Local Agency shall take all necessary steps to remove or prevent any such encroachment or use. Provide a copy of encroachment permits issued within the Project limits to the State. i. Automatically grant to the State, by execution of this Agreement, its agents and/or contractors, without cost, the temporary right to enter the Local Agency’s rights of way, as required, to conduct any and all construction and preconstruction related activities for the Project, on, to and over said Local Agency’s rights of way. This temporary right will expire with completion of the Project. IGA 23-0009366-I Page 5 of 11 j. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights; approve a location within the final right of way to re-establish the prior right location for those utilities with prior rights. k. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any Local Agency requested changes to the scope of work of the Project, such changes will require State and FHWA approval. Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the Local Agency. Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. l. After notification of final acceptance by the State, assume and maintain full responsibility of the Project, including Storm Water Pollution Prevention Plans (SWPPP) inspections, maintenance, and required documentation, until final stabilization is reached. Provide the NOI number to the State and the Contractor, accept CGP responsibilities at time of transfer, and file an NOT with ADEQ when final stabilization is reached, as applicable. m. After completion and final acceptance of the Project, agree to maintain and assume full responsibility of the Project and all Project components. III. MISCELLANEOUS PROVISIONS 1. Effective Date. This Agreement shall become effective upon signing and dating of all Parties. 2. Amendments. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. Duration. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any and all obligations of maintenance hereunder shall remain perpetual and shall survive any termination hereof and the assignment or assumption of this Agreement or the Project by another competent jurisdiction or entity. 4. Cancellation. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract, so long as the cancelling Party provides at least 30 days’ prior written notice to the other Party. It is understood and agreed that, in the event the Local Agency terminates this Agreement, the Local Agency shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the Local Agency terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 5. Indemnification. The Local Agency shall indemnify, defend, and hold harmless the State, any of its departments, agencies, boards, commissions, officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused IGA 23-0009366-I Page 6 of 11 by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Local Agency, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Local Agency’s obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the Local Agency which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The Local Agency’s obligations under this paragraph shall survive the termination of this Agreement. 6. Third-Party Indemnification. The State shall include Section 107.13 of the 2021 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, incorporated into this Agreement by reference, in the State’s contract with any and all contractors, of which the Local Agency shall be specifically named as a third-party beneficiary. This provision may not be amended without the approval of the Local Agency. 7. Programmed Federal Funds. The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project, up to the maximum available. The Local Agency acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds. Therefore, the Local Agency agrees to pay the difference between actual costs of the Project and the federal funds received. 8. Termination of Federal Funding. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. Indirect Costs. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as applicable. 10. Federal Funding Accountability and Transparency Act. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the “Act”). Additionally, in a timely manner, the Local Agency will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 11. Governing Law. This Agreement shall be governed by and construed in accordance with Arizona laws. 12. Conflicts of Interest. This Agreement may be cancelled in accordance with A.R.S. § 38-511. 13. Inspection and Audit. The Local Agency shall retain all books, accounts, reports, files and other records relating to this Agreement which shall be subject at all reasonable times to inspection and audit by the State for five years after completion of the Project. Such records shall be produced by the Local Agency, electronically or at the State office as set forth in this Agreement, at the request of ADOT. IGA 23-0009366-I Page 7 of 11 14. Title VI. The Local Agency acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 15. Non-Discrimination. This Agreement 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. The Parties to this Agreement shall comply with Executive Order Number 2009-09, as amended by Executive Order 2023-01, issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.” 16. Non-Availability of Funds. Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 17. Arbitration. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 18. E-Verify. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 19. Contractor Certifications. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §§ 35-393.01 and 35-394. 20. Other Applicable Laws. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 21. Notices. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Group 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov For Project Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov Town of Oro Valley Attn: Cheryl A. Huelle, P.E. 11000 N. La Cañada Drive Oro Valley, AZ 85737 520.229.4873 chuelle@orovalleyaz.gov Town of Oro Valley Attn: Cheryl A. Huelle, P.E. 11000 N. La Cañada Drive Oro Valley, AZ 85737 520.229.4873 chuelle@orovalleyaz.gov IGA 23-0009366-I Page 8 of 11 For Financial Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov Town of Oro Valley Attn: David Gephart 11000 N. La Cañada Drive Oro Valley, AZ 85737 520.229.4873 dgephart@orovalleyaz.gov 22. Revisions to Contacts. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 23. Legal Counsel Approval. In accordance with A.R.S. § 11-952 (D), the written determination of each Party’s legal counsel providing that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form is set forth below. 24. Electronic Signatures. This Agreement may be signed in an electronic format using DocuSign. Remainder of this page is intentionally left blank (Signatures begin on the next page) IGA 23-0009366-I Page 9 of 11 IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective upon the full completion of signing and dating by all Parties to this Agreement. TOWN OF ORO VALLEY By _________________________________________________ Date________________ JOSEPH C. WINFIELD Mayor ATTEST: By _________________________________________________ Date________________ MICHAEL STANDISH Town Clerk I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the Town of Oro Valley, an agreement among public agencies which, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 9-240 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. Approved as to Form: By _________________________________________________ Date________________ TOBIN SIDLES Legal Services Director IGA 23-0009366-I Page 10 of 11 ARIZONA DEPARTMENT OF TRANSPORTATION By _________________________________________________ Date________________ STEVE BOSCHEN, PE Division Director, Infrastructure and Operations Division By _________________________________________________ Date________________ BRENT A. CAIN, PE Division Director, Transportation Systems Management and Operations Division A.G. Contract No. P0012023001385 (ADOT IGA 23-0009366-I), an Agreement between public agencies, the State of Arizona and the Town of Oro Valley, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and A.R.S. § 28-401, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. By _________________________________________________ Date________________ Assistant Attorney General IGA 23-0009366-I Page 11 of 11 EXHIBIT A Cost Estimate T047401D/03D/01C The Project costs are estimated as follows: ADOT Project Development Administration (PDA) Cost Federal-aid funds @ 100% $ 30,000.00 Scoping/Design: Federal-aid funds @ 100% $ 231,050.00 Construction:* Federal-aid funds @ 100% $ 308,405.00 Estimated TOTAL Project Cost $ 569,455.00 * (Includes 15% construction engineering (CE) and administration cost (this percentage is subject to change, any change will require concurrence from the Local Agency) and 5% Project contingencies) 1 E Broadway Blvd., Suite 401 | Tucson, AZ 85701 | (520) 792-1093 | PAGregion.com | info@PAGregion.com April 28, 2023 Mr. Mark Hoffman Arizona Department of Transportation 206 S. 17th Ave. – Mail Drop 310B Phoenix, AZ 85007-3213 RE: Administrative Amendment #2022.063 Dear Mr. Hoffman: Attached is a copy of Administrative Amendment #2022.063 to the Pima Association of Governments (PAG) FY 2022-2026 Transportation Improvement Program (TIP). This amendment contains the following: •The programming of a Highway Safety Improvement Program (HSIP) funding award. I have reviewed the amendment, and I concur that it meets established policies for administrative amendments on behalf of PAG. Copies of the administrative amendment will be emailed to ADOT staff in our TIP stakeholders distribution list. Please feel free to make additional copies for any other ADOT staff that may need this information. Thank you for your assistance. Sincerely, Farhad Moghimi Executive Director Enclosure cc: PAG TIP Stakeholders Carolyn Laurie, PAG Programming Manager ITEM A 22.23 Systemic Flashing Yellow Arrows HSIP Tangerine Road & 1st Ave, Tangerine Road & La Canada Dr Existing Approval New $0 Undetermined 103639 Safety updates & the installation of flashing yellow arrows 22.23 Systemic Flashing Yellow Arrows HSIP Proposed Request Tangerine Road & 1st Ave, Tangerine Road & La Canada Dr Safety updates & the installation of flashing yellow arrows. Undetermined $570 Active D262 HURF126 262 TOTAL C309 HURF26 309 TOTAL SPONSOR: Oro Valley ACTION: Programming of a new Highway Safety Improvement Program (HSIP) funding award. Pima Association of Governments 2022-2026 TIP Projects TIP Amendment #2022.063 Approved 05/01/2023 TIP ID Sponsor ID State ID Fed ID RTA ID Length Exist Lanes After Lanes STREET/PROJECT NAME DESCRIPTION LOCATION AQ STATUS TIP STATUS (000's) COST PROJECT TOTAL PROPOSED FUNDING (IN THOUSANDS OF DOLLARS) FISCAL YEAR 2022 2023 2024 2025 2026 Pima Association of Governments 2022-2026 TIP Projects 5/1/2023 10:59:09 AM Page 1 of 1 Our True North: Safely Home ARIZONA DEPARTMENT OF TRANSPORTATION 1801 W. Jefferson St., Suite 120, MD102M | Phoenix, AZ 85007 | azdot.gov Transportation Systems Management and Operations Katie Hobbs, Governor Jennifer Toth, Director Greg Byres, Deputy Director for Transportation Brent Cain, Division Director February 17, 2023 Ms. Cheryl Huelle, P.E. Sr. Civil Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Highway Safety Improvement Program (HSIP) Town of Oro Valley - Systemic Flashing Yellow Arrows ADOT Project No. : TBD Federal Project No.: TBD COG/MPO: PAG COG/MPO TIP No.: TBD Southcentral District, Pima County Dear Ms. Huelle: In accordance with the Stewardship and Oversight Agreement on Project Assumption and Program Oversight by and between Federal Highway Administration, Arizona Division and the Arizona Department of Transportation, dated April 9, 2015, Attachment A, page A-1, the Arizona Department of Transportation, Traffic Safety Section (TSS) has determined that the Town of Oro Valley’s request to utilize HSIP funds for a safety countermeasure (project) to install safety improvements as outlined below is eligible for the Highway Safety Improvement Program (HSIP) funding. The safety improvements include the installation of flashing yellow arrows at two intersections: Tangerine Road and 1st Avenue and Tangerine Road and La Canada Drive. All work will be performed by contract and ground disturbing activities are not anticipated. No utility relocations are anticipated. ADOT has determined that, in accordance with 23 USC 148(a)(4))(A), this project is consistent with the State's 2019 Strategic Highway Safety Plan. It supports the “Intersections” emphasis area by implementing the “infrastructure upgrade or improvement” strategy. During a 5-year period ending December 31, 2021, the Town of Oro Valley experienced two fatal crashes and one suspected serious injury crash at these two intersections. With the CRF of 37% obtained from Page 2 of 4 HSIP Town of Oro Valley - Systemic Flashing Yellow Arrows ARIZONA DEPARTMENT OF TRANSPORTATION 1801 W. Jefferson St., Suite 120, MD102M | Phoenix, AZ 85007 | azdot.gov the CMF Clearinghouse, the Town of Oro Valley could see a 5-year reduction of 0.74 fatal and 0.37 suspected serious injury crashes at these two intersections. Based on the above CRF, a B/C ratio of 16.9 was calculated. The funding for this project is established under the ADOT HSIP and is eligible to be funded at 100% HSIP federal funds and 0.0% local match as described in Code of Federal Register 23 CFR Part 924 (Ref: Highway Safety Improvement Program [HSIP], Arizona Department of Transportation [ADOT], Transportation Systems Management and Operations, Traffic Safety Section, February 2022; 1.1.4 Funding, Federal Share). The Town of Oro Valley anticipates the total design/construction cost of this countermeasure at $569,455.00 (Enclosure 1) as shown below. Anticipated Costs: Anticipated Design/ADOT Admin – FY24 Anticipated Construction – FY25 HSIP (100%) $ 261,050.00 HSIP (100%) $ 308,405.00 Local Match (0%) $ 0.00 Local Match (0%) $ 0.00 Total $ 261,050.00 Total $ 308,405.00 Please note that eligibility does not give the Town of Oro Valley authorization to begin work. A JPA will need to be completed between the Town of Oro Valley and ADOT prior to Federal authorization being requested. All ADOT clearances will need to be completed. Any work performed prior to federal authorization is not eligible for reimbursement. The following will require a revised HSIP eligibility letter prior to ADOT finance requesting Federal authorization: 1. The project scope of work or the limits of the project change. A request for a new eligibility letter will need to be submitted outlining the changes and justification. 2. Anticipated cost estimate exceeds the above approved HSIP eligibility. a) A request for a new eligibility letter will need to be submitted outlining all increased costs, justification, source of additional funds and revised total anticipated cost, if the total anticipated cost exceeds 20% of the above amount. b) For anticipated cost increase less than 20% of the above amount, the HSIP Program Manager can be advised of the increased cost, justification and funding source by email. Federal authorization cannot be requested until after the Program Manager has notified FHWA of the approved increase by email. Page 3 of 4 HSIP Town of Oro Valley - Systemic Flashing Yellow Arrows ARIZONA DEPARTMENT OF TRANSPORTATION 1801 W. Jefferson St., Suite 120, MD102M | Phoenix, AZ 85007 | azdot.gov Design and construction estimates submitted and prepared by the Town of Oro Valley verifying the unit prices and quantities are the responsibility of the Town of Oro Valley and any design or construction costs exceeding the above amounts must come from funding sources other than HSIP. Per 23 USC 148 (c)(2)(F)(i) the agency is required to establish and maintain a data inventory of before and after crashes for this safety improvement project in order for an analysis and evaluation to be carried out by ADOT. Please ensure that this project is in the TIP for the correct funding amount, the correct FY and that design and construction are broken out as separate line items (if applicable). Upon receipt of this letter, if you have not already started, you should immediately submit your Project Initiation Packet to ADOT LPA Section. The goal is to have a signed JPA in place before July 1, 2023. If you have any questions regarding this request, please call me at 602-712-7374. Thank you. Sincerely, Mona Aglan-Swick, P.E. Safety Programs Manager ADOT-Traffic Safety Section LTT Encl: Cost Estimate B/C Ratio Location & Work Limits Maps - Tangerine Road and 1st Avenue Location & Work Limits Maps - Tangerine Road and La Canada Drive. Cc: FHWA, Arizona Division Office, ATTN: Eunice Chan ADOT, Project Management Group, ATTN: Steve O’Brien, P.E. ADOT, Finance, ATTN: Elise Maza ADOT, Local Public Agency Section, ATTN: Bret Anderson ADOT, Local Public Agency Section, ATTN: Mark Henige ADOT, Southcentral District, ATTN: Rod Lane, P.E. ADOT, TSMO, Regional Traffic Engineer, ATTN: Jay Gomes, P.E. ADOT, TSMO, Assistant State Engineer, ATTN: George Williams, P.E., PTOE, PTP ADOT, TSMO, Special Projects, ATTN: Adam Carreon, P.E., PTOE Page 4 of 4 HSIP Town of Oro Valley - Systemic Flashing Yellow Arrows ARIZONA DEPARTMENT OF TRANSPORTATION 1801 W. Jefferson St., Suite 120, MD102M | Phoenix, AZ 85007 | azdot.gov ADOT, TSMO, State Traffic Safety Engineer, ATTN: Kerry Wilcoxon, P.E, PTOE, RSP1 ADOT, Multimodal Planning Division, ATTN: Mark Hoffman PAG, ATTN: Gabe Thumb    Town Council Regular Session Meeting Date:11/01/2023   Requested by: Paul Melcher  Submitted By:Paul Melcher, Community and Economic Development Department:Community and Economic Development SUBJECT:  * 1  2.       RESOLUTION NO. (R)23-42, DISCUSSION AND POSSIBLE ACTION REGARDING TOWN OF ORO                 VALLEY SPONSORSHIP POLICIES FOR COMMUNITY EVENTS AND TOURISM EVENTS AND                 DELEGATIONS OF AUTHORITY THAT ALLOW THE TOWN MANAGER TO SIGN SPONSORSHIP                 AGREEMENTS RECOMMENDATION: Staff recommends approval as presented or amended by Town Council. EXECUTIVE SUMMARY: Note: The CED Director included the following text in Section 5 of both agreements to ensure that it is clear the Town Manager has authority to sign sponsorship agreements: The Town Manager shall have the authority to enter into approved sponsorship agreements on behalf of the Town. This is the only change in the draft sponsorship policies Town Council reviewed during the Study Session on October 18, 2023. The Community and Economic Development Department began administering the Town's special events process and tourism initiatives in December 2022. Since that time, questions have arisen regarding Town policy related to sponsorship of tourism-related and community special events. Staff has broken down special events into two categories: Community Events and Tourism Events. Community events are those that focus more on local festivals, or special events that play an important role in promoting the Town’s brand as a unique, safe, culturally diverse, and charitable community. In contrast, Tourism Events are those produced events, local festivals, or special events that propose a well-defined, tourism-related economic impact and play an important role in promoting the Town’s tourism and economic development objectives. Prior to December 2022, the Town did not have a defined policy regarding sponsorship of any special events, and the Town Manager signed sponsorship agreements such as one for the Tucson Bicycle Classic and the Community and Economic Development Director signed the sponsorship agreement for the Tucson Audubon Festival in August 2022 via implied authorities via the annual budget and allocation of sponsorship funding. Thus, Community and Economic Development Department staff began developing policies to address each type of event sponsorship. The Community Event Sponsorship Policy requirements place an emphasis on branding while the Tourism Event Sponsorship Policy places an emphasis on the estimated economic impact of an event and branding of the Town as a unique visitor destination. BACKGROUND OR DETAILED INFORMATION: In addition to the policy requirements, the Community and Economic Development Department has allocated In addition to the policy requirements, the Community and Economic Development Department has allocated $30,000 to sponsor tourism-related events and $10,000 to sponsor community events via the Town's Annual Budget. Community event sponsorships are capped at $2,500 per year for three years with the intent of establishing a qualifying event so that it can function on its own. There is not a cap on tourism-related sponsorships. Current sponsorships include the American Legion annual events at the El Conquistador and the Tucson Audubon Partnership. Future opportunities include sponsorship of the OV Triathlon, Off the Vine, and and Extension of the Tucson Bicycle Classic. Current community event sponsorships include Rockin4Heroes and the Veterans Memorial Run.  FISCAL IMPACT: Not applicable. SUGGESTED MOTION: I MOVE to (Approve or Deny) Resolution No. (R)23-42, approving the Community Event and Tourism Sponsorship Policies and delegate authority to the Town Manager to sign sponsorship agreements. Attachments (R)23-42 Sponsorship Resolution  Tourism Sponsorship Policy  Community Event Sponsorship Policy  RESOLUTION NO. (R)23-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, TO ADOPT A SPONSORSHIP POLICY AND DELEGATE AUTHORITY TO THE TOWN MANAGER TO ENTER INTO AND SIGN SPONSORSHIP AGREEMENTS ON BEHALF OF THE TOWN; 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, pursuant to A.R.S. § 9-500.11, the Town of Oro Valley is authorized to appropriate and spend public monies for and in connection with economic development activities; and WHEREAS, the Town does not currently have a policy in place setting forth the guidelines and criteria for the Town to use public monies to sponsor events to promote tourism within the Town of Oro Valley; and WHEREAS, it is in the best interest of the Town of Oro Valley to adopt the Tourism Sponsorship Policy, attached hereto as Exhibit “A”, to set forth the guidelines and criteria for the Town to use public monies to sponsor events to promote tourism within the Town of Oro Valley and to allow the Town Manager to sign sponsorship agreements on behalf of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Town of Oro Valley, Arizona, that: SECTION 1. The Tourism Sponsorship Policy, attached hereto as Exhibit “A”, and incorporated herein by this reference, is hereby adopted. SECTION 2. The Town manager is hereby authorized to enter into and sign sponsorship agreements on behalf of the Town. SECTION 3. 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. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or the IGA, 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. SECTION 5. 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. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 1st day of November, 2023. 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” Page | 1 GENERAL REQUIRMENTS, ELIGIBILITY CRITERIA AND CONDITIONS TOURISM SPONSORSHIP POLICY Community and Economic Development Director | Town of Oro Valley 11000 N. La Cañada Dr | Oro Valley, AZ 85737 Phone: 520-229-4846| Fax: 520-780-1022 Page | 2 Section One: PURPOSE OF THE TOURISM SPONSORSHIP POLICY The purpose of the Town of Oro Valley Tourism Sponsorship Policy is to set forth guidelines and criteria governing the grant of Town of Oro Valley financial support, in-kind services, or fee concessions for venues in support or sponsorship of produced events, local festivals, or special events that propose a well-defined, tourism-related economic impact. The Town recognizes that sponsorships play an important role in promoting the Town’s tourism and economic development objectives. The Tourism Sponsorship Policy does not apply to sponsorship activities initiated by the Town for strategic marketing purposes to promote increased booked room stays or business attraction, expansion, and retention initiatives. Section Two: GENERAL REQUIRMENTS, ELIGIBILITY CRITERIA AND CONDITIONS Not all sponsorship requests are funded. The number of events that the Town sponsors will vary annually based on Town tourism, arts and culture, and economic development strategic objectives and funding availability. Thus, the Town will evaluate each sponsorship request based upon available funds, satisfaction of eligibility criteria, compliance with the requirements set forth below, and the Sponsorship Application Scoring Assessment Matrix in Section Four. All sponsorship approvals will result in an agreement between the Town and the applicant detailing the terms and conditions associated with the approval. Applicants for special events sponsorships must meet all the following requirements, eligibility criteria, and conditions: Pre- and Post-Application Requirements and Considerations: 1. Applicants requesting event sponsorships shall use the Town’s Tourism Sponsorship form to do so. The Town will not accept incomplete applications for review and will return them to the applicant. The Town may require additional information, as necessary, to ensure application completeness. Applications must be submitted a minimum of 180 days prior to the event date unless otherwise approved by the Community and Economic Development Director. 2. The event must take place within Oro Valley town limits with limited exceptions. Reason(s) for not holding the proposed event or promotion in the Town of Oro Valley must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activities within the Town of Oro Valley. 3. The applicant must also submit a Special Events Application/Agreement along with the Tourism sponsorship request application. 4. Tourism sponsorship applications are limited to one per year per taxpayer identification number. 5. Applicants should be aware that they may not receive the full amount of the sponsorship requested. 6. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the Town will appro ve sponsorship for the same event or organization in subsequent years unless so determined through an agreement providing for multi-year funding. 7. Event producers must provide the Community and Economic Development Department an official Post- Event Evaluation form as provided by the Town within forty-five (45) days following the conclusion of a Page | 3 sponsored event. Failure to submit the form within this timeframe may result in the rejection of future sponsorship requests. 8. The applicant agrees to use the Town’s sponsorship funds exclusively for the event represented in the application. Said funds shall not be designated for salaries or salary reimbursements or entity budget or operations subsidies. 9. The recipient of sponsorship funds or in-kind services shall provide the Town recognition as a sponsor in exchange for the funds or in-kind services in a method consistent or commensurate with other sponsors of the same financial support level. In no event shall the recognition for the Town’s funds or in-kind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support. 10. The applicant must be ready, willing, and able to enter a contractual agreement for sponsorship with the Town and provide a certificate of liability insurance or proof of self-insurance, if applicable. 11. Failure to hold event as depicted in application will result in nonpayment and/or forfeiture of sponsorship funds. 12. Sponsorship recipients will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act and other laws as applicable. Estimated Economic Impact Requirements: 1. Applications requesting an event sponsorship for qualifying events are reviewed and approved/denied by the Community and Economic Development Director in consultation with impacted Town Departments , with approval based upon the following factors related to the event: a) The event alignment with the Town of Oro Valley Strategic Plan, Comprehensive Economic Development Plan strategies, and Tourism initiatives, and the Town’s marketing and branding strategies, as defined in Section Four. b) Town staff will validate the estimated economic impact analysis to verify applicant estimates. The formula used to compute the value of visitor spend to create the estimated economic impact analysis must include the following: 1. Event days 2. Estimated Total Participants based on historic attendance or tickets sold data 3. Estimated number of participants from outside metro-Tucson region based on historic attendance or tickets sold data 4. Estimated room nights of out-of-region participants 5. Value of the daily rate of the booked room nights 6. Estimated value of materials purchased, equipment rented, or staff hired from sources in Oro Valley. Page | 4 Section Three: INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS The Town of Oro Valley WILL NOT award funding for or to: 1. An activity, program, project, or service that promotes a political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities. 2. An organization, activity, program, project, or service that is discriminatory. 3. A private individual for his/her own use or to donate to another private group or individual. 4. A political, politically affiliated, or political action committee or organization. 5. Outside agency funded organizations receiving funds concurrently (during the same fiscal year). Section Four: ASSESSMENT CRITERIA The Community and Economic Development Department will score sponsorship applications based on the criteria below. Sponsorship Application Scoring Matrix Criteria Consideration Max Score Innovation The ability of the event to activate public spaces, attract/expand new audiences, and/or extend the normal peak tourism or special events season 10 Economic Impact The degree to which the event provides a measurable economic benefit to the Town per the verified EEI and supports local business. Scoring Ratio: Sponsorship vs. EEI 1:1 Ratio to 2:1 Ratio 1-5 points 3:1 Ratio to 5:1 Ratio 6-10 points 6:1 to 9:1 Ratio 11-20 points 10:1 Ratio and above 21-40 points 40 Quality of Life The degree to which the event assists in the development of a strong and resilient community and increases participation in town life for people of all ages, cultures, and means 5 Branding The extent to which the event proposes to raise awareness of, or increases the profile of, Oro Valley as a tourist destination 30 Event Viability The degree to which the event and/or organization is scalable and sustainable with or without Town sponsorship 15 Page | 5 Section Five: APPLICATION REVIEW and APPROVAL Community and Economic Development Department staff will review applications for completeness and verify that eligibility criteria have been met. When deemed necessary, staff will present sponsorship requests to the Town Manager prior to sponsorship approval. Denial sponsorship request by the Community and Economic Development Director is appealable to the Town Manager. Denial of sponsorship requests by the Town Manager are final. There is no further appeal. The Town Manager shall have the authority to enter into approved sponsorship agreements on behalf of the Town. Total /100 Page | 1 GENERAL REQUIRMENTS, ELIGIBILITY CRITERIA AND CONDITIONS COMMUNITY EVENT SPONSORSHIP POLICY Community and Economic Development Director | Town of Oro Valley 11000 N. La Cañada Dr | Oro Valley, AZ 85737 Phone: 520-229-4846| Fax: 520-780-1022 Page | 2 Section One: PURPOSE OF THE COMMUNITY EVENT SPONSORSHIP POLICY The purpose of the Town of Oro Valley Community Event Sponsorship Policy is to set forth guidelines and criteria governing the grant of Town of Oro Valley financial support, in-kind services, or fee concessions for venues in support or sponsorship of produced events, local festivals, or special events. The Town recognizes that sponsorships play an important role in promoting events that enhance the Town’s reputation as a unique, safe, culturally diverse, and supportive community. To that end, the Town is desirous of supporting new community events pursuant to the criteria is Section Two. Thus, Town sponsorship is intended to provide initial assistance for qualifying groups while the event gains momentum and can function without Town sponsorship. Section Two: GENERAL REQUIRMENTS, ELIGIBILITY CRITERIA AND CONDITIONS Not all sponsorship requests are funded. The number of events that the Town sponsors will vary annually based on Town tourism, arts and culture, and economic development strategic objectives and funding availability. Thus, the Town will evaluate each sponsorship request based upon available funds, satisfaction of eligibility criteria, compliance with the requirements set forth below, and the Sponsorship Application Scoring Assessment Matrix in Section Four. All sponsorship approvals will result in an agreement between the Town and the applicant detailing the terms and conditions associated with the approval. The maximum amount that any one event might receive is capped at $2,500 for three (3) consecutive years. Applicants for Community Event sponsorships must meet all the following requirements, eligibility criteria, and conditions: Pre- and Post-Application Requirements and Considerations: 1. Applicants requesting event sponsorships shall use the Town’s Community Event sponsorship form to do so. The Town will not accept incomplete applications for review and will return them to the applicant. The Town may require additional information, as necessary, to ensure application completeness. Applications must be submitted a minimum of 180 days prior to the event date unless otherwise approved by the Community and Economic Development Director . 2. The event must take place within Oro Valley town limits with limited exceptions. Reason(s) for not holding the proposed event or promotion in the Town of Oro Valley must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activities within the Town of Oro Valley. 3. The applicant must also submit a Special Events Application/Agreement along with this sponsorship request application. 4. Event sponsorship applications are limited to one per year per taxpayer identification number. 5. Applicants should be aware that they may not receive the full amount of the sponsorship requested. 6. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the Town will approve Page | 3 sponsorship for the same event or organization in subsequent years unless so determined through an agreement providing for multi-year funding. 7. Event producers must provide the Community and Economic Development Department an official Post- Event Evaluation form as provided by the Town within forty -five (45) days following the conclusion of a sponsored event. Failure to submit the form within this timeframe may result in the rejection of future sponsorship requests. 8. The applicant agrees to use the Town’s sponsorship funds exclusively for the event and purpose represented in the application. Said funds shall not be designated for salaries or salary reimbursements or entity budget or operations subsidies. 9. The recipient of sponsorship funds or in-kind services shall provide the Town recognition as a sponsor in exchange for the funds or in-kind services in a method consistent or commensurate with other sponsors of the same financial support level. In no event shall the recognition for the Town’s funds or in -kind services be less than that provided to other sponsors who have contributed the same total financial or in-kind support. 10. The applicant must be ready, willing, and able to enter a contractual agreement for sponsorship with the Town and provide a certificate of liability insurance or proof of self-insurance, if applicable. 11. Failure to hold event as depicted in application will result in nonpayment and/or forfeiture of sponsorship funds. 12. Sponsorship recipients will not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, or sexual orientation. Further, the organization must agree to conform to the requirements of the Americans with Disabilities Act and other laws as applicable. Event Impact Assessment: 1. Applications for a Community Event sponsorship are reviewed and approved/denied by the Community and Economic Development Director in consultation with impacted Town Departments, with approval based upon the following factors related to the event: a) The event alignment with the Town of Oro Valley Strategic Plan and the Town’s arts and culture, marketing and branding strategies. b) The event’s ability to utilize Oro Valley’s public and event spaces to attract or expand new audiences for persons of all ages, cultures and means. c) The event’s ability to feature cultural, artistic, or community-centric elements that enhance Oro Valley’s reputation as a unique destination. d) Estimated Economic Impact Assessment: The Event Producer must provide an Estimated Economic Impact Assessment with the application on the form provided by the Town. Town staff will validate verify applicant estimates. The formula used to compute the value of visitor spend to create the estimated economic impact analysis must include the following: 1. Event days Page | 4 2. Estimated Total Participants based on historic attendance or tickets sold data 3. Estimated number of participants from outside metro-Tucson region based on historic attendance or tickets sold data 4. Estimated room nights of out-of-region participants 5. Value of the daily rate of the booked room nights 6. Estimated value of materials purchased, equipment rented, or staff hired from sources in Oro Valley. Section Three: INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS The Town of Oro Valley WILL NOT award funding for or to: 1. An activity, program, project, or service that promotes a political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities. 2. An organization, activity, program, project, or service that is discriminatory. 3. A private individual for his/her own use or to donate to another private group or individual. 4. A political, politically affiliated, or political action committee or organization. 5. Outside agency funded organizations receiving funds concurrently (during the same fiscal year) Section Four: ASSESSMENT CRITERIA The Community and Economic Development Department will score sponsorship applications based on the criteria below. Sponsorship Application Scoring Matrix Criteria Consideration Max Score Innovation The ability of the event to activate public spaces, attract/expand new audiences 15 Economic Impact The degree to which the event provides a measurable economic benefit to the Town and supports local business 10 Quality of Life The degree to which the event assists in the development of a strong and resilient community and increases participation in town life for persons of all ages, cultures, and means 30 Branding The extent to which the event proposes to raise awareness of, or increases the profile of, Oro Valley as a unique destination 30 Page | 5 Section Five: APPLICATION REVIEW and APPROVAL Community and Economic Development Department staff will review applications for completeness and verify that eligibility criteria have been met. When deemed necessary, staff will present sponsorship requests to the Town Manager prior to sponsorship approval. The Community and Economic Development Director will approve or deny sponsorship requests. Denial of a request is appealable to the Town Manager. Denial of sponsorship requests by the Town Manager are final. There is no further appeal. The Town Manager shall have the authority to enter into approved sponsorship agreements on behalf of the Town. Event Viability The degree to which the event and/or organization is scalable and sustainable with or without Town sponsorship 15 Total /100    Town Council Regular Session 1. Meeting Date:11/01/2023   Requested by: Bayer Vella, Community and Economic Development  Submitted By:Kyle Packer, Community and Economic Development Case Number:2301320 SUBJECT: PRESENTATION AND DISCUSSION REGARDING A PROPOSED ZONING CODE AMENDMENT TO ALLOW MOBILE FOOD UNIT COURTS AS A CONDITIONAL USE WITHIN C-N, C-1, AND C-2 COMMERCIAL ZONES AND DEVELOP ASSOCIATED STANDARDS RECOMMENDATION: This item is for discussion only. EXECUTIVE SUMMARY: The purpose of this item is to discuss a possible zoning code amendment (Attachment 1) to allow Mobile Food Unit Courts as a use requiring a Conditional Use Permit within the Town's primary commercial zones (C-N, C-1, C-2) and associated development standards. This item was initiated by the Planning and Zoning Commission at their May 2, 2023 Regular Session. The Commission's action is in response to a pre-application for such a use, and a lack of permissions and standards within the Oro Valley Zoning Code Revised.  An entrepreneur is interested in developing a Mobile Food Unit Court next to the CDO River Path within Mercado Del Rio commercial development (Pusch View Lane - just east of the Rooney Ranch Target). More commonly known as a Food Truck Court or Park, these areas are developed to enable multiple Mobile Food Units (food trucks, trailers with kitchens, push-carts, etc.) to be parked for longer periods of time than a food truck attending a special event like a car-show, or visiting an area like a construction site to serve clients throughout town on an individual basis, as they are currently allowed to do through Oro Valley's zoning and State law. An example of a Mobile Food Unit Court is shown below. The following definition is proposed: "A site specifically designed to accommodate multiple mobile food units as the principal use of the land." Staff has reviewed zoning codes from over a dozen municipalities across the region, state, and nation, as well as researched best practices to develop the proposed code amendment, which has the following key elements proposed:  "Mobile Food Unit Courts" are subject to a Conditional Use Permit, which may only be granted in C-N, C-1, and C-2 commercial properties after review against the Zoning Code (including CUP criteria), recommendation by the Planning and Zoning Commission, and Town Council approval New specialized standards to ensure quality and safety of Mobile Food Unit Courts are proposed. The aim is to require a more refined version of a typical Mobile Food Unit Court. Refinements include paved food truck parking pads, gathering areas, shaded seating, restrooms etc. As a focus of this agenda item, staff requests Town Council feedback regarding the following:  Definition of Mobile Food Unit Courts Mobile Food Unit Courts as a Conditional Use, within C-N, C-1, and C-2 commercial zones Standards for Mobile Food Unit Courts and Units operating within them Because this is a relatively focused amendment request, the proposed code language is included in Attachment 1 . It has been updated with feedback and recommendations provided by the Planning and Zoning at their October 3rd Study Session. This item is for discussion only. BACKGROUND OR DETAILED INFORMATION: BACKGROUND In March 2023, Town staff received a pre-application request for a proposed Food Truck Court, with a site design including (among other elements) a restaurant and bar, a centralized park with open seating, and parking for ten Mobile Food Units, more commonly known as food trucks. This use is not addressed in the current Zoning Code. Mobile food units are often temporary and transient in nature; in the current Zoning Code, a single food truck is limited to operating for four hours or less at any single location unless part of a special use or special event permit. This allows them to visit a site for a single meal period (for example, from 11am-3pm) before relocating. However, a permanent use designed with the continual presence of food trucks is not currently permitted as this is a relatively new use to the market. After receiving a request from the pre-applicant to consider a code amendment, the Planning and Zoning Commission initiated a staff review of the zoning code to consider possible amendments. DISCUSSION AND ANALYSIS A. PROPOSED ZONING AMENDMENT 1. Definition What is a Mobile Food Unit Court? More commonly known as a Food Truck Court or Park, these are areas that are privately developed to enable multiple Mobile Food Units (food trucks, trailers with kitchens, push-carts, etc.) to be parked for longer periods of time than a food truck specifically attending a special event like a car-show, or visiting an area like a construction site to serve clients for a single meal period throughout town on an individual basis, as they are currently allowed to do through Oro Valley zoning and State law. Within the proposed code amendment, the definition for a Mobile Food Unit Court is, "A site specifically designed to accommodate multiple mobile food units as the principal use of the land." Specific design requirements and other standards are shared later in this section, and round out the full requirements for Mobile Food Unit Courts that would operate within the Town under this proposed code amendment. 2. Process To address this proposed "Food Truck Court" as a new use and ensure adequate standards are applied to such projects within the Town, staff performed the following:  Identified thirteen jurisdictions from the region, state, and nation with similar codes, as well as best practices for food truck parks based on standards from the American Planning Association. 1. Drafted a preliminary Mobile Food Unit Court code.2. Collaborated with internal departments as well as external groups like the Golder Ranch Fire District to address questions and concerns regarding the code, and revised the draft code accordingly. 3. Reached out to original pre-applicants as well as local jurisdictions that are also modifying their Mobile Food Unit codes to seek feedback and exchange ideas. 4. Through this process, which to date has run March to October, staff developed a draft code amendment (Attachment 1). 3. Standards There are numerous examples of Mobile Food Courts that rely on porta-potty's, unfinished gathering areas, noisy generators and substandard utility service. The objective in drafting standards is to ensure a well-designed version of a Mobile Food Court to meet Oro Valley's higher expectations. To achieve this objective, the following development standards are proposed:  Table 23-1, Permitted Uses, would be modified to add "Mobile Food Unit Court" as a conditional use.  A Conditional Use Permit is required within C-N, C-1, C-2 and equivalent PAD zoning. Section 25.1, Requirements for Specific Uses, would be modified to include development standards specific to "Mobile Food Unit Courts". Key requirements include:  An on-site manager during business hours A commissary building where the following may be provided and/or performed:  A service area for mobile food units, where food, containers, or supplies are stored Food is prepared or prepackaged for sale Utensils are cleaned and sanitized Utensils are cleaned and sanitized Liquid waste are disposed and potable water is obtained A centralized landscaped common area with restrooms, shaded seating, and trash receptacles Improved asphalt or concrete parking stalls for mobile food units with adjacent trash receptacles and access to potable water and electrical service  No generators are allowed to operate within Mobile Food Unit Courts Grease traps are required on-site to prevent improper disposal Limits to the duration a Mobile Food Unit can remain within the Mobile Food Unit Court Section 27.7, Off-street Parking, would add a parking ratio for Mobile Food Unit Courts, requiring ten spaces per 1,000 sq. ft. of Mobile Food Unit parking pad Chapter 31, Definitions, would add a definition for "Commissaries", described above, and "Mobile Food Unit Courts" An AI-generated image demonstrating hard-surface parking for food trucks, fully shaded seating areas, and on-site power eliminating generator usage. In summary, the following is proposed:  An opportunity to request a Conditional Use Permit within C-N, C-1, and C-2 zoning for a newly trending market use  Standards to ensure high quality design and minimize potential impacts Amendments that are based on best practices from other jurisdictions and the American Planning Association B. GENERAL PLAN COMPLIANCE Several Your Voice, Our Future General Plan policies stand out as particularly aligned with this proposed code amendment:  Policy E.1 - Develop a diversified and robust economic base to support long-term economic stability.   This use fosters the exposure and expansion of restaurant start-up businesses. It is not uncommon for successful food truck operations to eventually open brick and mortar restaurants. Fork & Fire is an Oro Valley example of a food truck operation making this successful transition. Policy CC.6 - Promote the creation of unique community gathering places that are inviting, walkable, attractive and vibrant and offer commercial, entertainment or cultural activity  Mobile Food Unit Courts have the potential to be unique and frequented community gathering places, even more so when standards are in place to ensure they are well-designed. Policy LU.5 - Provide diverse land uses that meet the Town's overall needs and effectively transition in scale and density adjacent to neighborhoods  The proposed code amendment expands the Town's land uses while ensuring standards and processes are in place to ensure compatibility. C. PLANNING AND ZONING COMMISSION STUDY SESSION The Planning and Zoning Commission reviewed the draft code amendment in a study session at their October 3rd Regular Session. Feedback focused on the proposed development standards, sales tax collections, competition with brick and mortar restaurants, desire for more dining options, importance of food truck operations to foster restaurant start-ups and questions regarding existing requirements for individual food trucks.  FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for discussion only. The primary components staff requests input on during this study session are:  Definition of Mobile Food Unit Courts Mobile Food Unit Courts as a Conditional Use, within C-N, C-1, and C-2 commercial zones Standards for Mobile Food Unit Courts and Units operating within them Attachments Attachment 1 - Draft Code  Staff Presentation  Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 1 of 5 Section 25.1 Requirements for Specific Uses B. Requirements for Specific Nonresidential Uses 21. Mobile Food Units or Food Trucks A. STANDARDS FOR INDIVIDUAL UNITS OUTSIDE OF A MOBILE FOOD UNIT COURT: I. a. Mobile food units may be UNITS ARE permitted as a service to specific clientele on private property as follows SUBJECT TO THE FOLLOWING: A) i. As an invited service to employees or guests of a temporary private function, not to exceed four (4) hours. B) ii. As an invited service to employees or customers of a single commercial establishment, for a period not to exceed four (4) hours. II. b. Mobile food units UNITS may be permitted as a service to the general public as a unit participating in an organized event through a special use permit or special event permit. III. c. Location Requirements A) i. Mobile food units UNITS may not operate at a public transit facility including bus stops and public “park and ride” areas. B) ii. Mobile food units mMust be located outside of any required setbacks. C) iii. Mobile food units mMust not present a traffic safety hazard as determined by the Town Engineer. IV. d. All external lighting must be affixed to the exterior of the mobile food unit. All lighting is subject to the requirements of Section 27.5.C, Prohibitions, but shall otherwise be exempt from the requirements of Section 27.5, Outdoor Lighting. V. e. No drive-thru components are permitted. VI. f. Signage must be affixed to the exterior of the mobile food unit. All signage is subject to the requirements of Section 28.10 28.9, Prohibited Signs, but shall otherwise be exempt from the requirements of Chapter 28, signs. B. MOBILE FOOD UNIT COURTS I. GENERAL STANDARDS A) THERE MUST BE A DESIGNATED ON-SITE MANAGER DURING WORK HOURS. B) THE PROPERTY, INCLUDING ALL MOBILE FOOD UNIT PADS, MUST BE MAINTAINED FREE OF TRASH, WEEDS, AND DEBRIS. Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 2 of 5 C) MOBILE FOOD UNITS MUST BE CLEAN, OPERABLE, AND CAPABLE OF MOVING ON AND OFF THE PREMISES SAFELY ON ITS WHEELS. D) A COMMISSARY MUST BE PROVIDED ON-SITE, AND SHALL NOT PROVIDE MOBILE FOOD UNIT MAINTENANCE. E) GREASE DISPOSAL MUST BE PROVIDED ON-SITE, EITHER AT INDIVIDUAL MOBILE FOOD UNIT PADS OR WITHIN A COMMISSARY. F) THE FOLLOWING MUST BE PROVIDED WITHIN A CENTRALIZED COMMON AREA THAT IS ACCESSIBLE TO ALL CUSTOMERS AND VENDORS: 1) PERMANENT RESTROOMS 2) ADEQUATE SEATING TO ACCOMMODATE PATRONS 3) ALL SEATING AND ACTIVITY AREAS MUST BE SHADED WITH NATURAL VEGETATION, BUILT STRUCTURES, OR A COMBINATION THEREOF 4) TRASH RECEPTACLES G) UNSHIELDED STRING LIGHTS ARE PROHIBITED WITHIN A MOBILE FOOD UNIT COURT. H) SIGNAGE ON INDIVIDUAL MOBILE FOOD UNITS SHALL BE EXCLUDED FROM ANY SECTION 28.4.B SIGNAGE CALCULATIONS FOR THE MOBILE FOOD UNIT COURT. II. STANDARDS FOR INDIVIDUAL UNITS WITHIN A MOBILE FOOD UNIT COURT: A) EACH UNIT MUST BE PARKED UPON A DEDICATED PARKING PAD CONSISTING OF AN IMPROVED SURFACE, SUCH AS ASPHALT OR CONCRETE. 1) MOBILE FOOD UNITS PARKED UPON A DEDICATED PAD MAY REMAIN IN PLACE OUTSIDE THE COURT’S HOURS OF OPERATION, FOR THE DURATION OF THEIR TENURE AT THE MOBILE FOOD UNIT COURT. B) MOBILE FOOD UNIT PADS MUST BE LOCATED IN COMPLIANCE WITH ALL BUILDING RELATED REQUIREMENTS SUCH AS SETBACKS. C) EACH PAD MUST HAVE DEDICATED POTABLE WATER AND ELECTRICAL SERVICE. 1) USE OF GENERATORS IS PROHIBITED WITHIN MOBILE FOOD UNIT COURTS. D) A MINIMUM FIFTEEN (15) GALLON TRASH RECEPTACLE SHALL BE LOCATED WITHIN FIFTEEN (15) FEET OF EACH UNIT, ACCESSIBLE TO CUSTOMERS AND EMPLOYEES. E) THE SIGNAGE STANDARDS OF SUBSECTION 25.B.21.A.VI SHALL APPLY. F) THE LIGHTING STANDARDS OF SUBSECTION 25.B.21.A.IV SHALL APPLY. Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 3 of 5 Use CategorySpecific Use TypeR1-300R1-144R1-72R1-36R1-20R1-10R1-7SDH6R-4R-4RR-SR-6C-NC-1C-2PST-PPOSNotesAccessory UsesAccessory Buildings and UsesPPPPPPPPPPPPPPPPPP23.625.2.ACommercial StablesCCC25.1.B.4Farms and RanchesCPCCCCC25.1.B.10Marketing of Products Raised on the PremisesP25.1.B.18Plant NurseryCCPBarsPPPA25.1.B.3DistilleryPEntertainment at Bars or RestaurantsCC25.1.B.9MicrobreweryAPP25.1.B.20Mobile Food Units, Including Food TrucksPPPPPPPPPPPPPPPPPP25.1.B.21MOBILE FOOD UNIT COURTCCC25.1.B.21RestaurantAPPPA23.8.FRestaurant With Drive-in/Drive-thruCCC25.1.B.625.1.B.25…Agricultural UsesAccessory UsesCommercial UsesFood and BeverageAgricultureDeletions shown with strikethrough and ADDITIONS shown in red in all CAPS.OtherCommercialMulti-FamilySingle-FamilyTable 23-1. Permitted Uses Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 4 of 5 Section 27.7 Off-Street Parking B. Parking Lots – Required Number of Spaces for Type of Use 2. Nonresidential Parking Requirements: The table below sets forth the number of required parking spaces for nonresidential uses within the Town. Deletions shown with strikethrough and ADDITIONS shown in red in all CAPS. Table 27-14. Required Parking Spaces Permitted Use Parking Spaces/Square Feet (Unless Otherwise Noted) Accessory Buildings and Uses Not Applicable Commercial Stables 0.75/employee and 0.75/horse stall Farms and Ranches 1 per 2 employees Marketing of Products Raised on the Premises 4/1,000 Plant Nursery 4/1,000 Bars 20/1,000 Distillery 0.75/employee and 20/1,000 for bar Entertainment at Bars or Restaurants Not Applicable Microbrewery 10/1,000 Mobile Food Units, Including Food Trucks Not Applicable MOBILE FOOD UNIT COURT 10/1,000 OF MOBILE FOOD UNIT PAD Restaurant 10/1,000 Restaurant With Drive-in/Drive- thru See Table 27-15 Amendments to Chapter 23, Chapter 25, Chapter 27 and Chapter 31 of the Zoning Code. Deletions shown with strikethrough and ADDITIONS shown in all CAPS. Page 5 of 5 Chapter 31 Definitions For the purpose of this code, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural shall include the singular; the word “building” shall include the word “structure,” the word “lot” shall include the word “plot”; the word “may” is permissive and the word “shall” is mandatory, further, the word “or” shall mean “either” and the word “and” shall mean “in conjunction with.” “Zone” shall mean “district.” … COMMISSARY A SERVICE AREA FOR MOBILE FOOD UNITS, WHERE FOOD, CONTAINERS, OR SUPPLIES ARE STORED; FOOD IS PREPARED OR PREPACKAGED; UTENSILS ARE CLEANED AND SANITIZED; OR LIQUID WASTES ARE DISPOSED AND POTABLE WATER IS OBTAINED. … MOBILE FOOD UNIT COURT A SITE SPECIFICALLY DESIGNED TO ACCOMMODATE MULTIPLE MOBILE FOOD UNITS SERVING CUSTOMERS AS THE PRINCIPAL USE OF THE LAND. Study Session Proposed Code Amendment for Mobile Food Unit Courts Town Council November 1, 2023 Purpose Why consider adding Mobile Food Unit Courts to the Code? Pre-application for Mobile Food Unit Court received in March 2023 No zoning permissions or standards for Mobile Food Unit Courts Planning and Zoning Commission Initiated review in May Study session in October Town Council Study Session Use Standards What are Mobile Food Units and Mobile Food Unit Courts? A site specifically designed to accommodate multiple Mobile Food Units serving customers as the principal use of the land. Mobile Food Unit – Trailers prepared as kitchens, food trucks, peddler carts, etc. Existing Code No permissions or standards for a mobile unit court. New code. Only addresses individual food trucks at temporary sites. No changes. Limited duration: maximum of 4 hours on private property without a special use/special event permit Location restrictions: outside of setbacks, cannot present a safety hazard, etc. Focused standards: prohibited lighting etc. Research Reviewed other municipal codes Identified best practices from the American Planning Association Met with City of Tucson planners currently writing a similar code amendment Discussed amendment with applicants Flagstaff, Arizona Marana, Arizona Scottsdale, Arizona Sedona, Arizona Tucson, Arizona San Diego, California San Francisco, California Portland, Oregon Austin, Texas Dallas, Texas Fort Worth, Texas Houston, Texas Seattle, Washington Goals Create meaningful community gathering spaces Permanent facilities for long-term use Ensure compatibility with high-quality design standards Proposed Mobile Food Unit Court Code Elements Conditional Use Permit (CUP) in C-N, C-1, C-2 New specialized standards Central gathering area with landscaping On-site manager,restrooms, shaded seating, trash cans, electrical and potable water hookups and grease collection and disposal Commissary (supplemental vendor food prep and storage kitchen) Standard commercial setbacks, screening, parking, landscaping, etc. Paved unit parking pads with individual utility hookups Minimum property size Prohibit generators Common Court Design vs Proposed High Standards Topic Common Designs Proposed Requirement for Oro Valley Food Unit Parking Gravel, dirt Dedicated pads made of asphalt or concrete Power Generators No generators. Dedicated power at each unit pad Water Hoses crossing site Dedicated water at each unit pads Seating Some shaded, some not Shading required Restrooms Port-a-potty Permanent restrooms Lighting Unshielded string lights Shielded string lights Possible Mobile Food Unit Court Locations CUP request in C-N, C-1, and C-2 zoning Impact comparable to multiple small restaurants Review process focus Compatibility Design General Plan Compliance Policy E.1 - Develop a diversified and robust economic base to support long-term economic stability. Policy CC.6 -Promote the creation of unique community gathering places that are inviting, walkable, attractive and vibrant and offer commercial, entertainment or cultural activity. Policy LU.5 -Provide diverse land uses that meet the Town's overall needs and effectively transition in scale and density adjacent to neighborhoods. Discussion Use Mobile Food Unit Courts as a CUP in C-N, C-1, and C-2 Standards Central gathering area with landscaping On-site manager,restrooms, shaded seating, trash cans, electrical and potable water hookups and grease collection and disposal Commissary (supplemental vendor food prep and storage kitchen) Standard commercial setbacks, screening, parking, landscaping, etc. Paved unit parking pads with individual utility hookups Minimum property size Prohibit generators    Town Council Regular Session 2. Meeting Date:11/01/2023   Requested by: Bayer Vella, Community and Economic Development  Case Number:2301321 SUBJECT: PRESENTATION AND DISCUSSION REGARDING A POTENTIAL ZONING CODE AMENDMENT TO AMEND PROVISIONS REGARDING THE KEEPING OF ANIMALS FOR FOOD PRODUCTION AND ANIMAL HUSBANDRY PURPOSES ON RESIDENTIALLY ZONED PROPERTIES RECOMMENDATION: This item is for information and discussion purposes only.  EXECUTIVE SUMMARY: The purpose of this item is to discuss and gather feedback on the proposed code amendment to expand the ability to keep small agriculture-type animals (chickens, rabbits, etc.) on larger residential properties and improve associated standards. This amendment originates from a resident’s request to the Planning and Zoning Commission at the May 2, 2023, meeting. As a result, the Planning and Zoning Commission voted 6-0 to formally initiate this project. The meeting recording is available online.  Over the last few years, some Arizona jurisdictions have implemented sustainability measures by adding new zoning code standards to allow residents access to a backyard food source and animal husbandry practice, while the Town's zoning codes have not been updated in 20 years. Moreover, Oro Valley currently has the most restrictive minimum lot size (144,000 square feet) for keeping these types of animals. Many southern Arizona jurisdictions permit select agriculture type animals on small to medium-sized residential lots. Current Zoning Code standards only allow the keeping of livestock and small animals for farm and ranch uses on residential properties with lot sizes greater than 144,000 sq. feet (equal to 3.3 acres), as shown in Figure 1. Farm and ranch uses, as defined in Chapter 31 of the zoning code, are intended for larger scale production or commercial basis and permitted by right in the residential zoning district R1-144 and requires a conditional use for the remaining zoning districts R1-7 through R1-72, and R1-300 (Figure 1). Properties in each approved OV zoning district must have a minimum lot size of 144,000 sq. feet or greater to keep poultry, rabbits, or similar sized animals. There are exceptions as properties annexed from Pima County retain site specific allowances via translational zoning.    Figure 1: Zoning districts permitted to keep livestock and small animals.  This project entails discussing the potential to expand limited allowances and standards to keep small agriculture type animals in appropriately sized properties compatible with neighborhood characteristics in medium to large-lot zoning districts. The proposed code amendment seeks to achieve three potential objectives:  Limited expansion of the ability to keep small animals on residential properties less than 144,000 sq. feet to support  resident interest in local food production and animal husbandry. 1. Refine existing code to improve agricultural animal related specific standards2. Distinguish the proposed residential scale keeping of agricultural animals from farm and ranch uses3. The proposed code amendment primarily focuses on expanding allowances and establishing limits for small animals. Staff is looking for guidance from Town Council prior to drafting code language. Feedback will be used to help develop proposed code amendments and establish standards that are in alignment with the community needs and compatible with Oro Valley’s characteristics. Feedback on the following key items below is needed:   Assess interest in allowing the keeping of small animals as a permitted use for residential properties less than 144,000 sq. feet in size  Identify appropriate residential zoning districts and minimum property size. Identify small animal types appropriate for Oro Valley.  Establish suitable limits for the number of small animals.  Establish standards to ensure compatibility with residential properties and mitigate nuisance impacts.  Identifying additional stipulations for animal types, when applicable. Planning staff has preliminarily developed proposed parameters based on findings from research efforts and assessment of current code standards. These key topics and amendment parameters are summarized below. Additional details are included in Background or Detailed Information Section of this report. Staff is looking for feedback from Town Council on the following key topics prior to drafting code language.   Key Topic #1: Expand Allowances to Keep Small Animals Appropriate of Oro Valley as a Permitted Use Research:   Permitted animal types and classification vary widely by jurisdiction. Staff identified ten jurisdictions similar to Oro Valley to identify animal types and limits, as shown in Figure 2 and Attachment 1 - Jurisdiction Research Matrix. Poultry, rabbits and other small animals are currently allowed in Oro Valley for farm and ranch use. It is a permitted use in residential zoning district R1-144, and requires a conditional use permit (CUP) for R1-7 through R1-72, and R1-300.  Proposed Amendment Goals and Recommendation:   Pursue a comprehensive update to refine existing code language and define permitted small animal types appropriate for Oro Valley and compatible for neighborhood characteristics. Amend the Zoning Code to expand farm and ranch use provisions to allow keeping of animals for food production and animal husbandry.  Staff recommends expanding farm and ranch use allowances for residential properties less than 144,000 sq. feet.  Figure 2: Permitted small animals by peers and Oro Valley Zoning Code.      Key Topic #2: Establish Suitable Limits for Number of Small Animals Research:   Staff compared ten peer jurisdictions and identified best practices to establish animal limits. A majority of jurisdictions utilize a limit based on the size of the lot and animal type. Oro Valley Zoning Code establishes limits for livestock as one livestock per 30,000 sq feet. Limitations for poultry and similar small animals are undefined, as shown in Figure 1 and Figure 2.  Proposed Amendment Goals and Recommendations:   Establish small animal limits compatible with neighborhood characteristics. Define animal limits based on property size and animal size (e.g. small animal or livestock).  Staff recommends establishing quantity limits that are based on animal size and appropriate of the size of the property.     Key Topic #3: Identify Appropriate Residential Zoning Districts Research:   Current zoning code standards permit the keeping of livestock and small animals on properties with minimum lot size of 144,000 sq. feet. Minium lot size thresholds for peer jurisdictions range from 1,000 sq. feet for Tucson and Marana to 35,000 sq. feet for Mesa.  Proposed Amendments, Goals and Recommendations:   Establish a conservative minimum lot size to ensure compatibility with neighborhood characteristics, while maintaining setback requirements.  Staff recommends allowing small animals on residential properties greater than 20,000 sq. feet in zoning districts R1-20 and above.    Key Topic #4: Establish Property Standards for Neighborhood Compatibility and Nuisance Control Research:   Property standards, such as minimum lot size, setback requirements, property maintenance standards, and screening requirements are keystone zoning code elements used by jurisdictions to mitigate nuisances associated with the keeping of small agricultural type animals.  Proposed Amendment Goals and Recommendations:  Ensure compatibility with neighborhood characteristics by maintaining property standards. Staff recommends the following property standards:   Animals must be kept in the rear and side yards.  Coops and pens are subject to the main building setback standards for the zoning district.  Animals and enclosures must be maintained to mitigate odor, noise, and other nuisances.       Key Topic #5: Identify Additional Stipulations for Animal Types Research:  The majority of jurisdictions apply additional stipulations based on specific animal types. This includes prohibiting animals due to noise propensity or requiring additional lot size thresholds. Oro Valley zoning code only specifically restricts swine as an approved animal type. Proposed Amendment Goals and Recommendations:   Sharpen existing code language to prohibit roosters, male fowl, hogs. Support best practices for animal husbandry to craft appropriate property standards.  Oro Valley’s Zoning Code has not been updated in over 20 years and is relatively restrictive compared to surrounding jurisdictions. Staff is proposing changes to the Zoning Code that are intended to address the findings above and are discussed in detail in the following section. The proposed changes aim to update existing code standards and expand use allowances for larger lots greater than 20,000 sq. feet. Additionally, the code amendment parameters aim to establish standards that are in alignment with Oro Valley’s characteristics. The intent of the proposed amendment is to take a conservative approach that prioritizes compatibility with neighbors.  As part of the presentation and discussion, staff will also provide understanding regarding the issues related to allowing keeping animals by right on what is deemed a property of appropriate size versus requiring a use permit to do the same.  Staff have received several letters from interested residents which have been included in Attachment 3 - Resident Comment Letters. The findings and proposed goals and amendment recommendations were presented to the Planning and Zoning Commission on October 3, 2023, for discussion and feedback. Once feedback is received from Town Council, planning staff will begin drafting amendments to the Zoning Code. Specific Zoning Code changes will then be presented at a public hearing to the Planning and Zoning Commission and ultimately to Town Council for consideration. BACKGROUND OR DETAILED INFORMATION: This code amendment comes from a constituent request to the Planning and Zoning Commission during the May 2, 2023, meeting. The Planning & Zoning Commission formally voted 6-0 to initiate this project to draft a code amendment to potentially allow small agricultural related animals on residential lots. Staff has historically received general inquiries from residents regarding allowances to keep agriculture type animals on residential properties. While the number of inquiries are not tracked it does provide a representative gauge of a potential reoccurring community need. This code amendment does not directly correspond to specific General Plan action items, nor is it a pending project from Town Council's Strategic Leadership Plan.  Animal husbandry and backyard farming practice is growing land use trend. Many Pima County jurisdictions have addressed this demand by allowing small animals and farming practices on small to medium-sized residential properties. Oro Valley zoning code standards for animal keeping have not been updated in over 20 years. The proposed code amendment is seeking to expand permitted agricultural uses on residential properties less than 144,000 sq. feet and refine existing standards for farm and ranch uses. Existing Standards: The zoning code currently permits farming and ranching for single-family residential (SFR) zoning district R1-144 and as a conditional use for SFR zoning districts R1-7, R1-20, R1-36, R1-43, R1-72, and R1-300. Figure 1 provides an overview of agriculture type animals permitted for farm and ranch uses by zoning districts. A minimum lot size for 144,000 square feet (equal to 3.3 acres) is required to keep agriculture animals in all of the aforementioned zoning districts.   Figure 1: Zoning districts permitted to keep livestock and small animals.   Code Amendment Objectives: The proposed amendment would expand Zoning Code provisions to allow small agriculture type animals on residential properties less than 144,000 sq. feet to support resident’s interests and desires for local food production and animal husbandry practices. This demand for “backyard farming” is an evolving land use trend several jurisdictions have implemented to allow residents access to a food source and animal husbandry practices. Many southern Arizona jurisdictions permit agriculture type animals on small to medium-sized residential lots.  Additionally, the Town's standards are the most restrictive in Pima County relative to the keeping of small agricultural type animals. Staff is looking for guidance from Town Council prior to drafting code language. Feedback will be used to develop the proposed code amendments and establish standards that are in alignment with the community needs and compatible with Oro Valley’s characteristics. Feedback on the following key items below is needed.   Assess interest in allowing the keeping of small animals as a permitted use for residential properties less than 144,000 sq. feet in size  Identify appropriate residential zoning districts and minimum property size. Identify small animal types appropriate for Oro Valley.  Establish suitable limits for the number of small animals.  Establish standards to ensure compatibility with residential properties and mitigate nuisance impacts.  Identifying additional stipulations for animal types, when applicable. Key Topic Areas: Planning staff conducted extensive research to gather information from professional resources, reviewed zoning codes of similar jurisdictions such as Flagstaff, AZ, Gilbert, AZ, Scottsdale, AZ, Placer County, CA, and Brighton CO. Additionally, staff conducted interviews with municipality counterparts Tucson, AZ, Sahuarita, AZ, and Marana, AZ for best practice insights. Research and assessment efforts also included identifying areas in Oro Valley's Zoning Code to refine code standards for clarification and cohesiveness. Below is a summary of the findings and proposed amendment goals with detailed information provided in the attachments. Feedback is needed on the following key topic items below:  Key Topic #1: Expand Allowances to Keep Small Animals Appropriate for Oro Valley as a Permitted Use. Research:  Many Arizona jurisdictions have implemented new zoning code standards to allow residents access to backyard food sources as a means to support sustainability efforts. Standards and allowances vary widely by jurisdictions related to permitted animal types and classification (small animal compared to livestock). Staff identified ten jurisdictions most compatible with Oro Valley to identify animal types and limits, as shown in Figure 2 and Attachment 1 - Jurisdiction Research Matrix. The Town's zoning code have not been updated in 20 years. Currently, Oro Valley allows keeping of poultry, rabbits and similar small animals for farm and ranch uses. Farming and ranching is a permitted use in residential zoning district R1-144, and requires a conditional use permit (CUP) for R1-7 through R1-72, and R1-300 for properties greater than 144,000 sq. feet. Keeping of small animals is a permitted use in small to medium-size residential districts for many peer jurisdictions.  Proposed Amendment Goals and Recommendations:   Pursue a comprehensive update to refine existing code language and define permitted small animal types appropriate for Oro Valley and compatible for neighborhood characteristics. Amend the Zoning Code to expand farm and ranch use provisions to allow keeping of animals for food production and animal husbandry.  Staff recommends expanding farm and ranch use allowances for residential properties less than 144,000 sq. feet.  Figure 2: Permitted small animals by peers and Oro Valley Zoning Code.      Key Topic #2 : Establish Suitable Limits for Number of Small Animals Research:  Staff compared ten peer jurisdictions to identity best practices including establishing animal quantity limits. The majority of jurisdictions (80%) utilized a limit based on the size of the lot and animal type. Other methods include implementing a flat capped amount (30%) or using a point-per-animal unit system (13%). Attachment 2 - Animal Limits Research Findings provides a snapshot summary of the different limit calculations and findings. Oro Valley Zoning Code establishes animal limits for livestock at a rate of one livestock per 30,000 sq feet. Limitations for poultry and similar small animal are undefined, as shown in Figure 1 and  Figure 2. Staff utilized existing limits per Town Zoning code, findings from other jurisdictions, and animal care requirements to develop a proposed animal limit matrix as shown in Figure 3.  Proposed Amendment Goals and Recommendations:   Establish small animal limits compatible with neighborhood characteristics. Define animal limits based on property size and animal size (e.g. small animal or livestock).  Staff recommends establishing quantity limits that are based on animal size and appropriate of the size of the property.   Figure 3: Proposed limitations on number of animals based on property size.     Key Topic #3: Identify Appropriate Residential Zoning Districts  Research:   Current zoning code standards permits keeping of livestock and small animals on properties with minimum lot size of 144,000 sq. feet. Minium lot size thresholds for jurisdictions range from 1,000 sq feet (Tucson, AZ and Marana, AZ) to 8,000 sq feet (Sahuarita, AZ) and up to 35,000 sq. feet (Mesa, AZ), as shown in Figure 4. The average minimum lot size for peer jurisdictions is approximately 9,000 sq feet. Staff conducted GIS analysis to identify the applicability of this proposed amendment. Specifically, identifying properties in Oro Valley properties with lot sizes over 20,000 sq. feet, as shown in the Figure 5. A key takeaway from the analysis found many properties under 20,000 are located within Homeowner’s Association (HOA) communities. Many HOA regulations prohibit residents from keeping animals, therefore properties under 20,000 sq. feet were removed as potential minimum lot size thresholds. Additional notable takeaways includes the zoning districts displayed in Figure 5 shows the majority of applicable properties are R1-20 and above districts. Proposed Amendments Goals and Recommendations:   Establish a conservative minimum lot size to ensure compatibility with neighborhood characteristics, while maintaining setback requirements.  Staff recommends allowing small animals on residential properties greater than 20,000 sq. feet in zoning districts R1-20 and above.  Figure 4: Minium lot size required to keep small animals.     Figure 5: Map of non-homeowner association properties with lots greater than 20,000 sq feet.     Key Topic #4: Establish Property Standards for Neighborhood Compatibility and Nuisance Control Research:   Property standards, such as minimum lot size, setback requirements, property maintenance standards, and screening requirements are keystone zoning code elements used by jurisdictions to mitigate nuisances. Setback requirements are used to ensure compatibility with neighboring properties and retain neighborhood characteristics. Property standards vary widely by jurisdictions as noted in Attachment 1 - Jurisdiction Research Matrix. In addition to setback requirements, property standards are used to restrict placement of detached structures such as animal coops and pens. Oro Valley Zoning Code restricts detached structures from the front yard in all single-family residential districts except R1-144 and R1-300 due larger lot sizes in these zoning districts.   Proposed Amendment Goals and Recommendations:  Ensure compatibility with neighborhood characteristics utilizing property standards.  Staff recommends the following property standards:   Animals must be kept in the rear and side yards.  Coops and pens are subject to the main building setback standards for the zoning district.  Animals and enclosures must be maintained to mitigate odor, noise, and other nuisances.   Key Topic #5: Identify Additional Stipulations for Animal Types Research:  The majority of jurisdictions apply additional stipulations based on specific animal types. This includes prohibiting animals due to noise propensity or requiring additional lot miniums thresholds. For example, many jurisdictions prohibit roosters or other male fowl as a permitted animal type due to noise impacts to neighboring properties. Jurisdictions such as Flagstaff, AZ imposed additional limitations on quantity and minium property size for beekeeping. Currently, Oro Valley zoning code only specifically restricts swine as an approved animal type. Proposed Amendment Goals and Recommendations:   Sharpen existing code language to prohibit roosters, male fowl, hogs. Support best practices for animal husbandry to craft property standards. The intent of the proposed amendment parameters is to take a conservative approach that prioritizes compatibility with neighbors. Staff is The intent of the proposed amendment parameters is to take a conservative approach that prioritizes compatibility with neighbors. Staff is looking for direction from Town Council on the key code elements listed above prior to drafting code language. Planning and Zoning Commission:  The proposed amendment parameters were presented to the Planning and Zoning Commission on October 3, 2023, for discussion and feedback. The meeting recording is available online. Comments from the Planning and Zoning Commission included the following topics:   Identifying appropriate lot size requirements.  Nuisance impacts to neighbors due to odor and noise.  Potential impacts on Town staff time and resources. Comments and feedback from the Planning and Zoning Commission will be used to develop specific Zoning Code changes and addressed in the amendment parameters. Planning staff will begin drafting amendments to the Zoning Code once feedback is received from Town Council.  SUMMARY: This item is being presented for discussion to obtain feedback from Town Council, specifically the key items listed below:  Assess interest in allowing the keeping of small animals as a permitted use for residential properties less than 144,000 sq. feet in size  Identify appropriate residential zoning districts and minimum property size. Identify small animal types appropriate for Oro Valley.  Establish suitable limits for the number of small animals.  Establish standards to ensure compatibility with residential properties and mitigate nuisance impacts.  Identifying additional stipulations for animal types, when applicable. Specific Zoning Code changes will then be presented to the Planning and Zoning Commission and ultimately to Town Council for consideration.  FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for information and discussion purposes only. Attachments Attachment 1 Jurisdiction Research Matrix  Attachment 2 Animal Limits Research Findings  Attachment 3 Resident Comment Letters  Staff Presentation  Flagstaff - AZGilbert - AZMarana - AZMesa - AZPima County - AZSahuarita - AZTucson - AZPlacer County - CABrighton - COGolden - COPermitted Animals Bees X X X X X X X X X Chicken X X X X X X X X X X Ducks X X X X X X X X X Goats X X X X X X Goats - Miniature X X X X X*X X Goose X X X Ratites X Rabbits X X X X X Sheep X X X X X Pot-bellied Pigs X*X Turkey X X Dimensional & Setbacks Requirements Keeping Animals Minium Lot Area (Sq. Feet)-6,000 1,000 -6,000 8,000 1,000 5,000 -- Side (Feet)10 20 10 30 20 20 10 15 5 10 Rear (Feet)10 20 20 30 20 20 10 10 10 10 Dist. Prop Lines (Feet)10 20 30 -50 -50 --- Dist. Between Buildings (Feet)20 25 100 -20 7 20 -10 - Bees - Dist. Between Buildings --100 ------- Bee - Dist. From Prop Lines -100 60 ------- Animal Coop & Run Requirements Ground Coverage (Sq. feet)--200 -200 16 --120 Height (Feet)--6 15 12 12 12 --6 Dist. BTW Prop Lines (Feet)------10 --- Dist. BTW Buildings (Feet)--20 -50 -20 --- Values with "-" represents standards were not listed in the zoning code. Administrative Approvals Required Allowed Use ------- Site Plan Review - Site Plan Review PZ Conditional Use Permit X --X ------ PZ 4-H Animals**----- Additional Hogs -X -- PZ Exceed Animals ------X -- Approval Neighbors --- X* BOA Additional Chickens -- X Bees -- ** Planning & Zoning approval needed for 4H animals. Animal Keeping Zoning Code Amendment - Jurisdiction Research Attachment 3 - Animal Limits Research Findings Jurisdiction Code Title Code Section Number of Animal Limit - Quantity Max Number of Animal Limit - Point System Findings Animal Limit Rate - Livestock Animal Limit Rate - Small Animals (chickens/fowl, rabbits, rodents) Flagstaff - AZ Backyard Livestock Keeping 10-40.60.070: Animal Keeping X Keeping of small livestock is permitted in all zones. The number of animals is limited by the lot size and requirement to meet containment area dimensional requirements. Livestock is permitted in the Estate and Rural Residential zones. Limits based on lot square feet (sf) thresholds, • 4 large livestock up 79,999 sf. • 5 large livestock up to 119,999 sf. • 6 large livestock up to 159,999 sf. • 7 large livestock up to 160,000 sf. Limits based on lot sf thresholds and type of small animal. Gilbert - AZ Animal Raising - Non-Commercial 5.2.2: Additional Use Regulations - Animals X Animal raising is permitted in single-family residential zones with a minimum lot size is 6,000 square feet (sf). The limit for number of animals is based on lot size thresholds in any combination of permitted animal types. • 1 large livestock animal per 10,000 sf. • 1 small livestock animal per 5,000 sf. Limit of 25 rodents and fowl permitted up to 20,000 sf. 12 additional animals permitted for every 10,000 sf. Marana - AZ Animal Keeping 17-6-7:Animal-keeping X Animal keeping is permitted with conditions in Agricultural, Ranchette, Estate, and Neighborhood residential zoning districts. Setback restrictions and animal limits conditions are established per animal type such as chicken, small livestock, large livestock, or apiary. Animal limits are based on lot size ratio. • 1 large livestock per 10,000 sf in AG, RA, and RR • 1 small livestock per 5,000 sf om AG, RA, and RR No more than 40 chicken or rodents per acre. Mesa - AZ Animal Keeping 11-31-4: Animal Keeping (AG and Accessory to Residential Uses)X The keeping of animals is permitted within agricultural and residential zones in conformance with use restrictions (Section 8- 6-21). Animal limits are established by a point system based on the size of the property. Animal points vary by animal type. • 2 animal points up to 43,560 sf (one acre), with 1 additional animal points for every 10,890 sf. • 1 point per large livestock head • 0.5 point per small livestock head Limit of 10 fowl or rodent for lots up to one-half of acre (21,780 sf), with addition of 10 head for every one-half acre. No limit for properties with 2.5 acres or more. Pima County - AZ T. Food Access 18.09.020: General requirements and exceptions.X Keeping of chickens is permitted in TH, CR-4, CR-5, CMH-1, CMH- 2, and MU zones with minimum of 6,000 sf. Number of chickens limited to 8 chickens per dwelling unit. Written consent from neighbors is required to increase the number of chickens permitted. Livestock such as horses, cattle, sheep, goats, or ratites is permitted in CR-1, CR-2, and SR-2 at a rate of no more than 1 animal per 10,000 sf. • 1 livestock per 10,000 sf in CR-1, CR-2, and SR-2 Limit of 8 chickens per DU in TH, CR-4, CR-5, CMH-1, CMH-2, and MU zones with minimum of 6,000 sf. Sahuarita - AZ Permitted Use X Keeping of livestock and small animals is allowed in Rural Homestead (RH) and R-3 Single Residence (R-3) zoning districts. Limits are established at no more than 24 small animals per 8,000 sf in R-3, limits are not noted for livestock nor for RH. No more than 24 small animals per 8,000 sf in R-3 zoning district. Tucson - AZ 6.6.5. Urban Agriculture Uses and Activities E: Keeping of Food Producing Animals X Maximum number of animals based on animal units and lot size. Units assigned to animals vary based on animal type. Limits based on lot sf thresholds and type of small animal. Animal units are: • chickens (1) • duck (2), • turkey or goose (4), • miniature goat (5). Maximum units for lots: • less than 16,000 sf - 24 units • lots up to 143,999 sf - 36 units • lots 144,000 sf or more - 48 units Placer County - CA Permitted Use 17.56.050: Animal Raising and Keeping X Animal keeping is permitted in single-family residential zones with a minimum lot size of 20,000 sf. A conditional use permit required. Fowl and poultry are limited to 6 animals on minimum lot size of 5,000 sf in RS single family zones, no more than 15 on less than 1 acre lots in AG and RF zones, 24 animals on more than one acre. • 2 large livestock per acre in AG zone • 1 livestock per acre in RF zones • 6 small livestock per acre in AG and RF zones Flat cap on number of animals Brighton - CO Division 10 - Urban Agriculture Sec. 6-4-900: Urban agriculture and small animal husbandry.X Keeping of livestock shall not exceed more than 4 animals per acre. The number of animals for poultry is limited to 6 animals in any combination at one time. Flat cap on number of animals Golden - CO Permitted Use 8.26.060: Backyard Chickens X The maximum number of chickens is 6 chickens and requires permit approval. Conditional use permit required. Flat cap on number of animals Hello Alex and Team, My daughter Savanna and I wrote to the Town staff in April of this year to request the Oro Valley Planning Commission initiate a code amendment. We have been fortunate enough to be a part of the process since that time and are elated that there is now an amendment draft under review! I want to provide insight on some common concerns I’ve heard as a current hen owner and be so bold as to request changes to some details. As far as lot size affected by the amendment, my thought is that there are very few lots outside of an HOA, even fewer as small as .2-acre outside of an HOA. It’s my understanding that any lots within an HOA would be governed by those rules, including urban agriculture. As a result, the majority of OV residents (those within an HOA) will be unaffected. Regarding noise and waste, there are already ordinances in place which would continue to be applied. We find our hens to be less noisy than most dogs, particularly at night when they are roosting. In fact we had as many as 8 hens 10 feet from our master bedroom for years without issue, while we’ve had neighbors whose dog(s) barking at all hours of the night has been a nuisance. For waste, chicken droppings are a natural fertilizer and any not used for this purpose is easily disposed same as other domesticated animal waste. In the seemingly rare case of a small food-producing animal on the loose, there has to be a much larger risk of losing the animal to predators than that animal doing any damage. As far as the specifics of the amendment, we ask that the Town consider a higher number of food- producing animals and an exemption for active members of non-profit agricultural organizations to align with City of Tucson. Our current flock of 6 hens produce on average ~2 eggs/day, which is enough to supplement our family of four’s use but not replace. Our passion is to be able to encourage responsible growing of natural, organic food products to reduce our dependence on factory farming as much as possible. I realize this takes a higher level of responsibility than most, which membership in an Ag club would support. Note that the draft’s allowance of 9 hens on our 1-acre non-HOA lot means that hens may only be bought locally and in-season (spring), as hatcheries have a standard minimum order quantity of 10. Thank you for all of your work on this! We look forward to continuing down this path with Town of Oro Valley! Sincerely, Ben and Savanna Randall 1 Proposed Town Code Amendment to Allow the Keeping of Animals for Food Production and Husbandry Purposes Town Council Study Session November 1, 2023 2 Purpose Gather feedback on the proposed code amendment which aims to: Expand allowances to keep small agricultural animals on appropriately sized properties and zoning districts. Refine existing code with specific standards. Focus on General Plan emphasis to ensure “neighborhood compatibility” Residential Scale Poultry, rabbits, and similar sized small animals. Large Scale Horses, cows, and similar size livestock. Farm and Ranch Use Large Livestock Small Agriculture Animals 3 Research Research Oro Valley Zoning Code Review of code standards for other jurisdictions: Oro Valley Pima County Marana Sahuarita Tucson Flagstaff Gilbert Glendale Mesa Phoenix Scottsdale Tempe Placer County - CA Brighton - CO Golden - CO Hillsborough County - FL Cleveland Heights - OH Inventoried PAD standards and sampling of HOAs regulations Small Animals Livestock Oro Valley Flagstaff X X Gilbert X Glendale Marana X X Mesa Phoenix X Pima County Sahuarita Scottsdale Tempe X X Tucson Placer County - CA X X Brighton - CO X X Golden - CO Hillsborough County - FL X Cleveland Heights - OH X Categories by Animal Size Combined Combined Combined Combined Combined Combined Combined Combined 4 Key code amendment topics: #1: Expand allowances to keep small agriculture animals #2: Identifyappropriate property size and zoning districts #3:Establish new limits for number of animals #4:Establish new standards to ensure compatibility and mitigate nuisance impacts #5:Identify additional stipulations for specific animal types Zoning Code Amendment Development Present Zoning Code changes to Town Council – Public Hearing TBD Present Zoning Code changes Planning and Zoning Commission – Public Hearing TBD Draft Code Town Council feedback Study Session November 1, 2023 Planning and Zoning Commission feedback Study Session October 3, 2023 Staff research and identification of key topics and best practices Planning and Zoning Commission initiated code amendment project May 4, 2023 We are here 5 Key Topic #1: Expand Allowances for Small Agriculture Animals Objective: Expand the abilityto keep small agriculture animals appropriate for Oro Valley. Existing Zoning Code Standards to Keep Small Animals and Livestock Zoning District Permitted Animal Types (Farm and Ranch Use) Farm and Ranch Use (Permitted or Conditional) Farm or Ranch Use Min. Property Size (sq. feet) Livestock Limits Small Animals Limits R1-300 C 144,000 CUP CUP R1-144 P 144,000 1 Livestock per 30,000 sq feet.Unlimited R1-72*C 144,000 CUP CUP R1-43*C 144,000 CUP CUP R1-36*C 144,000 CUP CUP R1-20 C 144,000 CUP CUP R1-10 C 144,000 CUP CUP R1-7 C 144,000 CUP CUP P – Permitted Use; C- Conditional Use; CUP – Limits established via conditional use permit conditions. *Select properties in these zoning districts are allowed to keeping poultry, rabbits, and livestock through translational zoning rights. Livestock: Horses, cows, and similar size animals Small Animals: Poultry, rabbits, and similar sized small animals 6 Research: Zoning allowances based on animal size and nuisance potential (livestock vs. small agriculture animals) •Keeping small animals is often a permitted use •Permitted uses can include specific restrictions •Conditional uses are not common Options and Recommendations Update existing Zoning code language: •Restrict standards for farm and ranch uses •Expand allowances for small agriculture animals •Identify small ag. animals appropriate for Oro Valley Amend allowances as a permitted use. •Conditional use permit (CUP) is a relatively intensive process •Planning & Zoning Administrator discretionary review •Permitted use with specific standards Key Topic #1: Expand Allowances for Small Agriculture Animals Permitted Use Conditional Use Hearing Officer/ Zoning Admin Oro Valley X Flagstaff X Gilbert X Glendale X Marana X Mesa X Phoenix X Pima County X Sahuarita X Scottsdale X Tempe X Tucson X Placer County - CA X Brighton - CO X Golden - CO X Hillsborough County - FL X Cleveland Heights - OH X Allowances to Keep Small Agriculture Animals 7 Small Agriculture Animals Commonly Permitted Animal Type Permitted By Peers* Oro Valley (Proposed Code) Bees 90% P Chickens 100% P Ducks 90% P Rabbits 50% P Goats - Miniature 70% P Pot-belly Pig 20% P Goats 70% Defined as Livestock Sheep 50% Defined as Livestock *Types permitted by 10 peer jurisdictions comparable to Oro Valley. Options and Recommendations Create two distinct animal categories: •Livestock •Small agriculture animals Appropriate small agricultural animal options for OV: •Bees •Chickens •Ducks •Rabbits •Miniature Goats •Pot-Belly Pigs Key Topic #1: Expand Allowances for Small Animals 8 Existing: Extent of current code application: •There are relatively few properties in Oro Valley eligible (144,000 s.f. or greater) for this use. •319 eligible lots are within R-1 zoning districts. •5% properties are in R1-20, R1-36, R1-43, and R1-72. •There are no properties zoned R1-7 or R1-10 with the minimum lot size required to keep small ag. animals. HOA rules commonly restrict keeping of poultry and livestock Key Topic #2: Identify Appropriate Property Size Objective: Identify appropriate residential zoning districts and minimum property size to ensure compatibility and minimize potential nuisances. 9 Key Topic #2: Identify Appropriate Property Size Research: Minimum lot sizes range widely by jurisdictions •Nearby jurisdictions ranged from 1,000 to 8,000 sq. feet OV properties under 20,000 sq. feet are in HOAs Options and Recommendations: Allow small agricultural animals as a permitted use •Properties greater than 20,000 sq. feet within R1-20 through R1-300. Least Restrictive Most Restrictive Minium Lot Area (Sq. Feet) Oro Valley - AZ (Current)144,000 Mesa - AZ 35,000* Oro Valley - AZ (Proposed)20,000 Sahuarita - AZ 8,000 Gilbert - AZ 6,000 Pima County - AZ 6,000 Placer County - CA 5,000 Marana - AZ 1,000 Tucson - AZ 1,000 Minimum Lot Size by Jurisdiction *Keeping of livestock on a parcel less than 35,000 square feet permitted by Hearing Officer or Zoning Administrator. SFR Properties 144,000 sq ft. or greater - No HOA SFR Properties R1-20 and above - No HOA Currently Allowed Proposed Allowed 11 Key Topic #3: Establish New Limits for Number of Animals Existing: Livestock limits are one per 30,000 sq feet Limits not defined for small ag. animal •CUPs establishes limits through conditions Research: Methods vary to establish limits: •Flat cap amounts •Ratios relative to property size •Point systems based on animal and property size Most jurisdictions use a ratio-based limit Objective: Restrict the number of small ag. animals to ensure compatibility and minimize potential nuisances. Jurisdiction Limits for Small Animals Limits on 20,000 sq. Feet Lot Small Animal Types Flagstaff GilbertMaranaMesa*Pima CountySahuaritaTucsonPlacer County Brighton Golden Chicken, Ducks, Other Fowl 10 25 20 X 8 48 36 6 6 6 Miniature Goats & Pot-belly Pigs 2 X 7 4 Bees 4 8 X 4 8 2 2 2 * Mesa requires minimum lot size of 35,000 sq. feet to keep animals. 12 Key Topic #3: Establish New Limits for Number of Animals Options and Recommendations: Small agricultural animal •Conservation approach compared to nearby jurisdictions. •Limits based on best judgment •Numbers are relative to animal species Livestock •Remove R1-7 and R1-10 as possible zoning districts •Maintain current ratio Maximum Number of Animals Permitted Type of Animal Permitted Proposed Number of Animals Per Lot Size* Currently Permitted by Zoning Districts with Minium Lot Size 144,000 Sq. Feet** ≤19,999 sq ft 20,000 to 41,999 sq ft 42,000 to 143,999 sq ft 144,000 to 299,999 sq ft ≥300,000 sq ft R-144 R1-7 thru R1-72 R1-300 Livestock Horses, Cattle, Goats, Sheep, Other Large Livestock One Livestock Per 30,000 sq. ft. (No Change) One Livestock Per 30,000 sq ft. CUP CUP Small Animals Chickens, Ducks, other fowls, and Rabbits 6 9 25 25 Limits Not Defined CUP CUP Miniature Goats, Pot-belly Pigs, and other small animals 1 3 5 5 CUP CUP Bees Bee Colonies 4 6 8 Not Permitted *Animal limit is cumulative by type. 13 Key Topic #4: Establish Restrictive Property Standards Existing: OV setback requirements for R1-144 and R1-300 are more restrictive to keep livestock and poultry Properties are subject to Town property maintenance code Nuisances regulated by Town code and Pima County animal control regulations Research: Property standards are critical to mitigate nuisance impacts. Jurisdictions commonly restrict animal to rear yards with specific setback requirements. Options and Recommendations: Animals must be kept in the rear and side yards. Coops and pens are subject to the main building setbackstandards for the zoning district. Animals and enclosures must be maintained tomitigate odor, noise, and other nuisances. Shift enforcement burden from OVPD to Zoning Enforcement Objective: Create restrictive standards to mitigate nuisance impacts to ensure compatibility with neighbors Setback Requirements by Zoning District R1-300 R1-144 R1-300 R1-144*R1-72 R1-43 R1-36 R1-20 Rear 50 50* 50 40 40 30 Side 20 50* 35 20 15 15 Front 50 50* 50 30 30 30 * Reduced setback requirements for structures used to keep livestock and poultry. Ex. 20,000 sf. R1-20 Lot Ex. 144,000 sq ft. R1-144 Lot 14 Key Topic #5: Identify Additional Stipulations Existing Standards: Current Town standards only prohibits swine Findings: Additional property standards and lot size restrictions needed for specific animal types •Additional setback distance for apiaries •Restrictions for keeping roosters Options and Recommendations: Amend zoning code language to prohibit roosters, male fowl, and hogs. Require a minimum lot size of no less than one acre to keep bees on a property. Objective: Sharpen code language for specific animal types to ensure compatibility with neighboring properties. 15 Discussion & Feedback Key code amendment topics: #1: Expand allowances to keep small agriculture animals #2: Identifyappropriate property size and zoning districts #3:Establish new limits for number of animals #4:Establish new standards to ensure compatibility and mitigate nuisance impacts #5:Identify additional stipulations for specific animal types Residential Scale Poultry, rabbits, and similar sized small animals. Large Scale Horses, cows, and similar size livestock. Farm and Ranch Use Large Livestock Small Agriculture Animals 16 17 Planning and Zoning Commission Study Session was held on October 3, 2023, to discuss key topics and proposed code parameters. Commission Comments: Identifying appropriate lot size requirements. •GIS analysis was conducted to identify number properties greater than 20,000 sq. feet the zoning code amendment would apply. Nuisance impacts to neighbors due toodor and noise. •Data was retrieved from OVPD, Town Manager’s Office, and Pima County for animal nuisance calls. Potential impacts on Town staff timeand resources. •Staff is coordinating with Oro Valley Police Department and Town Legal Services to address nuisance from a zoning code perspective firstly and legal enforcement secondly. SFR Properties R1-20 and above - No HOA Proposed Allowed 18 581671087054292021 2022 2023 ANIMAL NUISANCE: “BARK” RELATED CALLS Pima County Animal Services Oro Valley Police Department Planning and Zoning Commission Study Session was held on October 3, 2023, to discuss key topics and proposed code parameters. Commission Comments: Identifying appropriate lot size requirements. •GIS analysis was conducted to identify number properties greater than 20,000 sq. feet the zoning code amendment would apply. Nuisance impacts to neighbors due toodor and noise. •Data was retrieved from OVPD, Town Manager’s Office, and Pima County for animal nuisance calls. Potential impacts on Town staff timeand resources. •Staff is coordinating with Oro Valley Police Department and Town Legal Services to address nuisance from a zoning code perspective firstly and legal enforcement secondly. * Counts of calls with “Bark” code recorded by OVPD Records for all animal types. ** Pima County data reported by zip codes in Oro Valley not Town limits. ** 19 Planning and Zoning Commission Study Session was held on October 3, 2023, to discuss key topics and proposed code parameters. Commission Comments: Identifying appropriate lot size requirements. •GIS analysis was conducted to identify number properties greater than 20,000 sq. feet the zoning code amendment would apply. Nuisance impacts to neighbors due toodor and noise. •Data was retrieved from OVPD, Town Manager’s Office, and Pima County for animal nuisance calls. Potential impacts on Town staff timeand resources. •Staff is coordinating with Oro Valley Police Department and Town Legal Services to address nuisance from a zoning code perspective firstly and legal enforcement secondly. 287179951326516783152161614411TOTAL CALLS ANIMAL PROBLEMS ANIMAL WELFARE CHECK OTHER ANIMAL RELATED CASES IN ORO VALLEY * 2021 2022 2023 *Numbers obtained through Spillman report narrowed by agency and nature.