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HomeMy WebLinkAboutPackets - Council Packets (488)         AGENDA  ORO VALLEY TOWN COUNCIL REGULAR SESSION July 5, 2017 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CAÑADA DRIVE         REGULAR SESSION AT OR AFTER 6:00 PM   CALL TO ORDER   ROLL CALL   PLEDGE OF ALLEGIANCE   UPCOMING MEETING ANNOUNCEMENTS   COUNCIL REPORTS   DEPARTMENT REPORTS   The Mayor and Council may consider and/or take action on the items listed below: 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. Proclamation - Drowning Impact Awareness Month - August 2017   2. Proclamation - Park and Recreation Month - July 2017   CONSENT AGENDA  (Consideration and/or possible action)   A. Minutes - June 21, 2017     B. Fiscal Year 2016/17 Financial Update through May 2017   C. Cancellation of the July 19, 2017 regular Town Council meeting   D. Request for approval of a Final Plat for the Alterra at Vistoso Trails residential subdivision, located along Moore Road approximately 1/4-mile east of Rancho Vistoso Boulevard   E. Request for approval of a block plat for the Villages at Silverhawke residential subdivision, located near the southeast corner of Tangerine Road and N. 1st Avenue   F. Resolution No. (R)17-29, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force   G. Resolution No. (R)17-30, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson, allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA)   H. Resolution No. (R)17-31, authorizing and approving an intergovernmental agreement between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners   I. Resolution No. (R)17-32, authorizing a Memorandum of Understanding (MOU) with the City Court of the City of Tucson for the Regional Municipalities Veteran's Treatment Court and payment   REGULAR AGENDA   1. DISCUSSION AND POSSIBLE APPROVAL OF INITIATION OF ZONING CODE AMENDMENTS TO EXPAND THE USE OF PRIMARY COLORS FOR USE ON ARCHITECTURAL FEATURES; REVISE THE PLACEMENT LOCATION CRITERIA FOR A-FRAME SIGNS AND REVISE THE PLACEMENT LOCATION AND SIZE CRITERIA FOR OUTDOOR DISPLAY OF MERCHANDISE   2. DISCUSSION AND POSSIBLE APPROVAL OF INITIATION OF A TYPE I GENERAL PLAN AMENDMENT TO EXTEND THE PLANNING BOUNDARY AND ADD A LAND USE DESIGNATION OF MASTER PLANNED COMMUNITY TO THE STATE OF ARIZONA OWNED PARCEL #21937003a, LOCATED AT THE NORTHWEST INTERSECTION OF W. TANGERINE ROAD AND N. COYOTE CROSSING TRAIL AND BORDERED BY W. MOORE ROAD AND N. THORNYDALE ROAD.   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)   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.   ADJOURNMENT     POSTED: 6/28/17 at 5:00 p.m. by pp When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.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. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Town Council during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the 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 when completing the blue speaker card. Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested in addressing. 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. Please organize your speech, you will only be allowed to address the Council once 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 issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation.    Town Council Regular Session Item # 1. Meeting Date:07/05/2017   Proclamation - Drowning Impact Awareness Month Information Subject Proclamation - Drowning Impact Awareness Month - August 2017 Summary Attachments Proclamation     Town Council Regular Session Item # 2. Meeting Date:07/05/2017   Proclamation - Park & Rec Month Information Subject Proclamation - Park and Recreation Month - July 2017 Summary Attachments Proclamation     Town Council Regular Session Item # A. Meeting Date:07/05/2017   Requested by: Mike Standish Submitted By:Michelle Stine, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Minutes - June 21, 2017 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 June 21, 2017 minutes.  Attachments 6-21-17 Draft Minutes  6-21-17 Minutes, Town Council Regular Session 1 MINUTES ORO VALLEY TOWN COUNCIL REGULAR SESSION June 21, 2017 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 6:00 PM CALL TO ORDER Mayor Hiremath called the meeting to order at 6:01 p.m. ROLL CALL PRESENT: Satish Hiremath, Mayor Lou Waters, Vice Mayor Joe Hornat, Councilmember Rhonda Piña, Councilmember Bill Rodman, Councilmember (attended via phone) Mary Snider, Councilmember Steve Solomon, Councilmember PLEDGE OF ALLEGIANCE Mayor Hiremath led the audience in the Pledge of Allegiance. UPCOMING MEETING ANNOUNCEMENTS Communications Administrator Misti Nowak announced the upcoming Town meetings and events. COUNCIL REPORTS Councilmember Snider recognized Aasim Ahmad, a Junior at BASIS Oro Valley, for his outstanding academic and athletic accomplishments and his service and contributions to the community. Councilmember Solomon along with Vice Mayor Waters attended the Arizona Historical Preservation Conference held at the Hilton Tucson El Conquistador Resort where they explained that Oro Valley valued natural, cultural and historical preservation. They stated that a large and enthusiastic crowd attended the Conference and that they received many compliments about Oro Valley. The attendants also toured Steam Pump Ranch. 6-21-17 Minutes, Town Council Regular Session 2 DEPARTMENT REPORTS No reports were received. ORDER OF BUSINESS Mayor Hiremath reviewed the order of business and stated that the order would stand as posted. INFORMATIONAL ITEMS There were no informational items. CALL TO AUDIENCE No comments were received. PRESENTATIONS There were no presentations. CONSENT AGENDA Councilmember Hornat requested that item (H) be removed from the Consent Agenda for discussion. A. Minutes - May 30 and June 7, 2017 B. Fiscal Year 2016/17 Financial Update through April 2017 C. Resolution No. (R)17-26, endorsing the consolidation of Golder Ranch Fire District and Mountain Vista Fire District D. Request for approval of Conceptual Architecture for Oro Valley Adult Medicine, a proposed medical office in the Mercado Del Rio Commercial Center, located near the northwest corner of Pusch View Lane and Oracle Rd. E. Request for approval of Conceptual Architecture for One AZ Credit Union, a proposed bank in the San Dorado Commercial Center, located on the northeast corner of 1st Avenue and Oracle Rd. F. Resolution No. (R)17-27, authorizing and approving an intergovernmental agreement between the Town of Oro Valley and the Pima County Recorder to provide election services for the November 7, 2017 Special Bond Election 6-21-17 Minutes, Town Council Regular Session 3 G. Resolution No. (R)17-28, amending Personnel Policy 2 – Definitions, and Personnel Policy 10 - Leaves MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve Consent Agenda items (A-G). MOTION carried, 7-0. H. Review and approval of the Planning Division Two Year Work Plan (Fiscal Years 17/18 and 18/19) Councilmember Hornat fully supported item #H as presented and requested an amendment to Town Code to remove term limits for Boards and Commissions. His reasoning was that it was difficult to get community members to serve on Boards and Commissions and also that existing members were good people who would like to continue serving. Councilmember Rodman supported Councilmember Hornat's request and added that it took time for members to learn the process and also that it was difficult to find people willing to give their time and expertise. MOTION AS AMENDED: A motion was made by Councilmember Hornat and seconded by Councilmember Rodman to approve the Planning division Two Year Work Plan (Fiscal Years 17/8 and 18/19) as provided in Attachment 1 with the addition of a new Work Plan item to look at removing term limits for Board and Commissio n members. MOTION carried, 7-0. REGULAR AGENDA 1. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING TWO REQUESTS RELATED TO THE PROPOSED VILLAGES AT SILVERHAWKE RESIDENTIAL SUBDIVISION, LOCATED ON THE SOUTHEAST CORNER OF TANGERINE ROAD AND N. 1ST AVENUE: A. GRADING EXCEPTION B. CONCEPTUAL SITE PLAN, LANDSCAPE PLAN AND RECREATION AREA PL AN Principal Planner Michael Spaeth gave an overview of items #1a and #1b and outlined the following: - Purpose - Rezoning Tentative Development Plan (TDP) - Item 1A - Grading Exception - Item 1B - Conceptual Site Plan 6-21-17 Minutes, Town Council Regular Session 4 - Public Participation - Summary and Recommendation Mayor Hiremath opened the public hearing. The following individual spoke in opposition of item #1a. Virginia Kacprzak Mayor Hiremath closed the public hearing. Discussion ensued amongst Council and staff regarding items #1a and #1b. MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Snider to approve the Grading Exception for the Villages at Silverhawke subdivision, subject to the conditions listed in Attachment 1, finding the request to be consiste nt with the evaluation criteria. Attachment 1 Villages at Silverhawke Grading Exception Conditions of Approval Planning Conditions 1. The Grading Exception is limited as described and depicted in Attachment 3, Exhibit “A”. The site shall conform to all other requirements related to grading provided in the Zoning Code. 2. All exposed cut slopes shall be treated with a restorative agent and revegetated to reflect existing MOTION carried, 7-0. MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Piña to approve the Conceptual Site Plan, Landscape Plan and Recreation Plan for the Villages at Silverhawke subdivision, subject to the conditions in Attachment 2, finding the request to be in conformance with the Design Principles and applicable Design Standards. Attachment 2 Villages at Silverhawke Conceptual Site Plan, Landscape Plan and Recreation Area Plan Conditions of Approval Planning Conditions 6-21-17 Minutes, Town Council Regular Session 5 1. Cultural resource area to be dedicated to the Town as part of the Final Plat for Phase 3. 2. Provide permanent fencing, (minimum 6 feet tall, made of solid, durable material (e.g. masonry, wrought iron, etc)), surrounding the entire cultural resource site. The fence shall include a gate for access and shall be architecturally consistent with the design of the Villages at Silverhawke subdivision. 3. Access and restriction signage is required at 100’ intervals on fence surrounding cultural resource site. Specific language to be approved by the Planning and Zoning Administrator and Parks and Recreation Director. 4. Access easement shall be provided on the Final Plat to Town for access to the Cultural Resource Site. 5. All disturbed Environmentally Sensitive Open Space areas shall be revegetated back to a natural condition using plants on the Town of Oro Valley approved Native Plant list. 6. Address all Planning staff comments in letter dated 5.18.2017 (letter attached at the end of these Minutes). Engineering Conditions 1. Address all Engineering staff comments in letter dated 5.23.2017 (letter attached at the end of these Minutes). MOTION carried, 7-0. 2. DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED CONCEPTUAL SITE PLAN AND LANDSCAPE PLAN FOR THE VIEWPOINTE II AT VISTOSO TRAILS SUBDIVISION, LOCATED ON MOORE ROAD APPROXIMATELY 1/4-MILE EAST OF THE RANCHO VISTOSO BOULEVARD AND MOORE ROAD INTERSECTION Principal Planner Michael Spaeth gave an overview of item #2 and outlined the following: - Purpose - Conceptual Site Plan - Conceptual Landscape Plan - Neighborhood Meeting - Summary and Recommendation Discussion ensued amongst Council and staff regarding item #2. 6-21-17 Minutes, Town Council Regular Session 6 MOTION: A motion was made by Councilmember Solomon and seconded by Vice Mayor Waters to approve the Conceptual Site Plan and Landscape Plan for the Viewpointe II at Vistoso Trails subdivision based on a finding that the request is consistent with the Conceptual Design Review Principals and Design Standards, as well as the Rancho Vistoso PAD. MOTION carried, 7-0. 3. DISCUSSION AND POSSIBLE ACTION TO AMEND THE FY 2016/17 ADOPTED BUDGET TO TRANSFER GENERAL FUND SURPLUS TO TOWN SELF-INSURANCE BENEFIT FUND AND COMMUNITY CENTER FUND, AND AUTHORIZE ADDITIONAL SURPLUS GENERAL FUNDS FOR THE REPAYMENT OF PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM (PSPRS) EXCESS CONTRIBUTIONS TO MEMBERS Finance Director Stacey Lemos presented item #3. Discussion ensued amongst Council and staff regarding item #3. MOTION: A motion was made by Councilmember Snider and seconded by Councilmember Piña to approve the transfer of the following amounts from the FY 2016/17 estimated General Fund surplus funds:  $300,000 to the Self -Insurance Benefit Fund  $350,000 to the Community Center Fund and further MOVE to approve the use of General Fund surplus funds for the lump sum refund of excess PSPRS contributions to all affected members, as specified by the PSPRS pension system. MOTION carried, 7-0. FUTURE AGENDA ITEMS Vice Mayor Waters requested a future agenda item to placed on the July 5, 2017 Town Council Agenda to amend the Zoning Code to include primary colors to the p alette for use on architectural features in Oro Valley, seconded by Councilmember Piña. Vice Mayor Waters requested a review of the rules governing the required visual support for applicants' development proposals, seconded by Mayor Hiremath. CALL TO AUDIENCE No comments were received. ADJOURNMENT 6-21-17 Minutes, Town Council Regular Session 7 MOTION: A motion was made by Vice Mayor Waters and seconded by Councilmember Piña to adjourn the meeting at 6:59 p.m. MOTION carried, 7-0. Prepared by: __________________________ Patti Perez Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Council of O ro Valley, Arizona held on the 21st day of June, 2017. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _____ day of ____________________, 2017. ___________________________ Michael Standish, CMC Town Clerk Town of Oro Valley Community Development and Public Works Oro Valley, it’s in our nature. 11000 N. La Cañada Drive Oro Valley, Arizona 85737 www.orovalleyaz.gov  phone: (520) 229-4800  fax: (520) 742-1022 May 18, 2017 Paul Oland The WLB Group Inc. 4444 E. Broadway Blvd. Tucson, AZ 85711 gpoland@wlbgroup.com Lisa Hoskin Meritage Homes 3275 W. Ina Road, Ste. 220 Tucson, AZ 85741 Lisa.hoskin@meritagehomes.com RE: The Villages at Silverhawke 5th Review: Conceptual Site Plan, Landscape Plan, Recreation Area Plan and Site Resource Inventory and Grading Exception, OV1600017. Dear Paul and Lisa, Thank you for your submittal of the aforementioned plans. Based on your recent submittal, staff offers the following comments. PLANNING Conceptual Site Plan All Sheets 1. Per our previous conversation, disturbed areas within RMA Tier 2 envelope are required to be revegetated back to a natural condition. Sheet 1 of 14 2. Remove General Note 10. 3. Add “as shown hereon” to the end of Planning General Note 9. Sheet 2 of 14 4. The eastern equestrian trail needs to be realigned to avo id the cultural resources site. Sheet 4 of 14 5. To minimize any Crime Prevention Thru Environmental Design (CPTED) issues and to meet the “well landscaped entries” design standard, the western portion of L ot 186 should be common area rather than included on lot. Sheet 7 of 14 6. Appropriate equestrian crossing needs to be provided across Silver Desert Place. Please contact Park & Recreation Department for specific design details. 7. An alternative design should be incorporated into the portion of Preserve Village Place near Lots 85-90 to avoid the adjacency of the cul-de-sac and the bulb. Sheet 9 of 14 8. To minimize potential impact to natural open space, provide pedestrian trail between Canyon Village Place and the multi-use path along Palisades Road. Sheet 10 of 14 9. To minimize potential impact to natural open space, provide pedestrian trail between Preserve Village Place and the multi-use path along Palisades Road. Sheet 12 of 14 10. Include label for areas designated as Resource Management Area Tier 2. Sheet 13 of 14 11. Include label for areas designated as Resource Management Area Tier 2. 12. Provide zoning designation and ownership information for commercial area. Conceptual Landscape and Irrigation Plan All sheets 13. Show all signage locations where applicable to ensure no conflict with proposed landscaping. 14. Per our previous conversation, disturbed areas within RMA Tier 2 envelope are required to be revegetated back to a natural condition, as opposed to simply “Hydro-seeded”. Sheet 2 of 8 15. One tree needs to be incorporated into the landscape island containing the gate entry pad on both Village Ridgeway Drive and Silver Ray Drive. 16. Lot 105 label is obscured. Adjust accordingly. Sheet 3 of 8 17. Additional trees are needed in the following locations: a. Adjacent to Lot 171 b. Common area north of Recreation Area “D” near intersection corner, outside of SVT. Sheet 4 of 8 18. Additional trees are needed in the following locations: a. Common area at rear of Lots 91/92 near street. Sheet 5 of 8 19. “Grading limit” label adjacent to Lot 118 is obscuring proposed landscaping. Adjust accordingly. Sheet 6 of 8 20. Remove the word “Preliminary” from label for multi-use path along Palisades Road. 21. To minimize potential impact to natural open space, provide pedestrian trail between Canyon Village Place and the multi-use path along Palisades Road. 22. To minimize potential impact to natural open space, provide pedestrian trail between Preserve Village Place and the multi-use path along Palisades Road. Sheet 7 of 8 23. Include protected cultural resource site. Sheet 8 of 8 24. Landscaping is required along Kai Drive. Recreation Area Plan Sheet 3 of 5 25. “Turf” label is misaligned. Revise accordingly. 26. Leader line for “Ramada and picnic tables” is misaligned. Revise accordingly. Sheet 5 of 5 27. Silver Ray Drive label is misaligned. Revise accordingly. Site Resource Inventory 28. Please contact Town staff to schedule an on-site meeting to discuss preservation of native plants. Grading Exception 29. All exposed cut slopes shall be treated with a restorative agent and revegetated to reflect existing native vegetation. All areas of disturbance shall be recontoured to mimic existing grades. ENGINEERING Memo forthcoming. WATER 30. Remove Water General Notes 5 and 6. Summary We look forward to working with toward the successful completion of your project. The above comments will be included as Conditions of Approval on the CDRB submittal and subsequent Town Council submittal. Should Town Council approve your request, all conditions of approval must be addressed as part of the Final Design Review submittal Please don’t hesitate to contact me should you have any questions. Best Regards, Michael Spaeth, AICP Senior Planner 520-229-4812 mspaeth@orovalleyaz.gov cc: Jeff Grobstein (Jeff.Grobstein@meritagehomes.com) Town of Oro Valley Development and Infrastructure Services Oro Valley, it’s in our nature. 11000 N. La Cañada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov | phone: (520) 229-4800 | fax: (520) 742-1022 May 23, 2017 David Little, P.E. The WLB Group, Inc. 4444 E. Broadway Blvd. Tucson, AZ 85711 Re: OV1600017, Engineering Comments for Conceptual Site Plan, Villages At Silverhawke, Lots 1 Thru 186 and C.A. “A” and “B”, 5th Submittal Dear David, The Town of Oro Valley’s Permitting Division has completed the fourth review of the Conceptual Site Plan submittal package and has provided comments below: GENERAL COMMENTS: CONCEPTUAL SITE PLAN 1. Address all redlined comments within the attached Conceptual Site Plan (CSP) and Conceptual Landscape Plan (CLP). Provide a comment response letter and return all redlined originals to the Town of Oro Valley. (Zoning Code Section 22.9.D.2.a) 2. The following redlined corrections can be made during the first submittal of the Final Site Plan Submittal Package. The CSP and CLP are deemed “conditionally approved”. (Town Zoning Code 22.9.E.2) 3. Please clarify the “LOT SIZE RANGE SHOWN = 6,537 S.F. to 12304 S.F.” as stated in Planning General Note #6 on Sheet 1/14. These numbers do not match what is stated in General Note #13. Please make any needed correction(s). (Town Zoning Code 22.9.E.2) 4. Please verify the “longitudinal grades” where redlined in Silver Ray Drive (Private). Additionally, please label “Silver Ray Drive (Private)” in Sheet 4/14. (Town Zoning Code 22.9.E.2) 5. Please provide “grouted rip-rap” on slopes that are labeled 1:1 between Lot 109 and Lot 110 where redlined on Sheet 4/14. Additionally, please provide a longitudinal slope of 1.0% (MIN) between these two proposed lots. The proposed longitudinal slope of 0.5% is too flat and storm water will not flow from between these lots. (Town Zoning Code 22.9.E.2) 6. Please label Lot 52 to read Lot 49 on Sheet 6/14. (Town Zoning Code 22.9.E.2) 7. Please clarify if the redlined “curb access ramps” where Village Vista Drive (PVT.) intersects Canyon Village Place (PVT.) are the correct curb access ramps to be used in this application. Please make any needed changes on Sheet 6/14. (Town Zoning Code 22.9.E.2) Oro Valley, it’s in our nature. 11000 N. La Cañada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov | phone: (520) 229-4800 | fax: (520) 742-1022 8. Please provide “fill slopes” with slope arrows and slope angles (e.g., 4:1, 3:1, 2.1, etc) where redlined on the area between Preserve Village Place (PVT) and Lots 94 through 91 on Sheet 7/14. (Town Zoning Code 22.9.E.2) 9. Please clarify if the 3:1 fill slope on the northeast corner of Lot 5 on Sheet 9/14 should be rip- rapped. Please make any needed correction and/or additions. (Town Zoning Code 22.9.E.2) 10. Please provide additional “Block Curb Access Ramps” as redlined on the north side of Kai Drive Public. (Town Zoning Code 22.9.E.2) GENERAL COMMENTS: CONCEPTUAL LANDSCAPE PLAN General Comments 11. Please re-insert Note #27 to read, “Materials within Sight Visibility Triangles” must be placed so as not to interfere with a visibility plane described by two horizontal lines located thirty (30) inches and seventy-two (72) inches above the finished grade of the roadway surface” on Sheet 1/8. (Oro Valley Subdivision Street Standards: Sec 4.8: Intersection Sight Distance) 12. Please remove the smaller font Lot numbers which are circled in red pencil on Sheet 2/8 and Sheet 3/8. (Town Zoning Code 22.9.E.2) 13. Please provide the missing Sight Visibility Triangles (SVTs) boundary lines which are missing at all SVTs within the Conceptual Site Plan (CSP) bond set sheets. (Town Zoning Code 22.9.E.2) 14. Please delete the “Proposed Water Easement” with its’ location arrow on the north side of Kai Drive where redlined on Sheet 2/8. (Town Zoning Code 22.9.E.2) 15. Please provide the missing line-work at the parking stall locations where redlined on Silver Canyon Place on Sheet 2/8 and Sheet 3/8. (Town Zoning Code 22.9.E.2) 16. Please provide “curb access ramps” where redlined at the northern sidewalk locations on Kai Drive on Sheet 2/8. (Town Zoning Code 22.9.E.2) 17. Please remove the proposed sewer manhole symbols that are redlined on Sheet 3/8. (Town Zoning Code 22.9.E.2) 18. Please increase the Lot Number’s Fonts on Sheet 4/8 to match what is shown on Sheet 2/8 and Sheet 3/8. (Town Zoning Code 22.9.E.2) 19. Please delete the proposed sewer manhole / sewer pipe-work and water pipe line-work that is shown on Sheet 4/8, Sheet 5/8, and Sheet 6/8 to match what is shown on other sheets.(Town Zoning Code 22.9.E.2) 20. Please clarify the type of curb access ramps proposed at the Village Vista Drive / Canyon Village Place intersection where redlined. It appears the two (2) curb access ramps that are circled in red on Sheet 4/8 should be replaced with another type of curb access ramp. (Town Zoning Code 22.9.E.2) TRAFFIC IMPACT ANALYSIS (David Laws & Cheryl Huelle) General Comments 21. Access, Kai Drive (Page 13): The 2nd paragraph text states that the Oro Valley Retail Center intersection’s “…eastbound approach will be restriped as part of the new Oro Valley, it’s in our nature. 11000 N. La Cañada Drive, Oro Valley, Arizona 85737 www.orovalleyaz.gov | phone: (520) 229-4800 | fax: (520) 742-1022 development as an exclusive left turn lane and an exclusive right turn lane.” Please clarify to indicate how or if through traffic is to be accommodated. 22. Access, North Driveway (Page 13): The 5th paragraph text states that “…the westbound movement will be offered a shared left turn/through lane.” However, other areas of the TIA including the Turn Lane Analysis and Conclusion sections state that a dedicated left-turn lane is warranted at this location. Please clarify as a turn lane warrant analysis was not able to be located within the appendix. If you have any questions, please call me at (520) 229-4823. Sincerely, Marvin Miller Engineering Design Reviewer Attachment: Redlined CSP (4th Submittal), CLP (4th Submittal), & Comment Letter CC: File    Town Council Regular Session Item # B. Meeting Date:07/05/2017   Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance Department:Finance Information SUBJECT: Fiscal Year 2016/17 Financial Update through May 2017 RECOMMENDATION: This item is for information only. EXECUTIVE SUMMARY: In the General Fund (see Attachment A), revenues collected through May totaled $32.1 million or 97.0% of the budget amount of $33.1 million. Year-to-date expenditures through May totaled $28.1 million or 84.7% of the budget amount of $33.2 million. In the Highway Fund (see Attachment B), revenues collected through May totaled $3.3 million or 90.7% of the budget amount of $3.6 million. Year-to-date expenditures through May totaled $3.9 million or 83.1% of the budget amount of $4.7 million.  In the Bed Tax Fund (see Attachment C), revenues collected through May totaled $940,319 or 86.1% of the budget amount of $1.1 million. Year-to-date expenditures through May totaled $835,024 or 69.9% of the budget amount of $1.2 million. In the Community Center Fund (see Attachments D-1, D-2 and D-3), revenues collected through May totaled $5.6 million or 84.7% of the budget amount of $6.6 million. Year-to-date expenditures through May totaled $5.9 million or 85.1% of the budget amount of $6.9 million. BACKGROUND OR DETAILED INFORMATION: GENERAL FUND Attachment A shows General Fund revenues and expenditures through May, as well as year-end estimates for each category. The estimated year-end projections in the General Fund are as follows: Revenues                                               $35,148,888 Less: Expenditures                                          ($32,677,268) Less: Council-Approved Use of Contingency:  - Town Manager Recruitment Process          ($30,000)   Approved July 6, 2016 Estimated Increase in Fund Balance $ 2,441,641 General Fund Revenues  Local sales tax collections in the General Fund total $15.5 million or 99.0% of the budget amount of $15.7 million. These revenues are estimated to come in over budget by about $875,000 or 5.6%, due primarily to construction sales tax collections. Please see Attachment F for a monthly, year-over-year tracking of General Fund local sales tax collections, including construction and utility sales tax. License and permit revenues total $2.1 million or 130.4% of the budget amount of $1.6 million. These revenues are estimated to come in over budget by about $594,000 or 36.7%, based on current trends and updated forecasts for residential and commercial permitting activity through the remainder of the fiscal year.  State shared revenues total $10.1 million or 93.6% of the budget amount of $10.8 million. These revenues are estimated to come in over budget by about $293,000 or 2.7% due to vehicle license taxes and state-shared income taxes. These budgets were set conservatively due to the unknown impact of special census efforts undertaken across numerous Phoenix Valley communities last year.  Charges for services revenues total $2.0 million or 95.9% of the budget amount of $2.1 million. These revenues are estimated to come in over budget by about $83,000 or 3.9% based on trending actual collections through year-end. Interest income revenues reflect a net gain of about $47,000 through May. Rising interest rates have caused increased volatility in the Town's investment portfolio. While this may cause temporary fluctuation as market values decline due to rising yields (market values move inversely to the direction of interest rates), this volatility tends to average out over longer periods of time as funds are invested at higher yields. For FY 16/17, these revenues are estimated to come in under budget by about $38,000 or 42.5%. State grant revenues are estimated to come in under budget by about $140,000 or 62.6% due to budgeted grant proceeds that will not be utilized this fiscal year.  Intergovernmental revenues are estimated to come in over budget by about $138,000 or 8.8% due to anticipated RTA reimbursements for Transit.  Miscellaneous revenues are estimated to come in over budget by about $208,000 or 148.7% due to in-lieu income and insurance recoveries. Please note that all year-end estimates are subject to change. General Fund Expenditures  Expenditures are projected to come in under budget by about $524,000 or 1.6% due to estimated personnel savings, capital savings for grant capacity that will not be utilized, and operations & maintenance (O&M) savings in several departments. Please note all figures are subject to change.  HIGHWAY FUND Highway Fund Revenues  State shared highway user funds total $2.9 million or 97.9% of the budget amount of $3.0 million. These revenues are estimated to come in over budget by about $242,000 or 8.1%. This budget was set conservatively due to the unknown impact of special census efforts undertaken across numerous Phoenix Valley communities last year. The year-end estimate also includes one-time proceeds of approximately $125,000 from House Bill 2708 passed last year, which allocates one-time, additional HURF monies to incorporated cities and towns for Fiscal Year 16/17. Charges for services revenues reflect Highway Fund services provided to the Stormwater Utility Fund. These revenues are estimated to come in under budget by about $74,000 or 55.5%, based on trending actuals through year-end.  State grant revenues are estimated to come in over budget by about $32,000 or 16.3%, due to actual and remaining estimated reimbursements for contract administration of PAG and RTA-funded roadway widening projects.  Interest income revenues are estimated to come in under budget by about $12,000 or 42.6%. Please reference the discussion on interest income revenues in the General Fund notes above. License and permit revenues total $67,728 or 129.0% of the budget amount of $52,500. These revenues are estimated to come in over budget by about $21,000 or 40.4% based on trending actual collections through year-end.  Miscellaneous revenues are estimated to come in under budget by about $76,000 or 94.5%. Of this amount, $70,000 reflects budgeted proceeds from property owners for the Safeway (1st Ave) Safety CIP project. This project will roll over into FY 17/18.  Please note that all year-end estimates are subject to change. Highway Fund Expenditures  Expenditures are projected to come in under budget by about $275,000 or 5.8%. Of this amount, $250,000 is due to the rollover of the Safeway (1st Ave) Safety CIP project as referenced above, while the remaining $25,000 is due to estimated personnel savings. Please note these figures are subject to change.  BED TAX FUND Bed Tax Fund Revenues  Bed tax revenues total $935,915 or 86.2% of the budget amount of $1.1 million. These revenues are estimated to come in under budget by about $45,000 or 4.1%, based on current trends. Interest income revenues reflect a net gain of $904 through May, and are estimated to come in under budget by about $5,000 or 80.7%. Please reference the discussion on interest income revenues in the General Fund notes above.  The miscellaneous revenues of $3,500 are due to a donation for the Town's annual tree lighting event.  Please note all year-end estimates are subject to change.  Bed Tax Fund Expenditures  Expenditures are estimated to come in under budget by $6,000 due to estimated O&M savings. Please note these estimated savings are subject to change. COMMUNITY CENTER FUND Attachment D-1 shows the consolidated financial status of the Community Center Fund with all revenues and expenditures from Troon and Town-managed operations.  Attachment D-2 shows the monthly line item detail for the Troon-managed operations, specifically revenues and expenditures associated with the golf, tennis and food and beverage operations. The totals in the revenue and expenditure categories in Attachment D-2 tie to the Contracted Operating Revenues and Expenditures in Attachment D-1. Attachment D-3 shows the revenues and expenditures for the Troon-managed food and beverage operations only.  Community Center Fund Revenues  Local sales tax revenues from the dedicated half-cent sales tax total roughly $2.0 million or 95.3% of the budget amount of $2.1 million. These revenues are estimated to come in over budget by about $96,000 or 4.6% due to healthy growth being observed in retail and restaurant/bar sales tax collections. Please note this estimate is subject to change. Contracted operating revenues from Troon total about $2.8 million, or 74.3% of the budget amount of $3.7 million. These revenues are estimated to come in under budget by about $746,000 or 19.9%, based on Troon's forecast through the remainder of the fiscal year.  Town operating revenues total $790,150 or 107.2% of the budget amount of $737,200. These revenues are estimated to come in over budget by about $134,000 or 18.2%, due mainly to member dues and recreation program revenues.  Community Center Fund Expenditures  Contracted operating expenditures from Troon total $5.0 million or 95.0% of the budget amount of $5.3 million. These expenditures are estimated to come in over budget by about $175,000 or 3.3%, due to increased water use driven by unseasonably warm weather throughout the spring and into summer.  Town operating expenditures are projected to come in on budget at this time.  Capital outlay totals $72,392, due mainly to cart path improvements and fitness equipment upgrades. Capital expenditures are projected to come in under budget by about $455,000 or 86.3%. This is due primarily to the timing of the ADA improvements budgeted at the Community Center.  Year-end expenditure estimates include the annual loan repayment of $120,000 to the General Fund.  Please see Attachments A, B, and C for additional details on the General Fund, Highway Fund and Bed Tax Fund. See Attachments D-1, D-2 and D-3 for additional details on the Community Center Fund.  See Attachment E for a fiscal year-to-date consolidated summary of all Town Funds. See Attachment F for a breakdown of monthly, year-over-year local sales tax collections for the General Fund. FISCAL IMPACT: N/A SUGGESTED MOTION: This item is for information only. Attachments Attachment A - General Fund  Attachment B - Highway Fund  Attachment C - Bed Tax Fund  Attachment D-1 Community Center Fund  Attachment D-2 Troon Cash Flow  Attachment D-3 Troon F&B  Attachment E - Summary All Funds  Attachment F - Gen Fund Local Sales Tax  ATTACHMENT A May YTD Financial Status General Fund % Budget Completion through May --- 91.7% % Actuals YE % Variance to Budget to Budget REVENUES: LOCAL SALES TAX 15,489,622 15,653,000 99.0% 16,528,164 5.6% LICENSES & PERMITS 2,106,983 1,615,500 130.4% 2,209,100 36.7% FEDERAL GRANTS 363,552 478,284 76.0% 475,136 -0.7% STATE GRANTS 82,285 223,100 36.9% 83,400 -62.6% STATE/COUNTY SHARED 10,132,346 10,824,605 93.6% 11,117,267 2.7% OTHER INTERGOVERNMENTAL 1,432,937 1,554,463 92.2% 1,692,006 8.8% CHARGES FOR SERVICES 2,041,892 2,128,601 95.9% 2,211,202 3.9% FINES 120,019 130,000 92.3% 128,064 -1.5% INTEREST INCOME 47,045 89,200 52.7% 51,322 -42.5% MISCELLANEOUS 330,754 140,000 236.3% 348,227 148.7% TRANSFERS IN - 305,000 0.0%305,000 0.0% TOTAL REVENUES 32,147,434 33,141,753 97.0% 35,148,888 6.1% % Actuals YE % Variance to Budget to Budget EXPENDITURES: COUNCIL 183,070 220,559 83.0% 220,559 0.0% CLERK 329,928 458,863 71.9% 403,211 -12.1% MANAGER 661,555 801,540 82.5% 801,540 0.0% HUMAN RESOURCES 278,652 368,605 75.6% 349,799 -5.1% FINANCE 643,349 773,591 83.2% 762,828 -1.4% INFORMATION TECHNOLOGY 1,433,261 1,691,676 84.7% 1,691,676 0.0% GENERAL ADMINISTRATION 1,477,379 1,736,450 85.1% 1,736,450 0.0% LEGAL 627,096 773,003 81.1% 737,571 -4.6% COURT 717,200 845,938 84.8% 845,579 0.0% COMM. DEV. & PUBLIC WORKS 4,836,037 6,084,804 79.5% 5,723,426 -5.9% PARKS & RECREATION 1,665,184 1,977,326 84.2% 1,953,780 -1.2% POLICE 13,558,449 15,643,620 86.7% 15,628,545 -0.1% TRANSFERS OUT 1,719,304 1,825,304 94.2%1,822,304 -0.2% TOTAL EXPENDITURES 28,130,464 33,201,279 84.7% 32,677,268 -1.6% SURPLUS / (DEFICIT) 4,016,970 (59,526) 2,471,621 BEGINNING FUND BALANCE 10,524,552 Plus: Surplus / (Deficit)2,471,621 Less: Approved Use of Contingency Reserves during FY 16/17: Town Manager Recruitment Process (30,000) ENDING FUND BALANCE **12,966,173 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision FY 2016/2017 Year End Estimate * Budget Year End Estimate * Actuals thru 5/2017 Actuals thru 5/2017 Budget F:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\May FY 17 Monthly Report 06/23/2017 ATTACHMENT B May YTD Financial Status FY 2016/2017 % Budget Completion through May --- 91.7% Actuals thru 5/2017 Budget % Actuals to Budget Year End Estimate * YE % Variance to BudgetREVENUES: LICENSES & PERMITS 67,728 52,500 129.0% 73,715 40.4% STATE GRANTS 203,427 195,000 104.3% 226,822 16.3% STATE/COUNTY SHARED 2,935,842 3,000,000 97.9% 3,241,545 8.1% CHARGES FOR SERVICES 29,803 134,000 22.2% 59,606 -55.5% INTEREST INCOME 15,485 28,600 54.1% 16,405 -42.6% MISCELLANEOUS 3,398 80,000 4.2% 4,383 -94.5% TRANSFERS IN - 100,000 0.0%100,000 0.0% TOTAL REVENUES 3,255,683 3,590,100 90.7% 3,722,475 3.7% Actuals thru 5/2017 Budget % Actuals to Budget Year End Estimate * YE % Variance to BudgetEXPENDITURES: ADMINISTRATION 733,394 831,188 88.2% 819,624 -1.4% TRANSPORTATION ENGINEERING 622,983 584,522 106.6% 727,617 24.5% PAVEMENT MANAGEMENT 1,090,218 1,278,095 85.3% 1,254,981 -1.8% STREET MAINTENANCE 1,078,955 1,205,718 89.5% 1,183,251 -1.9% TRAFFIC ENGINEERING 393,011 814,412 48.3%453,386 -44.3% TOTAL EXPENDITURES 3,918,562 4,713,935 83.1% 4,438,859 -5.8% SURPLUS / (DEFICIT) (662,879) (1,123,835) (716,384) BEGINNING FUND BALANCE 2,028,184 Plus: Surplus / (Deficit)(716,384) ENDING FUND BALANCE **1,311,800 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision Highway Fund F:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\May FY 17 Monthly Report 06/23/2017 ATTACHMENT C May YTD Financial Status % Budget Completion through May --- 91.7% % Actuals YE % Variance to Budget to Budget REVENUES: BED TAXES 935,915 1,085,805 86.2% 1,040,779 -4.1% INTEREST INCOME 904 6,200 14.6% 1,196 -80.7% MISCELLANEOUS 3,500 - 0.0%3,500 0.0% TOTAL REVENUES 940,319 1,092,005 86.1% 1,045,475 -4.3% % Actuals YE % Variance to Budget to Budget EXPENDITURES: ECONOMIC DEVELOPMENT 543,162 684,689 79.3% 678,689 -0.9% TRANSFERS OUT 291,862 510,194 57.2%510,194 0.0% TOTAL EXPENDITURES 835,024 1,194,883 69.9% 1,188,883 -0.5% SURPLUS / (DEFICIT) 105,296 (102,878) (143,408) BEGINNING FUND BALANCE 492,377 Plus: Surplus / (Deficit)(143,408) ENDING FUND BALANCE **348,969 * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision FY 2016/2017 Year End Estimate * Budget Year End Estimate * Bed Tax Fund Budget Actuals thru 5/2017 Actuals thru 5/2017 F:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\May FY 17 Monthly Report 06/23/2017 ATTACHMENT D-1 May YTD Financial Status % Budget Completion through May --- 91.7% % Actuals YE % Variance to Budget to Budget REVENUES: CONTRACTED OPERATING REVENUES Golf Revenues 954,148 1,193,656 79.9% 1,001,937 -16.1% Member Dues (Golf) 667,385 1,153,655 57.8% 729,540 -36.8% Tennis Revenues 304,358 322,640 94.3% 336,933 4.4% Food & Beverage 662,361 813,575 81.4% 716,361 -11.9% Merchandise & Other 194,476 261,489 74.4%214,264 -18.1% 2,782,728 3,745,014 74.3% 2,999,035 -19.9% TOWN OPERATING REVENUES Daily Drop-Ins 25,107 25,000 100.4% 26,500 6.0% Member Dues 622,333 606,000 102.7% 678,769 12.0% Recreation Programs 134,312 101,500 132.3% 155,000 52.7% Swim Team/Swim Lessons 4,283 - 0.0% 6,000 0.0% Facility Rental Income 3,672 3,700 99.3% 4,325 16.9% Concession Sales 443 1,000 44.3%500 -50.0% 790,150 737,200 107.2% 871,094 18.2% OTHER REVENUES Local Sales Tax 2,006,982 2,105,163 95.3% 2,201,350 4.6% Real Property Rental Income 19,502 27,861 70.0% 19,502 -30.0% Miscellaneous 4,372 - 0.0% 4,372 0.0% Sale of Assets 739 - 0.0%739 0.0% 2,031,595 2,133,024 95.2% 2,225,963 4.4% TOTAL REVENUES 5,604,473 6,615,238 84.7% 6,096,092 -7.8% % Actuals YE % Variance to Budget to Budget EXPENDITURES: CONTRACTED OPERATING EXPENDITURES Personnel 1,896,640 2,110,584 89.9% 2,051,309 -2.8% Operations & Maintenance 2,787,494 2,818,367 98.9% 3,037,903 7.8% Equipment Leases 333,762 350,568 95.2%365,184 4.2% 5,017,896 5,279,519 95.0% 5,454,396 3.3% TOWN OPERATING EXPENDITURES Personnel 599,801 736,944 81.4% 717,370 -2.7% Operations & Maintenance 171,267 223,740 76.5%243,315 8.7% 771,068 960,684 80.3% 960,684 0.0% CAPITAL OUTLAY 72,392 527,200 13.7% 72,414 -86.3% TRANSFER TO GENERAL FUND - 120,000 0.0% 120,000 0.0% TOTAL EXPENDITURES 5,861,356 6,887,403 85.1% 6,607,494 -4.1% SURPLUS / (DEFICIT) (256,883) (272,165) (511,402) BEGINNING FUND BALANCE 161,744 Plus: Surplus / (Deficit)(511,402) ENDING FUND BALANCE **(349,658) * Year-end estimates are subject to further revision ** Ending fund balance amounts are estimates and are subject to further revision FY 2016/2017 Actuals thru 5/2017 Budget Year End Estimate * Community Center Fund Actuals thru 5/2017 Budget Year End Estimate * F:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\May FY 17 Monthly Report 06/23/2017 ATTACHMENT D-2TROONEl Conquistador Cash Flow StatementActualActualActualActualActualActualActualActualActualActualActualActual Original BudgetForecastJul-16Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17Apr-17 May-17 TOTAL TOTAL TOTALRevenues:Golf Fees, net of discounts13,421 12,438 29,818 37,695 57,404 50,704 67,620 129,000 164,495 95,673 49,911 708,179 1,003,084 742,589 Trail Fees & Member Cart Fees13,183 13,026 17,540 16,253 17,263 16,744 17,130 17,514 18,079 17,122 19,960 183,814 144,772 194,743 Golf - Group Services- - 366 204 100 - 357 570 494 86 262 2,439 825 2,439 Range, Rentals, Other Golf related2,137 2,819 2,802 5,096 4,344 3,748 4,331 5,544 7,409 5,599 4,007 47,836 36,200 49,636 Golf Lessons 220 350 330 390 420 1,025 485 1,560 685 425 815 6,705 7,575 7,355 Income - Golf Schools - - 930 570 450 - 1,110 600 765 750 - 5,175 1,200 5,175 Total Member Dues 65,770 63,223 57,544 58,303 58,455 59,444 59,719 61,850 60,821 61,912 60,344 667,385 1,153,655 729,540 Other Member Income - - - - 99 43 33 522 290 159 389 1,535 - 1,535 Swim/Tennis Revenues 28,760 16,054 24,118 48,351 23,168 24,304 24,345 23,519 30,501 31,733 29,505 304,358 322,640 336,933 Income - Other (non - golf) 15 4 - 3 949 1 245 160 1,767 4,870 43 8,057 - 8,057 Merchandise, net of discounts 8,602 6,399 9,316 13,809 29,093 28,723 9,766 14,595 21,186 26,203 17,192 184,884 261,489 204,672 Food and Beverage, net of discounts 38,616 32,146 47,092 46,781 67,435 71,663 65,319 74,195 82,751 68,313 68,050 662,361 813,575 716,361 Total Revenues 170,724 146,459 189,856 227,455 259,180 256,399 250,460 329,629 389,243 312,845 250,478 2,782,728 3,745,014 2,999,035 Cost of Sales:COS - Golf- - - - - - - - - - - - 660 - COS - Group Services Golf414 - 304 - 212 234 357 570 494 86 20 2,691 - 2,691 COS - Golf Lessons 100 299 - 312 336 820 369 1,248 612 340 652 5,088 6,818 5,673 COS - Golf Schools - - - - 1,560 - 768 480 612 - - 3,420 - 3,420 COS - Service Commissions 15,157 13,664 21,884 24,113 21,048 16,172 20,666 17,711 18,106 21,365 19,910 209,796 185,460 231,636 COS - Merchandise, net of discounts 6,471 8,132 7,074 7,232 19,294 20,215 8,078 9,449 6,905 19,595 11,274 123,719 163,923 135,707 COS - Food & Beverage 18,423 14,376 18,247 18,347 28,106 26,580 24,617 23,583 32,981 26,829 23,019 255,108 273,305 277,751 Total Cost of Sales 40,565 36,471 47,509 50,004 70,556 64,021 54,855 53,041 59,710 68,215 54,875 599,822 630,166 656,878 Gross Profit130,159 109,988 142,347 177,451 188,624 192,378 195,605 276,588 329,533 244,630 195,603 2,182,906 3,114,849 2,342,157 Operating Expenses:Payroll 122,653 120,370 134,959 149,276 145,137 129,860 137,991 135,665 150,272 139,163 136,918 1,502,264 1,667,026 1,627,332 Employee Benefits 28,945 26,612 27,453 30,821 30,591 30,383 39,994 38,733 37,483 35,255 33,509 359,779 394,021 385,405 Employee Related 2,203 2,964 2,422 5,651 2,550 2,592 2,552 2,254 2,731 5,723 2,955 34,597 49,537 38,572 Professional Fees - - - - - 1 - - - - - 1 300 1 Advertising & Marketing5,325 6,284 5,908 6,820 8,621 12,094 7,019 9,714 7,813 7,227 5,930 82,755 47,900 85,193 Repair & Maintenance 26,096 37,763 66,619 74,581 38,975 10,639 20,267 17,931 21,780 16,384 27,436 358,471 545,025 388,896 Operating Expenses 26,874 19,567 17,787 27,648 25,215 27,045 24,254 23,158 27,054 28,607 25,602 272,811 304,467 293,644 Total Operating Expenses 212,096 213,560 255,148 294,797 251,089 212,614 232,077 227,455 247,133 232,359 232,350 2,610,678 3,008,275 2,819,043 Operating Profit(81,937) (103,572) (112,801) (117,346) (62,465) (20,236) (36,472) 49,133 82,400 12,271 (36,747) (427,772) 106,573 (476,886) Leases - Carts 8,250 - 16,500 - 19,597 - 9,282 9,282 9,282 9,282 10,392 91,865 99,000 100,038 Leases - Equipment 20,377 23,771 20,377 22,074 22,267 22,074 23,771 20,377 23,771 20,377 22,661 241,897 251,568 265,145 Utilities 112,444 111,463 111,776 109,530 114,039 117,277 116,098 117,631 114,354 115,419 194,671 1,334,702 1,144,898 1,462,223 Fixed Operating Expenses 141,071 135,234 148,653 131,604 155,904 139,351 149,150 147,290 147,406 145,078 227,723 1,668,464 1,495,466 1,827,407 Gross Operating Profit(223,008) (238,806) (261,454) (248,950) (218,369) (159,587) (185,622) (98,157) (65,006) (132,807) (264,470) (2,096,236) (1,388,892) (2,304,293) Insurance 88 88 97 97 97 97 97 97 97 97 97 1,049 1,613 1,185 Fees, Permits & Licenses 84 102 - 1 - 156 - 10 - 34 - 387 - 387 Base Management Fees 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 132,000 144,000 144,000 Bad Debt 300 - 42 - - 8 534 - - 16 4,596 5,496 - 5,496 Total Other Expenses 12,472 12,190 12,139 12,098 12,097 12,261 12,631 12,107 12,097 12,147 16,693 138,932 145,613 151,068 Net Operating Income (Loss) (235,480) (250,996) (273,593) (261,048) (230,466) (171,848) (198,253) (110,264) (77,103) (144,954) (281,163) (2,235,168) (1,534,505) (2,455,361) 06/23/2017 ATTACHMENT D-3 ACTUAL BUDGET ACTUAL BUDGET MONTH MONTH Y-T-D Y-T-D FOOD & BEVERAGE REVENUE 68,050 65,625 662,359 759,575 TOTAL REVENUES 68,050 65,625 662,359 759,575 COST OF SALES 23,019 21,581 255,101 255,055 PAYROLL & BENEFITS 37,226 34,959 428,356 380,439 OPERATING EXPENSES 6,594 5,675 78,111 75,550 NET INCOME (LOSS)1,211 3,410 (99,209)48,531 EL CONQUISTADOR INCOME STATEMENT CONSOLIDATED - RESTAURANT/GRILLE - MAY 2017 06/23/2017 ATTACHMENT EConsolidated Year-to-Date Financial Report through May, 2017FY 2016/2017FY 16/17 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru May 2017General Fund - Unassigned 9,082,691 32,147,434 - 32,147,434 1,764,757 19,748,875 6,390,727 226,106 - - 28,130,464 13,099,661 General Fund - Assigned 1,441,861 - 1,441,861 Highway Fund - Restricted 2,028,184 3,255,683 - 3,255,683 38,032 1,698,814 933,422 1,248,294 - - 3,918,562 1,365,305 Seizure & Forfeiture - Justice/State 10,540 376,959 - 376,959 - 32,095 23,752 - - - 55,847 331,651 Bed Tax Fund - Committed 492,377 940,319 - 940,319 291,862 222,658 320,504 - - - 835,024 597,672 Impound Fee Fund 45,813 34,050 - 34,050 - 49,496 - - - - 49,496 30,367 Community Center Fund 161,744 5,604,473 - 5,604,473 333,762 599,801 4,855,401 72,392 - - 5,861,356 (95,138) Municipal Debt Service Fund 62,486 162,740 471,472 634,212 - - 24,759 - - 615,715 640,474 56,224 Oracle Road Debt Service Fund 6,968 166,370 - 166,370 - - 2,723 - - 158,351 161,074 12,264 Alternative Water Resources Dev Impact Fee Fund 5,040,292 1,532,257 - 1,532,257 - - 173,257 17,567 - - 190,824 6,381,726 Potable Water System Dev Impact Fee Fund 5,068,238 765,548 - 765,548 - - - - - 288,713 288,713 5,545,073 Townwide Roadway Development Impact Fee Fund 3,215,256 734,372 - 734,372 - - - 1,001,695 - - 1,001,695 2,947,933 Parks & Recreation Impact Fee Fund 322,358 277,724 - 277,724 112,600 - - - - - 112,600 487,481 Library Impact Fee Fund 49,680 150,000 - 150,000 - - - 199,680 - - 199,680 - Police Impact Fee Fund 333,541 161,707 - 161,707 - - - - - - - 495,248 General Government Impact Fee Fund 3,515 8 - 8 - - - - - - - 3,523 General Government CIP Fund 719,009 60,909 1,693,268 1,754,177 - 117,410 1,702 641,722 - - 760,833 1,712,352 PAG/RTA Fund 621,982 3,523,631 - 3,523,631 - 95,590 - 3,230,018 - - 3,325,608 820,005 Water Utility11,974,860 14,037,815 - 14,037,815 2,942 2,629,485 6,259,389 2,657,136 - 4,174,500 15,723,451 10,289,224 Stormwater Utility272,747 1,205,299 - 1,205,299 - 382,367 304,258 93,673 - - 780,299 697,746 Fleet Fund 569,439 1,548,133 - 1,548,133 - 75,985 526,669 623,544 - - 1,226,198 891,374 Benefit Self Insurance Fund 31,200 2,709,849 - 2,709,849 - - 2,874,831 1,502 - - 2,876,333 (135,283) Recreation In-Lieu Fee Fund 15,718 - - - - - - - - - - 15,718 Energy Efficiency Project Fund - - 2,000,000 2,000,000 - - 49,750 854,572 - - 904,322 1,095,678 Capital Project Bond Fund - - - - - - - - - - - - Total 41,570,499 69,395,281 4,164,740 73,560,021 2,543,955 25,652,575 22,741,143 10,867,901 - 5,237,280 67,042,855 48,087,665 Total OutPersonnel O&M Capital ContingencyFund RevenueOther Fin Sources/TfrsTotal InDebt ServiceF:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\Attachment E - Summary All Funds06/23/2017 ATTACHMENT FGeneral Fund Local Sales Tax CollectionsFY 2016/17CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 211,862 188,622 464,738 331,337 302,776 310,738 553,592 307,122 457,822 400,603 660,930 4,190,142 Utility Sales Tax 256,758 319,698 294,983 273,535 216,045 210,750 210,159 235,740 210,303 197,163 205,177 2,630,311 Retail Sales Tax 498,390 460,006 467,191 491,196 495,453 598,150 774,898 489,541 512,147 544,825 565,002 5,896,799 All Other Local Sales Tax *171,723 170,598 181,484 157,224 196,370 185,762 203,062 196,780 236,388 188,520 220,840 2,108,752 TOTAL 1,138,733$ 1,138,924$ 1,408,396$ 1,253,292$ 1,210,644$ 1,305,400$ 1,741,712$ 1,229,183$ 1,416,660$ 1,331,110$ 1,651,949$ 14,826,004$ FY 2015/16CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 193,497 160,759 190,812 234,763 222,548 254,307 260,568 107,429 263,734 235,835 109,928 173,567 2,407,746 Utility Sales Tax 257,552 312,494 304,666 286,667 243,827 195,345 242,200 268,984 222,718 193,630 196,712 205,330 2,930,124 Retail Sales Tax 441,557 415,209 393,690 403,193 413,231 525,645 688,527 426,418 433,139 511,289 472,688 411,589 5,536,174 All Other Local Sales Tax *239,739 229,766 182,484 216,361 270,637 276,937 295,738 201,982 259,537 325,493 273,582 263,425 3,035,681 TOTAL 1,132,346$ 1,118,228$ 1,071,652$ 1,140,984$ 1,150,242$ 1,252,234$ 1,487,032$ 1,004,813$ 1,179,127$ 1,266,247$ 1,052,910$ 1,053,911$ 13,909,725$ * Note: Does not include cable franchise fees or sales tax audit revenuesF:\BUDGET ANALYST\Financial Reports 2016-2017\4Q\May\Attachment F - Gen Fund Local Sales Tax06/23/2017    Town Council Regular Session Item # C. Meeting Date:07/05/2017   Requested by: Mayor Hiremath & Councilmember Snider  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: Cancellation of the July 19, 2017 regular Town Council meeting RECOMMENDATION: N/A EXECUTIVE SUMMARY: At its regular meeting on December 7, 2016, the Council approved the 2017 regular Town Council meeting schedule, which included a regular meeting scheduled for July 19, 2017. Currently, there is no business scheduled for the July 19 regular Town Council meeting. In the event that the Town Council would like to cancel the July 19 regular Town Council meeting, the Town Council must take formal action. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to cancel the July 19, 2017 regular Town Council meeting. Attachments No file(s) attached.    Town Council Regular Session Item # D. Meeting Date:07/05/2017   Requested by: Bayer Vella  Submitted By:Michael Spaeth, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Request for approval of a Final Plat for the Alterra at Vistoso Trails residential subdivision, located along Moore Road approximately 1/4-mile east of Rancho Vistoso Boulevard RECOMMENDATION: Staff recommends approval of the Final Plat. EXECUTIVE SUMMARY: The purpose of this request is to consider the proposed Final Plat (Attachment 1) for the Alterra at Vistoso Trails residential subdivision located on Moore Road approximately 1/4-mile east of Rancho Vistoso Boulevard (Attachment 2). The Final Plat consists of 150 detached single-family residential lots on approximately 116 acres. The subdivision design has three access points, phase 1 of a new Rancho Vistoso community park and preserves approximately 55 acres of natural open space. The Final Plat meets all zoning requirements and the Town Council approved Conceptual Site Plan. BACKGROUND OR DETAILED INFORMATION: The Final Plat requires Town Council approval prior to being officially recorded with Pima County. In November 2016, Town Council approved the Conceptual Site Plan for the proposed subdivision. The Final Plat (Attachment 1) conforms with the design components (i.e. lot layout, circulation, open space preservation) of the previous approval. Proposed Improvements  Approximately 116 acres subdivided into 150 lots Minimum lot size: 7,182 S.F. Average lot size: 8,540 S.F. Maximum building height: 30 feet or 2-stories Approximately 55 acres (47%) of open space Rancho Vistoso Community Park (Phase 1)  Shaded play structure Ramada with picnic seating Temporary parking area (6 spaces) Trails, including two trail heads Pedestrian underpass Turf Area Landscaping Prior approvals  2016:    Conceptual Site Plan, Landscape Plan and Master Recreation Area Plan approved by Town Council 2009:    Major General Plan Amendment changed land use designations in Rancho Vistoso Neighborhood 5 1987:    Subject property part of the original Rancho Vistoso PAD FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve the Final Plat for Alterra at Vistoso Trails residential subdivision based on a finding it is in conformance with the approved Conceptual Site Plan and all applicable Zoning Code requirements. OR I MOVE to deny the Final Plat for Alterra at Vistoso Trails based on a finding that ___________________________________. Attachments ATTACHMENT 1 - APPLICANT PROPOSAL  ATTACHMENT 2 - LOCATION MAP  LOCATION MAP MATTAMY HOMES - ALTERRA AT VISTOSO TRAILS (OV1215-14) Attachment 2    Town Council Regular Session Item # E. Meeting Date:07/05/2017   Submitted By:Michael Spaeth, Community Development & Public Works Department:Community Development & Public Works Information SUBJECT: Request for approval of a block plat for the Villages at Silverhawke residential subdivision, located near the southeast corner of Tangerine Road and N. 1st Avenue RECOMMENDATION: Staff recommends approval, subject to the condition listed in Attachment 1. EXECUTIVE SUMMARY: The purpose of this request is to consider a proposed block plat (Attachment 2) for the Villages at Silverhawke residential subdivision, located near the southeast corner of Tangerine Road and N. 1st Avenue (Attachment 3). The applicant proposes to subdivide the property into large "blocks" for sale to developers - not individual homeowners. A condition has been included in Attachment 1 to ensure roadway cross-access, open space, cultural resource and public trail easements within the individual phases of development are provided with each future final plat. Furthermore, recreation area easements must specify that all four recreation areas are open to all lot owners in the entire residential development. The block plat, with the condition listed in Attachment 1, is in conformance with all Town standards. A detailed final subdivision final plat or multiple plats that reflect the approved Conceptual Site Plan will be required prior to the sale of applicable home lots. BACKGROUND OR DETAILED INFORMATION: A block plat is a legal instrument used to subdivide large areas for future sale and development. The applicant intends to phase the subdivision and the block plat (Attachment 2). Each block will be re-platted in the future in accord with the previously approved Conceptual Site Plan. A condition has been included in Attachment 1 to ensure roadway cross-access, open space, cultural resource and public trail easements within the individual phases of space, cultural resource and public trail easements within the individual phases of development are provided with each future final plat. Furthermore, recreation area easements must specify that all four recreation areas are open to all lot owners in the entire residential development. Town Council approval of the block plat is required prior to recordation with Pima County. Final subdivision plats will be required for each block plat phase prior to the sale of applicable home lots. Proposed Improvements  Approximately 149 acres, split into nine (9) blocks  A maximum block size of approximately 27 acres A minimum block size of approximately 0.08 acres Three future residential blocks Two future commercial blocks Three blocks covering access and roadways One block for the existing cell tower facility Previous approvals   1994:   The subject property was annexed into the Town with a translational zoning of R1-144 2005:   General Plan with Kai-Capri Special Area Policies formally adopted 2015:   A rezoning and Tentative Development Plan was approved for the property from R1-144 to R1-7 and C-1 2016:   The Your Voice, Our Future General Plan was adopted with the Kai-Capri Special Area Policies 2017:   Town Council approved a grading exception and Conceptual Site Plan The proposed block plat is consistent with all previous approvals. With the condition listed in Attachment 1, it is in conformance with all requirements. FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE to approve the Block Plat for the Villages at Silverhawke residential subdivision, subject to the condition listed in Attachment 1, based on a finding it is in conformance with all applicable Zoning Code requirements. OR I MOVE to deny the Block Plat for the Villages at Silverhawke residential subdivision based on a finding that ___________________. Attachments ATTACHMENT 1 - CONDITION OF APPROVAL  ATTACHMENT 2 - APPLICANT PROPOSAL  ATTACHMENT 3 - LOCATION MAP  ATTACHMENT 1 VILLAGES AT SILVERHAWKE BLOCK PLAT CONDITIONS OF APPROVAL Planning Conditions 1. Provide the following General Note on the Block Plat: “Easements for roadway cross access, shared use of all recreation areas, public access to trails, and conservation easements for ESL open space and the cultural resource area shall be provided on subsequent final plat(s) in the manner specified on the approved Conceptual Site Plan.” THIS PROJECT THIS PROJECT N. 1ST AVENUEE. TANGE R I N E R O A D STRADA PATANIA E. PALISADES ROAD SHEET 2 SHEET 3 D D ∆D SHEET 3 D D D D D D SHEET 2 LOCATION MAP VILLAGES AT SILVERHAWKE (OV1700647) Attachment 2    Town Council Regular Session Item # F. Meeting Date:07/05/2017   Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police Department Department:Police Department Information SUBJECT: Resolution No. (R)17-29, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson, allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: Request is being made to enter into an agreement between the City of Tucson and the Town of Oro Valley for the participation and administration of a multi-agency Pima County HIDTA Task Force. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: There is no fiscal impact to the Town’s budget as the salary and employee-related expenses are reimbursable under the $120,542 grant. The total amount is included in the adopted budget for FY 2017/18. SUGGESTED MOTION: I MOVE to (adopt or deny) Resolution No. (R)17-29, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement between the City of Tucson and the Town of Oro Valley, allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force. Attachments (R)17-29 PCHITF  IGA-PCHITF  F:\RESOLUTIONS\2017\R17-29 HIDTA Grant - Investigative Task Force.doc Town of Oro Valley Attorney’s Office/ca/033010 RESOLUTION NO. (R)17-29 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY, ALLOWING FOR ONE (1) OFFICER TO BE ASSIGNED TO THE PIMA COUNTY HIDTA INVESTIGATIVE TASK FORCE (PCHITF) WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of Tucson for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective January 1, 2017 through December 31, 2018; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro Valley and the City of Tucson to participate in the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement allowing for one (1) officer to be assigned to the Pima County HIDTA Investigative Task Force (PCHITF) is hereby authorized and approved. 2. The Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. F:\RESOLUTIONS\2017\R17-29 HIDTA Grant - Investigative Task Force.doc Town of Oro Valley Attorney’s Office/ca/033010 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 5th day of July, 2017. TOWN OF ORO VALLEY, ARIZONA ____________________________________ Dr. Satish I. Hiremath, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director _____________________________ ____________________________________ Date Date EXHIBIT “A” CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM GRANT AGREEMENT CFDA NUMBER: 95.001 AWARD NUMBER (FAIN): G17SA0007A COT Grant Number HT-1 7 -2 7 2 0 This Grant Agreement is made this 1ST day of January 2017 by and between the CITY OF TUCSON hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department thereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2017 and terminate on December 31, 2018. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within Office of National Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Pima County HIDTA Investigative Task Force (PCHITF). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will receive a written notice that identifies the area of non-compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps that are being taken to correct the problem, the CITY may suspend funding; permanently terminate this Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, perform an audit of expended funds; and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Lead Management Analyst High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 2 B. If to the GRANTEE: Oro Valley Police Department 11000 North La Cañada Drive Oro Valley, AZ 85737 Attn: Chief of Police Daniel Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee’s budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries Fringe Benefits Overtime Travel Facilities Services Operating Expenses: Supplies Other Equipment (listed below) TOTAL $70,864.00 $14,172.00 $35,506.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $120,542.00 See attached for budget detail. 6. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8. The GRANTEE understands that prior to the expenditure of confidential funds; an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 3 9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part 3603 and HIDTA Program Policy & Budget Guidance - October 1, 2016. Link: Electronic Code of Federal Regulations: http://www.ecfr.gov HIDTA Program Policy & Budget Guidance - October 1, 2016. http://www.nhac.org/hidta_guidance/guidance2012.pdf 10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE’S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016, Section 8.4.1, to account for all HIDTA purchased equipment, vehicles, and other items valued at $ 5000 or more at the time of purchase. This also includes lower cost, high-risk items, electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.6 that those using HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: Electronic Code of Federal Regulations http://www.ecfr.gov The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016, Section 8.8 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance. 15. The GRANTEE will comply with the audit requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200 Subpart F- Audit Requirements and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: Electronic Code of Federal Regulations http://www.ecfr.gov High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 4 16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 1 - 29 March 1 – 30 October 1 - 31 November 1 - 30 December 1 - 31 February 25 March 25 April 25 November 25 December 25 January 25 July 1 – 31 August 1 - 31 September 1 – 30 April 1 - 30 May 1 - 31 June 1 - 30 August 25 September 25 October 25 May 25 June 25 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 17. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 18. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $150,000, and provide written notification to the CITY, as indicated in 2 CFR 200.317 et al. 19. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 2 CFR 2867.10 et. seq. for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://sam.gov 20. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 21. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 22. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 23. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 24. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 5 25. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker’s Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit “A”. 27. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 28. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 6 29. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 2 CFR 1401.300). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 30. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 31. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 32. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 34. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 35. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 36. The Grantee certifies that no federal funds will be paid, by or on behalf of, 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 for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form- LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 7 37. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 38. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 39. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 40. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. 41. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23-214A. High Intensity Drug Trafficking Area Grant Number HT-17-2720 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Chief of Police Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Chris Magnus, Chief of Police Date City of Tucson Police Department Lisa Judge, Principal Assistant City Attorney Date City of Tucson Police Department Approved as to form CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit “A” Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit “A” Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insured with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease – Each Employee $500,000 Disease – Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit “A” Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON’S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Confidential Funds Certification Exhibit “B” CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT-17-2720 Date: _____________________ Signature: ___________________________ Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of the informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files “Documentation” (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit “B” Page 2 5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee’s Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant’s file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit “B” Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant’s establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant’s identity. Exhibit “B” Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant’s code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant’s true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit “B” Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency’s informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit “B” Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained.    Town Council Regular Session Item # G. Meeting Date:07/05/2017   Requested by: Aaron LeSuer Submitted By:Colleen Muhr, Police Department Department:Police Department Information SUBJECT: Resolution No. (R)17-30, authorizing and approving a High Intensity Drug Trafficking Area (HIDTA) grant agreement with the City of Tucson, allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: A request is being made to enter into an agreement between the City of Tucson and the Town of Oro Valley for the participation and administration of a multi-agency HIDTA task force. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: There is no fiscal impact to the Town’s budget as the salary and employee-related expenses are reimbursable under the $187,225 grant. The total amount is included in the adopted budget for FY 2017/18. SUGGESTED MOTION: I MOVE to (adopt or deny) Resolution No. (R)17-30, authorizing and approving a High Intensity Drug Trafficking Area grant agreement between the City of Tucson and the Town of Oro Valley, allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance. Attachments (R)17-30 CNA  IGA Re. C.N.A.  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@C82B272A\@BCL@C82B272A.doc Town of Oro Valley Attorney’s Office/ca/033010 RESOLUTION NO. (R)17-30 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF ORO VALLEY ALLOWING FOR TWO (2) OFFICERS TO BE ASSIGNED TO THE PIMA COUNTY/TUCSON METROPOLITAN COUNTER NARCOTICS ALLIANCE (CNA) WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS, the Town of Oro Valley desires to enter into a Grant Agreement with the City of Tucson for the participation and administration of a multi-agency High Intensity Drug Trafficking Area Task Force for a term effective January 1, 2017 through December 31, 2018; and WHEREAS, it is in the best interest of the Town to enter into the Grant Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions to provide for the health, safety and welfare of the residents in the Town of Oro Valley. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1.The Grant Agreement, attached hereto as Exhibit “A”, between the Town of Oro Valley and the City of Tucson to participate in the High Intensity Drug Trafficking Area (HIDTA) Grant Agreement allowing for two (2) officers to be assigned to the Pima County/Tucson Metropolitan Counter Narcotics Alliance (CNA) is hereby authorized and approved. 2.The Mayor, Chief of Police and other administrative officials are hereby authorized to take such steps as necessary to execute and implement the terms of the Grant Agreement. C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@C82B272A\@BCL@C82B272A.doc Town of Oro Valley Attorney’s Office/ca/033010 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 5th dayof July, 2017. TOWN OF ORO VALLEY, ARIZONA ____________________________________ Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM: _________________________________________________________________ Michael Standish, Town Clerk Tobin Sidles, Legal Services Director _________________________________________________________________ Date Date EXHIBIT “A” CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREAS (HIDTA) PROGRAM GRANT AGREEMENT CFDA NUMBER: 95.001 AWARD NUMBER (FAIN): G17SA0007A COT Grant Number HT-1 7 -2 708 This Grant Agreement is made this 1ST day of January 2017 by and between the CITY OF TUCSON hereinafter called “CITY” and GOVERNING BODY, through Oro Valley Police Department hereinafter called “GRANTEE”. The CITY enters into this Agreement pursuant to its authority under the provisions of A.R.S. § 11-951, et seq., and the City of Tucson’s Resolution number 21460, having satisfied itself as to the qualification of GRANTEE. NOW, THEREFORE, it is agreed between the parties as follows: 1. This Agreement will commence on January 1, 2017 and terminate on December 31, 2018. This Agreement expires at the end of the award period unless prior written approval for an extension has been obtained from the CITY. A request for extension must be received by the CITY sixty (60) days prior to the end of the award period. The CITY may approve an extension that further the goals and objectives of the program and shall determine the length of any extension within Office of National Drug Control Policy (ONDCP) guidelines. 2. The GRANTEE agrees that grant funds will be used for the Counter Narcotics Alliance (CNA). 3. The CITY will monitor the performance of the GRANTEE against goals and performance standards outlined in the grant application. Sub-standard performance as determined by the CITY will constitute non-compliance with this Agreement. The GRANTEE shall operate in a manner consistent with and in compliance with the provisions and stipulations of the approved grant application and this Agreement. If the CITY finds non-compliance, the GRANTEE will receive a written notice that identifies the area of non-compliance, and the appropriate corrective action to be taken. If the GRANTEE does not respond within thirty calendar days to this notice, and does not provide sufficient information concerning the steps that are being taken to correct the problem, the CITY may suspend funding; permanently terminate this Agreement and/or revoke the grant; Any deviation or failure to comply with the purpose and/or conditions of this Agreement without prior written CITY approval may constitute sufficient reason for the CITY to terminate this Agreement; revoke the grant; require the return of all unspent funds, perform an audit of expended funds; and require the return of any previously spent funds which are deemed to have been spent in violation of the purpose or conditions of this grant. 4. This Agreement may be modified only by a written amendment signed by the parties. Any notice given pursuant to this Agreement shall be in writing and shall be considered to have been given when actually received by the following addressee or their agents or employees: A. If to the City of Tucson: City of Tucson Police Department HIDTA FIDUCIARY SECTION 270 S. Stone Tucson, Arizona 85701 Attn: HIDTA Lead Management Analyst High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 2 B. If to the GRANTEE: Oro Valley Police Department 11000 La Cañada Drive Oro Valley, AZ 85737 Attn: Chief Daniel Sharp 5. The GRANTEE may make budget adjustments only after written notification with signature approval from Arizona HIDTA Director is provided to the CITY. A grant adjustment notice (GAN) will be issued to the GRANTEE notifying the GRANTEE of the approval. Adjustments or reprogramming of the grantee’s budget in an initiative or any reprogramming between initiative and/or agencies; in any amount, require the approval of the Board, the AZ HIDTA Director, and/or the ONDCP in accordance with HIDTA Program Policy and Budget Guidance. APPROVED LINE ITEM PROGRAM BUDGET Personnel: Salaries Fringe Benefits Overtime Travel Facilities Services Operating Expenses: Supplies Other Equipment (listed below) TOTAL $126,432.00 $25,287.00 $35,506.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $187,225.00 See attached for budget detail. 6. The GRANTEE understands that financial reports are required for reimbursement of expenditures. 7. Every payment obligation of the CITY under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the CITY. No liability shall accrue to the CITY in the event this provision is exercised, and the CITY shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 8. The GRANTEE understands that prior to the expenditure of confidential funds; an authorized official of the GRANTEE shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in ONDCP Financial and Administrative Guide for Cooperative Agreements Guidelines and Exhibit B. High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 3 9. The GRANTEE certifies that it will comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 as codified in 2 CFR Part 3603 and HIDTA Program Policy & Budget Guidance - October 1, 2016. Link: Electronic Code of Federal Regulations: http://www.ecfr.gov HIDTA Program Policy & Budget Guidance - October 1, 2016. http://www.nhac.org/hidta_guidance/guidance2012.pdf 10. The GRANTEE agrees to account for interest earned on Federal grant funds and shall remit interest earned in excess of the allowable amount as indicated in the ONDCP Financial and Administrative Guide for Cooperative Agreements and all unexpended grant funds to the CITY within 30 days after receipt of a written request from the CITY. The GRANTEE agrees to expend all encumbered funds within 90 days of expiration of this award. 11. The GRANTEE agrees to retain all books, account reports, files and other records, (paper and/or electronic) relating to this Agreement and the performance of this Agreement for no less than five (5) years from the last financial report submitted to the CITY. All such documents shall be subject to inspection and audit at reasonable times. 12. For the purpose of this grant, a capital expenditure is $1,000 or above. If the GRANTEE’S policy defines a capital expenditure as less than $1,000, the GRANTEE will use its own policy. The GRANTEE shall maintain a tracking system, in accordance with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016, Section 8.4.1, to account for all HIDTA purchased equipment, vehicles, and other items valued at $ 5000 or more at the time of purchase. This also includes lower cost, high-risk items, electronic devices and software, such as but not limited to digital cameras, palm pilots, and GPS devices. The GRANTEE agrees to abide by Section 8.6 that those using HIDTA funds to purchase equipment must maintain a current inventory of HIDTA-purchased equipment and must provide that inventory to the HIDTA Director or an ONDCP employee, and/or the CITY upon request. A 100-percent physical inventory of HIDTA-purchased equipment must be conducted at least every two years. 13. The GRANTEE agrees to follow equipment disposition policies outlined in Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 Subpart D- Post Federal Award Requirements, §§ 310-316- Property Standards when the equipment is no longer needed for the grant program. When no longer needed for the original program, the equipment may be used in other activities supported by the Office of National Drug Control Policy. Link: Electronic Code of Federal Regulations http://www.ecfr.gov The GRANTEE agrees that the purchasing agency shall comply with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016, Section 8.8 in determining the end of the useful life and disposition of HIDTA purchased equipment. Purchasing agencies must retain documentation of the disposition and provide to the HIDTA Director and the CITY. 14. The GRANTEE agrees to keep time and attendance sheets signed by the employee and supervisory official having first hand knowledge of the work performed by the grant funded employees. The GRANTEE agrees to track overtime expenses in accordance with ONDCP HIDTA Program Policy & Budget Guidance – October 1, 2016. 15. The GRANTEE will comply with the audit requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200 Subpart F- Audit Requirements and provide the CITY with the audit report and any findings within 90 days of receipt of such finding. If the report contains no findings, the GRANTEE must provide notification that the audit was completed. Link: Electronic Code of Federal Regulations http://www.ecfr.gov High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 4 16. The GRANTEE agrees that it will submit financial reports and supporting documentation to the CITY through the AZ HIDTA Finance Manager on forms/format provided by the CITY, documenting the activities supported by these grant funds. In the event reports are not received on or before the indicated date(s), funding will be suspended until such time as delinquent report(s) are received. These reports are submitted according to the following schedule: Report Period Month of: Due Date: Report Period Month of: Due Date: January 1 - 31 February 1 - 29 March 1 – 30 October 1 - 31 November 1 - 30 December 1 - 31 February 25 March 25 April 25 November 25 December 25 January 25 July 1 – 31 August 1 - 31 September 1 – 30 April 1 - 30 May 1 - 31 June 1 - 30 August 25 September 25 October 25 May 25 June 25 July 25 More frequent reports may be required for GRANTEES who are considered high risk. 17. All goods and services purchased with grant funds must be received by the GRANTEE within 60 days of the expiration of this award. 18. The GRANTEE agrees to obtain ONDCP approval through the Arizona HIDTA Director for all sole-source procurements in excess of $150,000, and provide written notification to the CITY, as indicated in 2 CFR 200.317 et al. 19. The GRANTEE agrees to check the U.S. General Service Administration (GSA) Excluded Parties Listing Service as required by Executive Order 12549, as defined in 2 CFR 2867.10 et. seq. for individuals, agencies, companies and corporations debarred or suspended from doing business with recipients receiving Federal funds. The GRANTEE agrees not to do business with any individual, agency, company or corporation listed in the Excluded Parties Listing Service. Link: Excluded Parties Listing System http://sam.gov 20. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of State or local funds because of the existence of Federal funds. 21. The GRANTEE assigns to the CITY any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services applied by third parties to the GRANTEE in exchange for grant funds provided under this Agreement. 22. The parties agree to use arbitration in the event of disputes in accordance with the provisions of A.R.S. § 12-1501 et seq. 23. The laws of the State of Arizona apply to questions arising under this Agreement and any litigation regarding this Agreement must be maintained in Arizona courts, except as provided in paragraph 25 of this Agreement pertaining to disputes, which are subject to arbitration. 24. The GRANTEE understands that grant funds will not be released until all required reports and reversion of funds from the prior year grant are submitted to the CITY. High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 5 25. The GRANTEE (as “Indemnitor”) agrees to indemnify, defend and hold harmless the CITY (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses, (including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indeminitor, its officers, officials, agents, employees, or volunteers. If the GRANTEE is a State agency this paragraph does not apply. 26. Unless GRANTEE is a State agency, GRANTEE shall cause its contractor(s) and subcontractors, if any to indemnify defend, save and hold harmless the City of Tucson, any jurisdictions or agency issuing any permits for any work arising out of this Agreement, and their respective directors, officers, officials, agents, and employees from and against any and all claims, actions, liabilities, damages, losses or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims” ) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of GRANTEE’S contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Worker’s Compensation Law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligence or willful acts or omissions of the Imdemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Insurance requirements for any contractor used by GRANTEE are incorporated herein by this reference and attached to this Agreement as Exhibit “A”. 27. If the GRANTEE is a governmental political subdivision, the GRANTEE will, to the extent possible and practical share criminal justice information with other authorized criminal justice agencies. The process control number (PCN) shall be used in accordance with A.R.S. § 41- 1750 when sharing data with other criminal justice agencies as electronic data systems are developed or improved. 28. The GRANTEE agrees to comply with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 42 USC 3789(d); Title VI of the Civil Rights Act of 1964, as amended; Section 504, Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972 and the Department of Justice regulations 28 CFR Part 54; The Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, G and I; Department of Justice regulations on disability discrimination 28 CFR Part 35; all applicable state laws of A.R.S. § 41-1463; and Executive Orders 1999-4 and 2000-4. These laws prohibit discrimination on the basis of race, color, religion, sex and national origin including Limited English Proficiency (LEP) in the delivery of service. In the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing against the GRANTEE, the GRANTEE will forward a copy of the findings to the Office for Civil Rights, Office of Justice Programs and the CITY. High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 6 29. The GRANTEE agrees to formulate and keep on file an Equal Employment Opportunity Plan (EEOP) (if grantee is required pursuant to 2 CFR 1401.300). The GRANTEE certifies that they have forwarded to the Office for Civil Rights, Office of Justice Programs the EEOP, or certifications that they have prepared and have on file an EEOP, or that they are exempt from EEOP requirements. Failure to comply may result in suspension of the receipt of grant funds. Copies of all submissions such as certifications to or correspondence with the Office for Civil Rights, Office of Justice Programs regarding this requirement must be provided to the CITY by the GRANTEE. 30. The GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part 67, Subpart F, for grantees, as defined in 28 CFR, Part 67 Sections 67.615 and 67.620. 31. The GRANTEE agrees to complete and keep on file, as appropriate, Immigration and Naturalization Form (I-9). This form is to be used by recipients to verify that persons are eligible to work in the United States. Additionally the GRANTEE ensures compliance with Executive Order 2005-30 federal immigration laws by state employers and contractors. 32. The GRANTEE agrees to notify the Arizona HIDTA Director and provide written notification to the CITY within ten (10) days in the event that the project official is replaced during the award period. 33. No rights or interest in this Agreement shall be assigned by GRANTEE without prior written approval of the CITY. 34. The GRANTEE agrees that no funds provided, or personnel employed under this Agreement shall be in any way or to any extent engaged in conduct of political activities in violation of U.S.C. Title 5, Part II, Chapter 15, Section 1502. 35. The GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. 36. The Grantee certifies that no federal funds will be paid, by or on behalf of, 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 for the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal award, grant loan, or cooperative agreement, the GRANTEE will complete and submit to the CITY Standard Form- LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 7 37. This Agreement is subject to cancellation pursuant to the provision of A.R.S. § 38-511. 38. This Agreement may be cancelled at the CITY’s discretion if not returned with authorized signatures to the CITY within 90 days of commencement of the award. 39. If any provision of this Agreement is held invalid the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall be in full force and effect. 40. Pursuant to resolution number 21460, adopted by Mayor and Council December 15, 2009, the Tucson Police Chief is authorized to enter into contracts and grant agreements for HIDTA operations. 41. In accordance with A.R.S. §41-4401, GRANTEE warrants compliance with E-Verify and all federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23-214A. High Intensity Drug Trafficking Area Grant Number HT-1 7 -2 7 0 8 Page 8 IN WITNESS WHEREOF, the parties have made and executed the Agreement the day and year first above written. FOR GRANTEE: Chief of Police Date Printed Name and Title Note: If applicable, the Agreement must be approved by the appropriate county supervisory board or municipal council and appropriate local counsel (i.e. county or city attorney). Furthermore, if applicable, resolutions and meeting minutes must be forwarded to the CITY with the signed Agreement. Approved as to form and authority to enter into Agreement: Legal counsel for GRANTEE Date Printed Name and Title Statutory or other legal authority to enter into Agreement: Appropriate A.R.S., ordinance, or charter reference FOR CITY OF TUCSON: Chris Magnus, Chief of Police Date City of Tucson Police Department Lisa Judge, Principal Assistant City Attorney Date City of Tucson Police Department Approved as to form CITY OF TUCSON GRANT AGREEMENT Insurance Requirements Exhibit “A” Insurance Requirements for Governmental Parties to a Grant Agreement: None. Insurance Requirements for Any Contractors Used by a Party to the Grant Agreement: (Note: this applies only to Contractors used by a governmental entity, not to the governmental entity itself.) The insurance requirements herein are minimum requirements and in no way limit the indemnity covenants contained in the Intergovernmental Agreement. The City of Tucson in no way warrants that the minimum limits contained herein are sufficient to protect the governmental entity or Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the governmental entity are free to purchase additional insurance. A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. 1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. • General Aggregate $2,000,000 • Products – Completed Operations Aggregate $1,000,000 • Personal and Advertising Injury $1,000,000 • Blanket Contractual Liability – Written and Oral $1,000,000 • Fire Legal Liability $50,000 • Each Occurrence $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) b. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. Exhibit “A” Page 2 2. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $1,000,000 a. The policy shall be endorsed to include the following additional insured language: “The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additional insured with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". (Note that the other governmental entity(ies) is/are also required to be additional insured(s) and they should supply the Contractor with their own list of persons to be insured.) 3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $500,000 Disease – Each Employee $500,000 Disease – Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation against the City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form. B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Tucson, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees and the other governmental entity shall be additional insureds to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by the Contract. 2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of its Contract with the other governmental entity(ies) party to the Grant Agreement. Exhibit “A” Page 3 C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given the City of Tucson. Such notice shall be sent directly to the GRANTEE and shall be sent by certified mail, return receipt requested. D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non- admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A- VII. The City of Tucson in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. E. VERIFICATION OF COVERAGE: Contractor shall furnish the GRANTEE with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to the GRANTEE. The City of Tucson’s project/contract number and project description are to be noted on the certificate of insurance. The City of Tucson reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. DO NOT SEND CERTIFICATES OF INSURANCE TO THE CITY OF TUCSON’S RISK MANAGEMENT SECTION. F. SUBCONTRACTORS: Contractor's certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the county or local government agency responsible separate certificates for each subcontractor. All coverage’s for subcontractors shall be subject to the minimum requirements identified above. G. APPROVAL: Any modification or variation from the insurance requirements must have prior approval from the City of Tucson, Risk Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action. H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance. If the contractor or sub-contractor(s) is/are a City of Tucson agency, board, commission, or university then none of the above shall apply. CITY OF TUCSON HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT AGREEMENT Confidential Funds Certification Exhibit “B” CONFIDENTIAL FUNDS CERTIFICATION This is to certify that I have read, understand, and agree to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of National Drug Control Policy Financial and Administrative Guide. Grant Number: HT 17-2708 Date: _____________________ Signature: ___________________________ Authorized Official PROCEDURES Each project agency authorized to disburse confidential funds must develop and follow internal procedures, which incorporate the following elements: Deviations from these elements must receive prior approval of the ONDCP. 1. Imprest Fund. The funds authorized will be established in an imprest fund, which is controlled by a bonded cashier. 2. Advance of Funds: The supervisor of the unit to which the imprest funds is assigned must authorize all advances of funds for the P/I. Such authorization must specify the information to be received, the amount of expenditures, and assumed name of the informant. 3. Informant Files: Informant files are confidential files of the true names, assumed names, and signature of all informants to whom payments of confidential expenditures have been made. To the extent possible, pictures and/or fingerprints of the informant payee should also be maintained. Refer to Informant Files “Documentation” (2) for a list of required documents for the informant files. 4. Cash Receipts. a. The cashier shall receive from the agent or officer authorized to make a confidential payment, receipt for cash advanced to him/her for such purposes. b. The agent or officer shall receive from the informant payee a receipt for cash paid to him/her. Exhibit “B” Page 2 5. Receipts for Purchase of Information. An Informant Payee Receipt shall identify the exact amount paid to and received by the informant payee on the date executed. Cumulative or anticipatory receipts are not permitted. Once the receipt has been completed no alteration is allowed. The agent shall prepare an Informant Payee Receipt containing the following information: a. The jurisdiction initiating the payment. b. A description of the information/evidence received. c. The amount of payment, both in numeral and word form. d. The date on which the payment was made. e. The signature of the informant payee. f. The signature of the case agent or officer making payment. g. The signature of at least one other officer witnessing the payment. h. The signature of the first-line supervisor authorizing and certifying the payment. 6. Review and Certification. The signed Informant Payee Receipt with a memorandum detailing the information received shall be forwarded to the agent or officer in charge. The agent or officer in charge shall compare the signatures. He/she shall also evaluate the information received in relation to the expense incurred, and add his/her evaluation remarks to the report of the agent or officer who made the expenditure from the imprest funds. The certification will be witnessed by the agent or officer in charge on the basis of the report and Informant Payee’s Receipt. 7. Reporting of Funds. Each project shall prepare a reconciliation report on the imprest funds on a quarterly basis. Information to be included in the reconciliation report will be the assumed name of the informant payee, the amount received, the nature of the information given, and to what extent this information contributed to the investigation. Recipients/subrecipients shall retain the reconciliation report in their files and shall be available for review unless the State agency requests that the report be submitted to them on a quarterly basis. 8. Record and Audit Provisions. Each project and member agency must maintain specific records of each confidential fund transaction. At a minimum, these records must consist of all documentation concerning the request for funds, processing (to include the review and approve/disapprove), modifications, closure or impact material, and receipts and/or other documentation necessary to justify and track all expenditures. Refer to Informant Files Documentation (2) for a list of documents, which should be in an informant’s file. In projects where funds are used for confidential expenditures, it will be understood that all of the above records, except the true name of the informant, are subject to the record and audit provision of grantor agency legislation. Exhibit “B” Page 3 INFORMANT FILES 1. Security. A separate file should be established for each informant for accounting purposes. Informant files should be kept in a separate and secure storage facility, segregated from any other files, and under the exclusive control of the supervisor or an employee designated by him/her. The facility should be locked at all times when unattended. Access to these files should be limited to those employees who have a necessary legitimate need. An informant file should not leave the immediate area except for review by a management official or the handling agent, and should be returned prior to the close of business hours. Sign-out logs should be kept indicating the date, informant number, time in and out, and the signature of the person reviewing the file. 2. Documentation. Each file should include the following information: a. Informant Payment Record - kept on top of the file. This record provides a summary of informant payments. b. Informant Establishment Record - including complete identifying and location data, plus any other documents connected with the informant’s establishment. c. Current photograph and fingerprint card (or FBI/State Criminal Identification Number). d. Agreement with cooperating individual. e. Receipt for P/I. f. Copies of all debriefing reports (except for the Headquarters case file). g. Copies of case initiation reports bearing on the utilization of the informant (except for the Headquarters case file). h. Copies of statements signed by the informant (unsigned copies will be placed in appropriate investigative files). i. Any administrative correspondence pertaining to the informant, including documentation of any representations made on his behalf or any other nonmonetary considerations furnished. j. Any deactivation report or declaration of any unsatisfactory informant. INFORMANT MANAGEMENT AND UTILIZATION All persons who will be utilized as informants should be established as such. The specific procedures required in establishing a person as an informant may vary from jurisdiction to jurisdiction but, at a minimum, should include the following: 1. Assignment of an informant code name to protect the informant’s identity. Exhibit “B” Page 4 2. An informant code book controlled by the supervisor or his/her designee containing: a. Informant’s code number. b. Type of information (i.e. informant, defendant/informant, restricted use/informant). c. Informant’s true name. d. Name of establishing law enforcement officer. e. Date the establishment is approved. f. Date of deactivation. 3. Establish each informant file in accordance with Informant File Documentation (2). 4. For each informant in an active status, the agent should review the informant file on a quarterly basis to assure it contains all relevant and current information. Where a MATERIAL face that was earlier reported on the Establishment Record is no longer correct (e.g. a change in criminal status, means of locating him/her, etc.), a supplemental establishing report should be submitted with the correct entry. 5. All informants being established should be checked in all available criminal indices. If verified FBI number is available, request a copy of the criminal records from the FBI. Where a verified FBI number is not available, the informant should be fingerprinted with a copy sent to the FBI and appropriate State authorities for analysis. The informant may be utilized on a provisional basis while awaiting a response from the FBI. PAYMENTS TO INFORMANTS 1. Any person who is to receive payments charged against PE/PI funds should be established as an informant. This includes a person who may otherwise be categorized as sources of information or informants under the control of another agency. The amount of payment should be commensurate with the value of services and/or information provided and should be based on the following factors: a. The level of the targeted individual, organization or operation. b. The amount of the actual or potential seizure. c. The significance of the contribution made by the informant to the desired objectives. 2. There are various circumstances in which payments to informants may be made. a. Payments for Information and/or Active Participation. When an informant assists in developing an investigation, either through supplying information or actively participating in it, he/she may be paid for his/her service either in a lump sum or in staggered payments. Payments for information leading to a seizure, with no defendants, should be held to a minimum. Exhibit “B” Page 5 b. Payment for Informant Protection. When an informant needs protection, law enforcement agencies may absorb the expenses of relocation. These expenses may include travel for the informant and his/her immediate family, movement and/or storage of household goods, and living expense at the new location for a specific period of time (not to exceed 6 months). Payments should not exceed the amounts authorized by law enforcement employees for these activities. c. Payments to Informants of Another Agency. To use or pay another agency’s informant, he/she should be established as an informant. These payments should not be a duplication of a payment from another agency; however, sharing a payment is acceptable. 3. Documentation of payments to informants is critical and should be accomplished on a Informant Payee Receipt. Payment should be made and witnessed by two law enforcement officers and authorized payment amounts should be established and reviewed by at least the first line supervisory level. In unusual circumstances, a non- officer employee or an officer of another law enforcement agency may serve as witness. In all instances, the original signed receipt must be submitted to the project director for review and record keeping. ACCOUNTING AND CONTROL PROCEDURES Special accounting and control procedures should govern the use and handling of confidential expenditures, as described below: 1. It is important that expenditures which conceptually should be charged to PE/PI/PS are so charged. It is only in this manner that these funds may be properly managed at all levels, and accurate forecasts of projected needs be made. 2. Each law enforcement entity should apportion its PE/PI/PS allowance throughout its jurisdiction and delegate authority to approve PE/PI/PS expenditures to those offices, as it deems appropriate. 3. Headquarters management should establish guidelines authorizing offices to spend up to a predetermined limit of their total allowance on any buy or investigation. 4. In exercising his/her authority to approve these expenditures, the supervisor should consider: a. The significance of the investigation. b. The need for this expenditure to further the investigation. c. Anticipated expenditures in other investigations. Exhibit “B” Page 6 Funds for PE/PI/PS expenditures should be advanced to the officer for a specific purpose. If they are not expended for that purpose, they should be returned to the cashier. They should not be used for another purpose without first returning them and repeating the authorization and advance process based on the new purpose. 5. Funds for PE/PI/PS expenditure should be advanced to the officer on suitable receipt form. Informant Payee Receipt or a voucher for P/E should be completed to document funds used in the purchase of evidence or funds paid or advanced to an informant. 6. For security purposes there should be a 48-hour limit on the amount of time funds advanced for PE/PI/PS expenditure may be held outstanding. If it becomes apparent at any point within the 48-hour period that the expenditure will not materialize, the funds should be returned to the cashier as soon as possible. An extension of the 48- hour limit may be granted by the level of management that approved the advance. Factors to consider in granting such an extension are: a. The amount of funds involved. b. The degree of security under which the funds are being held. c. How long an extension is required. d. The significance of the expenditure. Such extensions should be limited to 48 hours. Beyond this, the funds should be returned and readvanced, if necessary. Regardless of circumstances, within 48 hours of the advance, the cashier should be presented with either the unexpended funds, an executed Informant Payee Receipt or purchase of evidence or written notification by management that an extension has been granted. 7. P/S expenditures, when not endangering the safety of the officer or informant, need to be supported by canceled tickets, receipts, lease agreements, etc. If not available, the supervisor, or his immediate subordinate, must certify that the expenditures were necessary and justify why supporting documents were not obtained.    Town Council Regular Session Item # H. Meeting Date:07/05/2017   Requested by: Suzanne Bunnin Submitted By:Mike Standish, Town Clerk's Office Department:Magistrate Court Information SUBJECT: Resolution No. (R)17-31, authorizing and approving an intergovernmental agreement between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: The annual intergovernmental agreement with Pima County that permits the Town to house Oro Valley municipal prisoners in the Pima County jail is up for renewal as of June 30, 2017. Payment for incarceration of municipal prisoners in county jails is necessary because of a state law passed in 1989 mandating that cities and towns pay for this service. Pima County has set the incarceration fees for FY 2017/18 as follows: $315.18 to cover booking and intake expenditures and prisoner housing for the first day, and $94.94 per subsequent day for each prisoner. The initial day amount has increased by $15.65, and the cost for each additional day has increased by $5.92. The alternative is for the Town to house its own municipal prisoners, which would be cost prohibitive. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: The FY 2017/18 Custody of Prisoners budget has been adopted in the amount of $125,000, and it is anticipated that this will be sufficient budget capacity even with the projected prisoner housing costs outlined above. SUGGESTED MOTION: I MOVE to approve Resolution No. (R)17-31, authorizing and approving an I MOVE to approve Resolution No. (R)17-31, authorizing and approving an intergovernmental agreement between the Town of Oro Valley and Pima County regarding payment for the incarceration of municipal prisoners. Attachments (R)17-31 Incarceration of Municipal Prisoners  Payment for Incarceration of Municipal Prisoners IGA  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@18304DB2\@BCL@18304DB2.doc Town of Oro Valley Attorney’s Office/ca/062211 RESOLUTION NO. (R)17-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS WHEREAS,pursuant to A.R.S. § 11-952, the Town of Oro Valley is authorized to enter into or renew agreements for joint and cooperative action with other public agencies; and WHEREAS, the Town of Oro Valley is authorized to establish and maintain the Oro Valley Police Department, pursuant to A.R.S. § 9-240 (B)(12); and WHEREAS,pursuant to A.R.S. § 31-121(D), an individual may be incarcerated in a county jail and the costs of incarceration shall be paid by the municipality having established the municipal court in which the charges have been filed; and WHEREAS,Pima County shall receive and detain all municipal prisoners who are medically fit to be incarcerated in the detention facilities maintained and operated by Pima County; and WHEREAS, the Town desires to enter into an Intergovernmental Agreement with Pima County to set forth the terms and conditions for the incarceration of municipal prisoners in the detention facilities maintained and operated by Pima County; and WHEREAS,it is in the best interest of the Town to enter into the Intergovernmental Agreement, attached hereto as “Exhibit “A” and incorporated herein by this reference, in order to set forth the terms and conditions relating to the incarceration of municipal prisoners in the detention facilities maintained and operated by Pima County for a term effective July 1, 2017 through June 30, 2018. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement, attached hereto as “Exhibit “A”, between the Town of Oro Valley and Pima County for the incarceration of municipal prisoners is hereby authorized and approved. BE IT FURTHER RESOLVED that the Mayor and any other administrative officials of the Town of Oro Valley are hereby authorized to take such steps as are necessary to execute and implement the terms of the Intergovernmental Agreement. C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@18304DB2\@BCL@18304DB2.doc 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 5th day of July, 2017. TOWN OF ORO VALLEY, ARIZONA Dr. Satish I. Hiremath, Mayor ATTEST:APPROVED AS TO FORM: Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date:Date: C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@18304DB2\@BCL@18304DB2.doc 3 EXHIBIT “A”    Town Council Regular Session Item # I. Meeting Date:07/05/2017   Requested by: George Dunscomb Submitted By:Mike Standish, Town Clerk's Office Department:Magistrate Court Information SUBJECT: Resolution No. (R)17-32, authorizing a Memorandum of Understanding (MOU) with the City Court of the City of Tucson for the Regional Municipalities Veteran's Treatment Court and payment RECOMMENDATION: The Town Magistrate, the Honorable George Dunscomb, recommends that Council approve the MOU regarding the RMVTC. EXECUTIVE SUMMARY: The Regional Municipalities Veteran's Treatment Court is a cooperative effort of the Oro Valley Magistrate Court, Marana Municipal Court, Sahuarita Municipal Court, South Tucson Municipal Court, Tucson City Court and the Southern Arizona Veterans Administration Health Care System (SAVAHCS).  Its goal is to assist veterans who are homeless, have a substance abuse problem or other issues.  Rather than arresting and jailing veteran offenders for a few days or weeks only to return them to the same type of life, this court connects them to Veterans Administration (VA) resources.  Through the RMVTC, veterans will be offered the opportunity for both the legal and the VA systems to engage them and offer support. Council appointed Judge Michael Pollard of the Tucson Municipal Court serves as the Town's Judge Pro Tem for the RMVTC.  Judge Pollard put the RMVTC together, coordinating with the VA and the University of Arizona College of Law.  All cases of eligible veterans that are filed in Oro Valley Magistrate Court are transferred to the RMVTC, which resides in Tucson City Court. BACKGROUND OR DETAILED INFORMATION: There is much documented evidence that a significant number of the veterans who There is much documented evidence that a significant number of the veterans who returned from the Vietnam conflict experienced rather severe problems adjusting to civilian life.  Many veterans remained untreated for a long period of time.  The VA recognizes that many of the veterans who have fought in the current wars in Iraq and Afghanistan are returning with mental health problems.  Nationally, the VA is in the process of identifying veterans in need of services and offering treatment in a timely manner.  Admitting to mental health problems is not something that comes easily for the men and women who have served in the armed forces.  The challenge for the VA is to offer interventions whenever and wherever opportunities occur.  The SAVAHCS and the Tucson legal community are working jointly to engage veterans through the RMVTC. An early sign that a veteran may have unaddressed problems may be when they first break the law. The RMVTC offers opportunity for the VA to engage veterans and offer treatment as an alternative to time in jail.  Men and women who have served the country are entitled to the best care the VA can provide.  Through the RMVTC, veterans will be offered the opportunity for both the legal and the VA systems to engage them and offer support. The RMVTC is a specialty court within the justice system that assists veterans, as defined by federal law.  The eligible veterans are those having misdemeanor charges except for charges involving sexual offenses or violent crimes.  The veteran must be willing to accept and engage in assistance from the VA to address treatment, rehabilitation, housing needs and/or employment referrals. Veterans who want to participate in the rehabilitative program will initially agree to participate in the program and be evaluated for eligibility by the SAVAHCS. The outcome of the case will be delayed until they have completed the RMVTC and treatment. FISCAL IMPACT: The financial impact to the Town is $75,000. These funds were not included in the adopted FY 2017/18 budget; therefore, staff is requesting Council approval to authorize use of General Fund contingency reserves in this amount for this MOU. SUGGESTED MOTION: I MOVE to (approve or deny) Resolution No. (R)17-32, authorizing a Memorandum of Understanding with the City Court of the City of Tucson for the Regional Municipalities Veteran's Treatment Court (RMVTC) and the payment of up to $75,000 from General Fund contingency reserves for the use of these court services. Attachments (R)17-32 MOU  MOU  C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@043275D9\@BCL@043275D9.doc Town of Oro Valley Atty’s Office/ca/120309 RESOLUTION NO. (R)17-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF ORO VALLEY MAGISTRATE COURT AND THE TUCSON CITY COURT TO REFER VETERANS CHARGED WITH MISDEMEANOR OFFENSES TO THE REGIONAL MUNICIPALITIES VETERANS TREATMENT COURT WHEREAS, the Town desires to enter into a Memorandum of Agreement with the Tucson City Court to refer veterans charged with misdemeanor offenses to the Regional Municipalities Veterans Treatment Court (“RMVTC”) to ensure that veteran cases are adjudicated in a uniform and consistent manner and offer appropriate treatment programs to veterans instead of jailing and returning veterans to the criminal justice system; and WHEREAS, this Memorandum of Agreement will serve as the intergovernmental agreement between the Tucson City Court and the Town to refer eligible veteran defendants to the RMVTC; and WHEREAS, it is in the interest of the Town to enter into the Memorandum of Agreement with the Tucson City Court to designate one court to be accessible to all defendant veterans who are eligible for services from the Veterans Administration and/or other treatment agencies. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that: 1. The Memorandum of Agreement, attached hereto as Exhibit “A”, between the Town of Oro Valley and the Tucson City Court to refer veterans charged with misdemeanor offenses to the RMVTC is hereby approved. 2. The Magistrate Judge and any other administrative officials of the Town of Oro Valley are hereby authorized to take steps as necessary to execute and implement the terms of the Agreement. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley, Arizona, this 5 th day ofJuly, 2017. TOWN OF ORO VALLEY Dr. Satish I. Hiremath, Mayor C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@043275D9\@BCL@043275D9.doc Town of Oro Valley Attorney’s Office/ca/080709 ATTEST:APPROVED AS TO FORM : Michael Standish, Town Clerk Tobin Sidles, Legal Services Director Date: Date: C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@043275D9\@BCL@043275D9.doc Town of Oro Valley Attorney’s Office/ca/080709 EXHIBIT “A” Regional Municipalities Veterans Treatment Court Memorandum of Understanding This Memorandum of Understanding (MOU) is entered into between the City Court of the City ofTucson (the "Receiving Jurisdiction ")and the Magistrate Court of the Town of Oro Val ley (the "Sending Jurisdiction ")[collectively,the "Parties "]. RECITALS: Whereas,the Parties to this agreement desire to form aTreatment Court that will serve all of the Veterans living in the municipalities of Pima County who have been charged with an offense within the jurisdiction of the various municipalities 'courts (hereinafter the "Defendant Veterans ");and Whereas,the Parties desire to have one court accessible to all Defendant Veterans and persons who have served in the military and are eligible for services from the Veterans Administration and/or other treatment agencies;and Whereas,the Parties desire that the Treatment Court may have jurisdiction over all cases involving Defendant Veterans in the participating jurisdictions, and agree that the Regional Municipalities Veterans Treatment Court (Hereafter RMVTC)shall serve that purpose; and Whereas,it is in the interests of both the Defendant Veterans and the courts of the participating jurisdictions that the cas es are adjudicated in a uniform and consis tent manner. MEMORANDUM OF UNDERSTANDING NOW, and therefore based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into the MOU, the Parties agree as follows: 1. There shall be one RMVTC which shall be located at Tucson City Court at 103 East Alameda. 2. If the prosecuting agency of the Sending Jurisdiction determin es that a case is eligible for referral to the RMVT C,and the Defendant Veteran signs an agreement waiving Rule 8time limits and any objection to the jurisdiction of the RMVT C,the Sending Juris diction s hall refer the case to the RMVTC.The referral s hall be in paper file form or by scanning and emailing at the discretion of the Sending Jurisdiction. 3.Once received by the Receiving Jurisdiction ,the referred files shall be entered into the Tuc son City Court AZTEC case management sys tem. 4.Once the Receiving Prosecutor receives the referral, the Tucson City Prosec utor's officewill prosec ute the case from that point forward,unless the case is referred back to the sending juris diction. 5.The Sending Jurisdiction ,by and through its Pres iding Magistrate,agrees to designate Tucson City Court Magistrate, Michael Pollard,asa Judge Pro Term of the Sending Juris diction forth e purposes of adjudicating cases referred to RMVTC. 6.The Sending Jurisdiction agrees to disposition of referred cases in the following manner; a.Upon referral to RMVTC,Defendant Veteran and a Veterans Services Representative shall develop a treatment plan through Veterans Services.The prosecution and defense shall develop an agreement that incorporates the treatment plan. b.Fines may be paid or satisfied with community restitution (service at the rate of $10.00 per hour for each hour of community service presented). c.Fines on Driving on a Suspended License charge (A.R.S. §28-3473)may have surcharges waived and fines reduced to $250.00. d.Fines on No Proof of Insurance (A.R.S. §28-4135)may be s uspended upon presentation of proof of Drivers Only Ins urance. e.Charges may be dismissed upon succe ssful completion of court-ordered treatment plan requirements. 7.The Town Agrees to pay the sum of $75,000 towards the RMVTC. RMVTC agrees to use their best efforts to obtain grants to cover the costs of Veteran’s Court. Should sufficient grants be obtained, the Parties agree to meet to consider a lesser payment by Town or a refund on costs incurred. 8.This Agreement shall become effective upon execution by the Parties hereto and shall remain in effect until July 1, 2018, unless otherwise terminated by the terms of this Agreement or operation of law. This agreement may be administratively extended by each Party on or before the Termination date for a period of an additional two years by notifying the other Parties in writing. 9.Nothing in this MOU will be construed as limiting or affecting the authority or legal responsibility of either party,or as binding either party to perform beyond the authority of each,or to require them to ass ume or expend any monies other than that listed. 10.The Town Manager and staff are hereby authorized to enter into any agreements as necessary to effectuate this MOU. AGREED to and accepting on this ____________ day of _____________, 2017 City of Tuc s on Pr esiding Tucson City Court Magistrate Town of Oro Valley Pr esiding Town of Oro Valley Court Magistrate T own of Oro Valley Oro Valley Town Manager APPROVED AS TO FORM BY: City of Tuc s on Attorney _________________________________ Legal Services Director of the Town of Oro Valley    Town Council Regular Session Item # 1. Meeting Date:07/05/2017   Requested by: Vice Mayor Waters & Councilmember Pina  Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF INITIATION OF ZONING CODE AMENDMENTS TO EXPAND THE USE OF PRIMARY COLORS FOR USE ON ARCHITECTURAL FEATURES; REVISE THE PLACEMENT LOCATION CRITERIA FOR A-FRAME SIGNS AND REVISE THE PLACEMENT LOCATION AND SIZE CRITERIA FOR OUTDOOR DISPLAY OF MERCHANDISE RECOMMENDATION: N/A EXECUTIVE SUMMARY: Vice Mayor Waters and Councilmember Piña have requested that this item be placed on the agenda for discussion. BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I MOVE that we direct staff to _____________________________________. Attachments No file(s) attached.    Town Council Regular Session Item # 2. Meeting Date:07/05/2017   Submitted By:Mike Standish, Town Clerk's Office Department:Town Clerk's Office Information SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF INITIATION OF A TYPE I GENERAL PLAN AMENDMENT TO EXTEND THE PLANNING BOUNDARY AND ADD A LAND USE DESIGNATION OF MASTER PLANNED COMMUNITY TO THE STATE OF ARIZONA OWNED PARCEL #21937003a, LOCATED AT THE NORTHWEST INTERSECTION OF W. TANGERINE ROAD AND N. COYOTE CROSSING TRAIL AND BORDERED BY W. MOORE ROAD AND N. THORNYDALE ROAD. RECOMMENDATION: Town staff recommend approval of this initiation request. EXECUTIVE SUMMARY: This request is the result of a collaborative effort with Arizona State Land Department to annex this site into Oro Valley. Extending the Town's Planning Boundary and applying a Master Planned Community Community land use designation is the first formal step in the process. This 302 acre site north of Tangerine Road is a component of a larger state land annexation effort that includes 550 acres directly south of Tangerine Road. Both properties (852 acres) are inbetween Shannon Road/N. Coyote Crossing Trail and Thornydale Road. The subject parcel is depicted in Attachment 1.  This request to initiate a Planning Boundary change and affix a land use designation will trigger, if approved, a formal written application, neighborhood meetings and future public hearings, as with any Tier 1 (major) general amendment. Public hearings will be completed by years end. BACKGROUND OR DETAILED INFORMATION: As a precursor to annexation, State land seeks a Pre-annexation Development As a precursor to annexation, State land seeks a Pre-annexation Development Agreement and zoning rights for their properties throughout Arizona. In order to lay the groundwork for negotiations and future zoning, this 302 acre site must be included in the Town's planning boundary and a general plan land use designation must be applied. The proposed Master Planned Community land use designation will enable needed flexibility to affix zoning in the future. This proposed designation is the same one currently applied to the 550 acre proposed annexation area on the south side of Tangerine Road. The aim is to have the entire 852 acres of state land property designated as Master Planned Community. If initiated by Town Council, neighborhood meetings will be scheduled in August and September. This will be followed by Planning & Zoning Commission hearings in October and November. Final action will be considered by Town Council in December. FISCAL IMPACT: There is no fiscal impact at this time. A fiscal impact analysis will be conducted as part of the future annexation process. SUGGESTED MOTION: I MOVE that we direct staff to initiate a Type I General Plan Amendment to extend the Planning Boundary and add a land use designation of Master Planned Community to the State land identified in Attachment 1.  Attachments ATTACHMENT 1 - LOCATION MAP  Camino de Anza Oro Valley Town Limits N Moore Road Tangerine Road ThornydaleRoad302 acres State Land 550 acres State Land Planning Area Subject Parcel Shannon RoadN. Coyote Crossing Trail