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AGENDA
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
October 18, 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
• Spotlight on Youth
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 - Bicentenary of the Birth of Baha'u'llah
2. Proclamation - Domestic Violence Awareness Month
3. Proclamation - Fire Prevention Month
4. Proclamation - Careers in Construction Month
CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - September 20, 2017
B. Fiscal Year 2017/18 Financial Update through August 2017
C. Resolution No. (R)17-41, authorizing and approving an Intergovernmental Agreement (IGA) among
Pima County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui Nation, Tucson
Airport Authority and the Town of Oro Valley Police Department for the formation, implementation,
deployment, equipping, governance and maintenance of a Regional Mobile Field Force Team
D. Resolution No. (R)17-42, authorizing and approving Grant Contract No. 2018-PTS-042 between the
Oro Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding of
Selective Traffic Enforcement Program (STEP) material and supplies
E. Resolution No. (R)17-43, authorizing and approving Grant Contract No. 2018-AL-020 between the Oro
Valley Police Department and the Governor’s Office of Highway Safety (GOHS) for funding
DUI/Impaired Driving Enforcement overtime and related materials and supplies
REGULAR AGENDA
1. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A
SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR RAGAZZI NORTHERN ITALIAN CUISINE,
LOCATED AT 7850 N. ORACLE ROAD
2.AMENDING CHAPTER 15 OF THE ORO VALLEY TOWN CODE AND THE TOWN COUNCIL
PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT REGARDING THE
EXTENSION OF BOARD AND COMMISSION TERM LIMITS
a. RESOLUTION NO. (R)17-40, AMENDING APPENDIX "B" OF THE TOWN COUNCIL
PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT REGARDING THE
EXTENSION OF BOARD AND COMMISSION TERM LIMITS
b. PUBLIC HEARING: ORDINANCE NO. (O)17-06, AMENDING TOWN CODE SECTION
15-4-3 REGARDING THE EXTENSION OF BOARD AND COMMISSION TERM LIMITS
3.AMENDING CHAPTER 25 OF THE ORO VALLEY ZONING CODE RELATING TO OUTDOOR
DISPLAYS
a. RESOLUTION NO. (R)17-39, DECLARING THE PROPOSED AMENDMENTS TO CHAPTER 25 OF
THE ORO VALLEY ZONING CODE RELATED TO OUTDOOR DISPLAYS, PROVIDED AS EXHIBIT
"A" WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC
RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)17-07, AMENDING CHAPTER 25 OF THE ORO VALLEY
ZONING CODE RELATED TO OUTDOOR DISPLAYS
4.AMENDING CHAPTER 28 OF THE ORO VALLEY ZONING CODE RELATING TO A-FRAME SIGNS
a. RESOLUTION NO. (R)17-44, DECLARING THE PROPOSED AMENDMENTS TO CHAPTER 28 OF
THE ORO VALLEY ZONING CODE RELATED TO A-FRAME SIGNS, PROVIDED AS EXHIBIT "A"
WITHIN THE ATTACHED RESOLUTION AND FILED WITH THE TOWN CLERK, A PUBLIC RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)17-08, AMENDING CHAPTER 28 OF THE ORO VALLEY
ZONING CODE RELATED TO A-FRAME SIGNS
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: 10/11/17 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.
Town Council Regular Session Item # 1.
Meeting Date:10/18/2017
Proclamation - Bicentenary of the Birth of Baha'u'llah
Information
Subject
Proclamation - Bicentenary of the Birth of Baha'u'llah
Summary
Attachments
Proclamation
Town Council Regular Session Item # 2.
Meeting Date:10/18/2017
Proclamation - Domestic Violence Awareness Month
Information
Subject
Proclamation - Domestic Violence Awareness Month
Summary
Attachments
Proclamation
Town Council Regular Session Item # 3.
Meeting Date:10/18/2017
Proclamation - Fire Prevention Month
Information
Subject
Proclamation - Fire Prevention Month
Summary
Attachments
Proclamation
Town Council Regular Session Item # 4.
Meeting Date:10/18/2017
Proclamation - Careers in Construction Month
Information
Subject
Proclamation - Careers in Construction Month
Summary
Attachments
Proclamation
Town Council Regular Session Item # A.
Meeting Date:10/18/2017
Requested by: Mike Standish Submitted By:Michelle Stine, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Minutes - September 20, 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 September 20, 2017
minutes.
Attachments
9-20-17 Draft Minutes
9-20-17 Minutes, Town Council Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
REGULAR SESSION
September 20, 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 6:00 p.m.
ROLL CALL
PRESENT:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember
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
Vice Mayor Waters reported that he and Councilmember Snider attended an American
Society of Safety Engineers (ASSE) meeting where Oro Valley was recognized for
Safety Leadership on Distracted Driving in our Community.
Councilmember Snider presented a Public Service Announcement (PSA) on Distracted
Driving. The PSA was produced by the Oro Valley Youth Advisory Council in
partnership with the Oro Valley Police Department and will be shown starting late
September 2017 at Century Theatres located at the Oro Valley Marketplace.
9-20-17 Minutes, Town Council Regular Session 2
Councilmember Snider recognized Alexander Jacob Schafer "AJ", a fourth grade
student from Wilson K-8 School, for being a community leader and advocate for juvenile
diabetes.
DEPARTMENT REPORTS
Planning Manager Bayer Vella encouraged citizens to register for the 2017 Fall
Community Academy at www.orovalleyaz.gov.
ORDER OF BUSINESS
Mayor Hiremath reviewed the order of business and stated the order would stand as
posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
No comments were received.
PRESENTATIONS
1.Proclamation -National Arts and Humanities Month
Mayor Hiremath proclaimed October 2017 as National Arts and Humanities Month.
Oro Valley Arts and Cultural Ambassadors JoAnn Carolla and Gail Munden along with
Economic Development Manager Amanda Jacobs and Economic Development
Specialist Margie Adler accepted the proclamation.
2.Presentation of a plaque of appreciation to Interim Town Manager Danny Sharp
Mayor Hiremath presented Daniel Sharp with a plaque of appreciation for
his outstanding service to the Town of Oro Valley and for his time, expertise and
dedication as Interim Town Manager from June 2, 2016 through September 5, 2017.
3.Presentation of a trophy to Mayor Hiremath regarding the Spirit of Tucson,
Mayor’s Cup Pinewood Derby Race
Mayor Hiremath was presented with a first place trophy for the Spirit of Tucson, Mayor's
Cup Pinewood Derby Race from Doug Wright, Pinewood Derby head judge and
President of Commercial Investors Realty, Inc., and Susan Hicks, Development Director
for Catalina Council, Boy Scouts of America.
9-20-17 Minutes, Town Council Regular Session 3
CONSENT AGENDA
A.Minutes -September 6, 2017
B.Appointment to the Historic Preservation Commission (HPC)
C.Fiscal Year 2017/18 Financial Update through July 2017
D.Resolution No. (R)17-38, adopting the Pima County Multi-Jurisdictional Hazard
Mitigation Plan
E.Request for approval of Conceptual Public Art for OneAZ Credit Union, located on
the northeast corner of 1st Avenue and Oracle Road
F.Request for approval of Conceptual Public Art for Tucson Cactus and Koi, located
east of Oracle Rd., approximately a 1/4 mile south of Magee Road
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Rodman to approve Consent Agenda items (A - F).
MOTION carried, 7-0.
REGULAR AGENDA
1.PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN
APPLICATION FOR A SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE
FOR GROWLER USA, LOCATED AT 9630 N. ORACLE ROAD
Town Clerk Mike Standish presented item #1.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Solomon to recommend approval of the issuance of a Series 7 Liquor
License to the Arizona Department of Liquor Licenses and Control for Darrin Pierce for
Growler USA, located at 9630 N. Oracle Rd.
MOTION carried, 7-0.
2.DISCUSSION AND DIRECTION TO THE APPLICANT, MONTERRA HILLS
HOMEOWNERS ASSOCIATION (HOA), AND STAFF REGARDING THE
DEDICATION OF AN UNNAMED WASH (224-01-196C) FROM PRIVATE TO
9-20-17 Minutes, Town Council Regular Session 4
PUBLIC THAT ALSO INCLUDES THE TRANSFER TO THE TOWN OF THE
COMMON AREA PARCEL (224-01-196C) WEST OF MUSETTE DRIVE
Community Development and Public Works Director Paul Keesler gave an overview of
item #2 that included the following;
- Area History
- Request
Discussion ensued amongst Council and staff regarding item #2.
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Rodman to direct the applicant, Monterra Hills Homeowners
Association (HOA), and staff to satisfy the Conditions of Approval for the dedication of
an unnamed wash (224-01-196c) from private to public, that also includes the transfer
to the Town the common area parcel (224-01-196c) west of Musette Dr. and return the
item for formal acceptance at a later Council meeting.
Conditions of Approval
1. For the wash dedication, the parcel definition of the portion of the existing Common
Area C shall exclude all soil cement structures protecting the home sites and
common areas of the Monterra Ridge Subdivision and Monterra Knolls subdivision
and Tangerine Terrace subdivision. All said drainage structures shall remain under
original ownership.
2. If during the acceptance processing, any unique situation arises, the Town Engineer
reserves the right to address the situation and require the Monterra Hills HOA to
provide necessary mitigation measures needed to render the proposed parcels
acceptable for Town ownership.
The Monterra Hills HOA shall provide:
3. The current common area representing the land parcel containing unnamed wash
shall be subdivided. The subdivision shall remove the drainage structures detailed in
condition 1 above.
This subdivision shall be properly applied and filed through the Town’s development
review platting process and conform to current Town standards. The resulting
parcel shall contain data necessary for land ownership transfer.
4. A public access easement for use by the Town shall be recorded so as to provide
the Town acceptable access to the wash parcel.
5. Where easement, liens, other property rights, rights to any person, utility or
corporation have been previously dedicated, granted or otherwise conveyed,
9-20-17 Minutes, Town Council Regular Session 5
within the proposed parcels, a release must be obtained from each person,
utility or corporation agreeing to the change in ownership. A comprehensive title
report showing all property interests in the property sought to be considered for
acceptance shall be furnished to the Town at the time of the application.
6. A marketable title subject only to necessary public utility easements, must be
deeded to the Town. Proof that no liens or taxes are due on the property to be
deeded must be provided to the Town. Further, a warranty deed subject only to
necessary public utility easements shall be provided. Upon acceptance by the Town,
a title insurance policy shall be furnished by the applicant showing the title is vested
in the Town, subject only to necessary public utility easements.
7. An environmental audit shall be prepared by a qualified environmental
professional certifying that no know or potential environmental hazards exist
with respect to the property being considered for acceptance as public domain.
Only that area for which an environmental audit certifies there are no known or
potential environmental hazards on any of the property to be deeded or dedicated to
the public may be considered for acceptance for maintenance by the Town.
8. A complete legal description of the area being proposed for acceptance must also
be submitted with the map or plat.
9. The above requirements may be reduced or waived by the Town Council. The
request for waiver or reduction shall be in writing and shall specify the reasons for
the request. This request for waiver may be submitted prior to, or in conjunction with,
the application. The request for waiver will be acted upon at a regularly scheduled
Council meeting at which time the applicant, or the applicant’s representative, shall
be present to respond to any Council inquiries.
MOTION carried, 7-0.
FUTURE AGENDA ITEMS
No future agenda items were requested.
CALL TO AUDIENCE
No comments were received.
ADJOURNMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to adjourn the meeting at 6:47 p.m.
MOTION carried, 7-0.
9-20-17 Minutes, Town Council Regular Session 6
Prepared by:
__________________________
Michelle Stine, CMC
Deputy Town Clerk
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of
the regular session of the Town of Oro Valley Council of Oro Valley, Arizona held on the
20th day of September, 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 Council Regular Session Item # B.
Meeting Date:10/18/2017
Requested by: Stacey Lemos Submitted By:Wendy Gomez, Finance
Department:Finance
Information
SUBJECT:
Fiscal Year 2017/18 Financial Update through August 2017
RECOMMENDATION:
This item is for information only.
EXECUTIVE SUMMARY:
In the General Fund (see Attachment A), revenues collected through August totaled $6.3
million or 17.4% of the budget amount of $36.3 million. Year-to-date expenditures
through August totaled $4.5 million or 12.2% of the budget amount of $36.7 million.
In the Highway Fund (see Attachment B), revenues collected through August totaled
$556,726 or 14.5% of the budget amount of $3.8 million. Year-to-date expenditures
through August totaled $321,094 or 6.5% of the budget amount of $4.9 million.
In the Bed Tax Fund (see Attachment C), revenues collected through August totaled
$173,528 or 15.3% of the budget amount of $1.1 million. Year-to-date expenditures
through August totaled $264,154 or 21.1% of the budget amount of $1.3 million.
In the Community Center Fund (see Attachments D-1, D-2 and D-3), revenues collected
through August totaled $864,576 or 13.3% of the budget amount of $6.5 million.
Year-to-date expenditures through August totaled $1,041,009 or 16.0% of the budget
amount of $6.5 million.
BACKGROUND OR DETAILED INFORMATION:
GENERAL FUND
Attachment A shows General Fund revenues and expenditures through August, as well
as year-end estimates for each category. The estimated year-end projections in the
General Fund are as follows:
Revenues $36,670,369
Less:
Expenditures ($36,818,202)
Less:
Council-Approved Use of Contingency:
- Regional Municipalities Veteran's
Treatment Court ($75,000) Approved July 5, 2017
Estimated Decrease in Fund Balance ($222,833)
General Fund Revenues
Local sales tax collections in the General Fund total $3.2 million or 18.4% of the
budget amount of $17.2 million. Please see Attachment F for a monthly tracking of
General Fund local sales tax collections, including construction and utility sales tax.
License and permit revenues total $617,189 or 29.9% of the budget amount of $2.1
million. These revenues are expected to come in over budget by about $314,000,
due to plan check fees for the Nakoma Sky (La Posada) development.
Approximately $190,000 of these revenues will be paid for outside plan review of
this project.
State shared revenues total $1.8 million or 15.7% of the budget amount of $11.6
million.
Charges for Services revenues total $406,960 or 18.4% of the budget amount of
$2.2 million.
Interest Income revenues total $82,487 or 80.1% of the budget amount of $103,000.
These revenues are expected to come in over budget by about $20,500 based on
year-to-date collections. Please note this is an estimate and is subject to change.
Overall, total General Fund revenues are estimated to come in over budget by
approximately $335,000 at year-end.
General Fund Expenditures
General Fund expenditures are estimated to come in over budget by about $93,000
or 0.3%. This is due to roughly $190,000 in outside plan review costs for Nakoma
Sky as referenced in the revenue discussion above, offset with approximately
$97,000 in anticipated personnel savings. Please note these are estimates and are
subject to change.
HIGHWAY FUND
Highway Fund Revenues
State shared highway user funds total $502,414 or 14.9% of the budget amount of
$3.4 million.
All Highway Fund revenues are projected to come in on budget at this time.
Highway Fund Expenditures
Highway Fund expenditures are projected to come in under budget by almost
$20,000 or 0.4%, due to personnel savings. Please note this is an estimate and is
subject to change.
BED TAX FUND
Bed Tax Revenues
Bed tax collections total $169,567 or 15.0% of the budget amount of $1.1 million.
All Bed Tax Fund revenues are projected to come in on budget at this time.
Bed Tax Fund Expenditures
All Bed Tax Fund expenditures are projected to come in on budget at this time.
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
Revenues in the Community Center Fund total $864,576 or 13.3% of the budget
amount of $6.5 million. Contracted operating revenues from Troon total $377,021
and Town operating revenues total $145,606. Local sales tax revenues from the
dedicated half-cent sales tax total $341,949 or 14.8% of the budget amount of $2.3
million.
Local sales tax revenues from the dedicated half-cent sales tax are estimated to
come in on budget at this time.
Contracted operating revenues from Troon are estimated to come in on budget at
this time.
Town operating revenues are estimated to come in over budget by $2,700 or 0.3%,
due to facility rental income.
Community Center Expenditures
Expenditures in the Community Center Fund total $1,041,009 or 16.0% of the
budget amount of $6.5 million. Contracted operating expenditures from Troon total
$859,291 and Town operating expenditures total $165,148. Capital expenditures
total $16,570.
Contracted operating expenditures from Troon are estimated to come in on budget
at this time.
Town operating expenditures are projected to come in on budget at this time.
Capital outlay is projected to come in on budget at this time.
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 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
August YTD Financial Status
General Fund
% Budget Completion through August --- 16.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
LOCAL SALES TAX 3,166,630 17,164,573 18.4% 17,164,573 0.0%
LICENSES & PERMITS 617,189 2,063,121 29.9% 2,377,494 15.2%
FEDERAL GRANTS 44,821 471,342 9.5% 471,342 0.0%
STATE GRANTS 12,820 234,760 5.5% 234,760 0.0%
STATE/COUNTY SHARED 1,831,123 11,636,928 15.7% 11,636,928 0.0%
OTHER INTERGOVERNMENTAL 136,328 1,793,360 7.6% 1,793,360 0.0%
CHARGES FOR SERVICES 406,960 2,210,453 18.4% 2,210,453 0.0%
FINES 21,259 120,000 17.7% 120,000 0.0%
INTEREST INCOME 82,487 103,000 80.1% 123,459 19.9%
MISCELLANEOUS 3,343 233,000 1.4% 233,000 0.0%
TRANSFERS IN - 305,000 0.0%305,000 0.0%
TOTAL REVENUES 6,322,958 36,335,537 17.4% 36,670,369 0.9%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
COUNCIL 72,448 214,759 33.7% 214,759 0.0%
CLERK 40,471 485,098 8.3% 485,098 0.0%
MANAGER 107,448 844,708 12.7% 844,708 0.0%
HUMAN RESOURCES 40,698 375,790 10.8% 375,790 0.0%
FINANCE 99,657 810,006 12.3% 802,313 -0.9%
INFORMATION TECHNOLOGY 288,354 2,189,939 13.2% 2,176,693 -0.6%
GENERAL ADMINISTRATION 168,519 1,682,216 10.0% 1,682,216 0.0%
LEGAL 91,941 779,670 11.8% 779,670 0.0%
COURT 113,033 874,282 12.9% 874,282 0.0%
COMM. DEV. & PUBLIC WORKS 574,676 4,893,469 11.7% 5,007,239 2.3%
PARKS & RECREATION 417,155 3,667,092 11.4% 3,667,092 0.0%
POLICE 2,040,520 17,108,674 11.9% 17,108,674 0.0%
TRANSFERS OUT 409,961 2,799,668 14.6%2,799,668 0.0%
TOTAL EXPENDITURES 4,464,880 36,725,371 12.2% 36,818,202 0.3%
SURPLUS / (DEFICIT) 1,858,079 (389,834) (147,833)
BEGINNING FUND BALANCE **12,470,961
Plus: Surplus / (Deficit)(147,833)
Less:
Approved Use of Contingency Reserves during FY 17/18:
Regional Municipalities Veteran's Treatment Court (75,000)
ENDING FUND BALANCE **12,248,128
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Actuals
thru 8/2017
Actuals
thru 8/2017
Budget
F:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Aug FY 18 Monthly Report 10/6/2017
ATTACHMENT B
August YTD Financial Status FY 2017/2018
% Budget Completion through August --- 16.7%
Actuals
thru 8/2017 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to BudgetREVENUES:
LICENSES & PERMITS 7,964 57,000 14.0% 57,000 0.0%
STATE GRANTS 27,652 100,000 27.7% 100,000 0.0%
STATE/COUNTY SHARED 502,414 3,363,581 14.9% 3,363,581 0.0%
INTEREST INCOME 18,294 36,994 49.5% 36,994 0.0%
MISCELLANEOUS 401 2,000 20.1% 2,000 0.0%
TRANSFERS IN - 275,000 0.0%275,000 0.0%
TOTAL REVENUES 556,726 3,834,575 14.5% 3,834,575 0.0%
Actuals
thru 8/2017 Budget % Actuals
to Budget
Year End
Estimate *
YE % Variance
to Budget
EXPENDITURES:
ADMINISTRATION 65,855 741,063 8.9% 741,063 0.0%
TRANSPORTATION ENGINEERING 104,026 661,582 15.7% 661,582 0.0%
PAVEMENT MANAGEMENT 12,984 1,638,078 0.8% 1,638,078 0.0%
STREET MAINTENANCE 96,104 1,064,607 9.0% 1,044,970 -1.8%
TRAFFIC ENGINEERING 42,124 844,547 5.0%844,547 0.0%
TOTAL EXPENDITURES 321,094 4,949,877 6.5% 4,930,240 -0.4%
SURPLUS / (DEFICIT) 235,632 (1,115,302) (1,095,665)
BEGINNING FUND BALANCE **1,350,903
Plus: Surplus / (Deficit)(1,095,665)
ENDING FUND BALANCE **255,238
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
Highway Fund
F:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Aug FY 18 Monthly Report 10/6/2017
ATTACHMENT C
August YTD Financial Status
% Budget Completion through August --- 16.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
BED TAXES 169,567 1,126,955 15.0% 1,126,955 0.0%
INTEREST INCOME 3,962 8,011 49.5% 8,011 0.0%
MISCELLANEOUS - - 0.0%- 0.0%
TOTAL REVENUES 173,528 1,134,966 15.3% 1,134,966 0.0%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
ECONOMIC DEVELOPMENT 39,135 844,158 4.6% 844,158 0.0%
TRANSFERS OUT 225,019 410,019 54.9%410,019 0.0%
TOTAL EXPENDITURES 264,154 1,254,177 21.1% 1,254,177 0.0%
SURPLUS / (DEFICIT) (90,626) (119,211) (119,211)
BEGINNING FUND BALANCE **462,611
Plus: Surplus / (Deficit)(119,211)
Less:
Approved Use of Contingency Reserves:
Tohono Chul Park Financial Participation Agreement (250,000)
ENDING FUND BALANCE **93,400
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Year End
Estimate *
Budget Year End
Estimate *
Bed Tax Fund
Budget Actuals
thru 8/2017
Actuals
thru 8/2017
F:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Aug FY 18 Monthly Report 10/6/2017
ATTACHMENT D-1
August YTD Financial Status
% Budget Completion through August --- 16.7%
% Actuals YE % Variance
to Budget to Budget
REVENUES:
CONTRACTED OPERATING REVENUES
Golf Revenues 96,597 1,038,825 9.3% 1,038,825 0.0%
Member Dues (Golf) 118,831 959,009 12.4% 959,009 0.0%
Tennis Revenues 40,036 345,900 11.6% 345,900 0.0%
Food & Beverage 96,439 793,887 12.1% 793,887 0.0%
Merchandise & Other 25,118 244,730 10.3%244,730 0.0%
377,021 3,382,351 11.1% 3,382,351 0.0%
TOWN OPERATING REVENUES
Daily Drop-Ins 4,107 23,000 17.9% 23,000 0.0%
Member Dues 115,828 614,000 18.9% 614,000 0.0%
Recreation Programs 22,032 134,000 16.4% 134,000 0.0%
Swim Team/Swim Lessons - 1,500 0.0% 1,500 0.0%
Facility Rental Income 3,592 4,580 78.4% 7,280 59.0%
Concession Sales 47 500 9.4%500 0.0%
145,606 777,580 18.7% 780,280 0.3%
OTHER REVENUES
Local Sales Tax 341,949 2,308,112 14.8% 2,308,112 0.0%
Real Property Rental Income - 27,861 0.0%27,861 0.0%
341,949 2,335,973 14.6% 2,335,973 0.0%
TOTAL REVENUES 864,576 6,495,904 13.3% 6,498,604 0.0%
% Actuals YE % Variance
to Budget to Budget
EXPENDITURES:
CONTRACTED OPERATING EXPENDITURES
Personnel 335,886 2,121,525 15.8% 2,122,779 0.1%
Operations & Maintenance 458,032 2,712,454 16.9% 2,711,199 0.0%
Equipment Leases 65,373 371,313 17.6%371,314 0.0%
859,291 5,205,292 16.5% 5,205,292 0.0%
TOWN OPERATING EXPENDITURES
Personnel 140,029 745,858 18.8% 745,858 0.0%
Operations & Maintenance 25,120 284,548 8.8%284,548 0.0%
165,148 1,030,406 16.0% 1,030,406 0.0%
CAPITAL OUTLAY 16,570 94,250 17.6% 94,250 0.0%
TRANSFERS OUT - 165,956 0.0% 165,956 0.0%
TOTAL EXPENDITURES 1,041,009 6,495,904 16.0% 6,495,904 0.0%
SURPLUS / (DEFICIT) (176,433) - 2,700
BEGINNING FUND BALANCE **(97,156)
Plus: Surplus / (Deficit)2,700
ENDING FUND BALANCE **(94,456)
* Year-end estimates are subject to further revision
** Beginning and ending fund balance amounts are estimates and are subject to further revision
FY 2017/2018
Actuals
thru 8/2017 Budget Year End
Estimate *
Community Center Fund
Actuals
thru 8/2017 Budget Year End
Estimate *
F:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Aug FY 18 Monthly Report 10/6/2017
ATTACHMENT D-2
TROON
El Conquistador Cash Flow Statement
Actual Actual Actual Original Budget Forecast
Jul-17 Aug-17 Total TOTAL TOTAL
Revenues:
Golf Fees, net of discounts 20,933 29,780 50,713 780,706 780,706
Trail Fees & Member Cart Fees 19,317 17,660 36,977 205,664 205,664
Golf - Group Services - 126 126 1,760 1,760
Range, Rentals, Other Golf related 2,794 2,897 5,691 40,930 40,930
Golf Lessons 405 285 690 5,205 5,205
Income - Golf Schools 2,400 - 2,400 4,560 4,560
Total Member Dues 58,678 60,153 118,831 959,009 959,009
Other Member Income 312 177 489 - -
Swim/Tennis Revenues 25,228 14,808 40,036 345,900 345,900
Income - Other (non - golf) 11 75 86 - -
Merchandise, net of discounts 10,460 14,083 24,543 244,730 244,730
Food and Beverage, net of discounts 47,336 49,103 96,439 793,887 793,887
Total Revenues 187,874 189,147 377,021 3,382,351 3,382,351
Cost of Sales:
COS - Group Services Golf 17 125 142 1,760 1,902
COS - Golf Lessons 324 333 657 3,644 3,903
COS - Golf Schools 1,666 - 1,666 3,648 5,314
COS - Service Commissions 15,523 12,325 27,848 176,330 180,868
COS - Merchandise, net of discounts 7,715 5,567 13,282 158,234 157,527
COS - Other (non - golf) (1,572) - (1,572) - (1,572)
COS - Food & Beverage 17,099 19,701 36,800 282,045 291,386
Total Cost of Sales 40,772 38,051 78,823 625,660 639,327
Gross Profit 147,102 151,096 298,198 2,756,691 2,743,024
Operating Expenses:
Payroll 130,038 137,301 267,339 1,684,714 1,685,341
Employee Benefits 30,933 31,745 62,678 409,777 410,267
Employee Related 3,367 2,502 5,869 27,034 27,171
Advertising & Marketing 5,429 5,790 11,219 69,983 71,194
Repair & Maintenance 30,650 29,992 60,642 423,482 404,852
Operating Expenses 17,312 17,012 34,324 258,196 244,549
Total Operating Expenses 217,729 224,342 442,071 2,873,186 2,843,374
Operating Profit (70,627) (73,246) (143,873) (116,495) (100,350)
Leases - Carts 9,282 9,282 18,563 119,745 118,897
Leases - Equipment 23,029 23,780 46,810 251,568 252,417
Utilities 127,430 120,728 248,158 1,190,026 1,205,483
Fixed Operating Expenses 159,741 153,790 313,531 1,561,339 1,576,797
Gross Operating Profit (230,368) (227,036) (457,404) (1,677,834) (1,677,147)
Insurance 97 97 194 1,107 1,122
Fees, Permits & Licenses 335 335 335
Base Management Fees 12,000 12,000 24,000 144,000 144,000
Bad Debt 337 337 337
Total Other Expenses 12,097 12,769 24,866 145,107 145,794
Net Operating Income (Loss) (242,465) (239,805) (482,270) (1,822,941) (1,822,941)
10/6/2017
ATTACHMENT D-3
ACTUAL BUDGET ACTUAL BUDGET
MONTH MONTH Y-T-D Y-T-D
FOOD & BEVERAGE REVENUE 49,103 34,200 96,439 73,560
TOTAL REVENUES 49,103 34,200 96,439 73,560
COST OF SALES 19,701 12,631 36,800 27,460
PAYROLL & BENEFITS 36,546 35,452 70,055 70,337
OPERATING EXPENSES 7,982 3,900 15,285 9,000
NET INCOME (LOSS) (15,126) (17,783) (25,701) (33,237)
EL CONQUISTADOR
INCOME STATEMENT CONSOLIDATED - RESTAURANT/GRILLE - AUGUST 2017
10/6/2017
ATTACHMENT EConsolidated Year-to-Date Financial Report through August, 2017 FY 2017/2018FY 17/18 Capital Leases/Left in AccountsBegin Bal. Transfer OutThru Aug 2017General Fund - Unassigned 11,029,100 6,322,958 6,322,958 409,961 3,205,810 822,217 26,892 4,464,880 12,887,179 General Fund - Assigned 1,441,861 - 1,441,861 Highway Fund - Restricted 1,350,903 556,726 556,726 263,027 58,067 321,094 1,586,536 Seizure & Forfeiture - Justice/State 303,106 - 32 36,486 5,594 42,113 260,993 Bed Tax Fund - Committed 462,611 173,528 173,528 225,019 36,687 2,448 264,154 371,985 Impound Fee Fund 25,318 5,850 5,850 7,989 7,989 23,179 Community Center Fund (97,156) 864,576 864,576 65,373 140,029 819,038 16,570 1,041,009 (273,591) Municipal Debt Service Fund 89,327 31,573 637,827 669,400 2,550 679,778 682,328 76,399 Oracle Road Debt Service Fund 6,737 434 434 - 7,172 Alternative Water Resources Dev Impact Fee Fund 6,420,133 322,035 322,035 - 6,742,168 Potable Water System Dev Impact Fee Fund 5,557,164 170,340 170,340 256,646 256,646 5,470,858 Townwide Roadway Development Impact Fee Fund 3,095,461 85,570 85,570 - 3,181,031 Parks & Recreation Impact Fee Fund 514,986 49,648 49,648 - 564,634 Police Impact Fee Fund 505,282 17,980 17,980 - 523,262 General Government Impact Fee Fund 3,524 - - 3,524 General Government CIP Fund 1,716,361 - 12,985 303 436,971 450,259 1,266,102 PAG/RTA Fund 886,456 1,216,564 1,216,564 20,694 723,725 744,419 1,358,601 Water Utility9,814,982 3,184,077 3,184,077 2,847 409,310 851,332 105,203 3,004,267 4,372,959 8,626,100 Stormwater Utility511,261 242,515 242,515 73,912 26,711 49,662 150,285 603,491 Fleet Fund 919,263 121,189 121,189 12,125 38,286 302,691 353,102 687,350 Benefit Self Insurance Fund 209,720 540,013 540,013 472,419 472,419 277,314 Recreation In-Lieu Fee Fund 15,718 - - 15,718 Energy Efficiency Project Fund 568,337 - 1,283 1,283 567,054 Capital Project Bond Fund- - - Total 45,350,456 13,905,576 637,827 14,543,403 703,200 4,182,601 3,129,857 1,668,591 - 3,940,691 13,624,940 46,268,917 Total OutPersonnel O&M Capital ContingencyFund RevenueOther Fin Sources/TfrsTotal InDebt ServiceF:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Attachment E - Summary All Funds10/6/2017
ATTACHMENT FGeneral Fund Local Sales Tax CollectionsFY 2017/18CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 547,514 469,050 1,016,564 Utility Sales Tax 202,208 429,402 631,610 Retail Sales Tax 541,876 478,942 1,020,818 All Other Local Sales Tax *202,678 219,584 422,262 TOTAL 1,494,276$ 1,596,978$ 3,091,254$ FY 2016/17CATEGORYJULYAUGSEPOCTNOVDECJANFEBMARAPRMAYJUNETOTALConstruction Sales Tax 211,862 188,622 464,738 331,337 302,776 310,738 553,592 307,122 457,822 400,603 660,930 602,001 4,792,143 Utility Sales Tax 256,758 319,698 294,983 273,535 216,045 210,750 210,159 235,740 210,303 197,163 205,177 221,911 2,852,222 Retail Sales Tax 498,390 460,006 467,191 491,196 495,453 598,150 774,898 489,541 512,147 544,825 565,002 542,081 6,438,880 All Other Local Sales Tax *171,723 170,598 181,484 157,224 196,370 185,762 203,062 196,780 236,388 188,520 220,840 195,229 2,303,981 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$ 1,561,222$ 16,387,225$ * Note: Does not include cable franchise fees or sales tax audit revenuesF:\BUDGET ANALYST\Financial Reports 2017-2018\1Q\Aug\Attachment F - Gen Fund Local Sales Tax10/6/2017
Town Council Regular Session Item # C.
Meeting Date:10/18/2017
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police
Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)17-41, authorizing and approving an Intergovernmental Agreement
(IGA) among Pima County, Town of Marana, City of South Tucson, Town of Sahuarita,
Pascua Yaqui Nation, Tucson Airport Authority and the Town of Oro Valley Police
Department for the formation, implementation, deployment, equipping, governance and
maintenance of a Regional Mobile Field Force Team
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
Request is being made to enter into an IGA with regional partners including Pima
County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui
Nation, Tucson Airport Authority and the Town of Oro Valley Police Department for the
formation, implementation, deployment, equipping, governance and maintenance of a
Regional Mobile Field Force Team.
BACKGROUND OR DETAILED INFORMATION:
As stated in the IGA, the purpose is to form the Pima Regional Mobile Field Force Team,
the mission of which is to respond when requested by a participating jurisdiction or other
law enforcement entity to any of the following: civil disobedience, protest, civil
disturbance, riot, or sports riot, which requires the response of a cohesive unilateral law
enforcement response to mitigate protestor actions during a civil disorder event and to
secure, isolate and resolve situations in a manner consistent with escalation of force
theories and the preservation of life.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)17-41, authorizing and approving an
I MOVE to (adopt or deny) Resolution No. (R)17-41, authorizing and approving an
Intergovernmental Agreement (IGA) among Pima County, Town of Marana, City of South
Tucson, Town of Sahuarita, Pascua Yaqui Nation, Tucson Airport Authority and the
Town of Oro Valley Police Department for the formation, implementation, deployment,
equipping, governance and maintenance of a Regional Mobile Field Force Team.
Attachments
(R)17-41 Regional Mobile Field Force Team
IGA for Regional Mobile Field Force
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@500CC37C\@BCL@500CC37C.doc
RESOLUTION NO. (R)17-41
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, AUTHORIZING AND APPROVING
AN INTERGOVERNMENTAL AGREEMENT AMONG PIMA
COUNTY, TOWN OF MARANA, CITY OF SOUTH TUCSON,
TOWN OF SAHUARITA, PASCUA YAQUI NATION, THE
TUCSON AIRPORT AUTHORITY AND THE TOWN OF ORO
VALLEY POLICE DEPARTMENT FOR THE FORMATION,
IMPLEMENTATION, DEPLOYMENT, EQUIPPING,
GOVERNANCE AND MAINTENANCE OF A REGIONAL
MOBILE FIELD FORCE TEAM
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 is authorized to establish and maintain the Oro Valley Police
Department, pursuant to A.R.S. § 9-240 (B)(12); and
WHEREAS, the Town wishes to enter into an Intergovernmental Agreement with Pima
County, Town of Marana, City of South Tucson, Town of Sahuarita, Pascua Yaqui
nation, and the Tucson Airport Authority for the formation, implementation, deployment,
equipping, governance and maintenance of a Regional Mobile Field Force Team; and
WHEREAS,This Regional Mobile Field Force Team will cooperative team among the
listed jurisdictions who will work together through their various law enforcement
agencies to form and operate the Pima Regional Mobile Field Force Team to assist in
regional law enforcement needs; and
WHEREAS, the term of this IGA shall be for five years from its effective date and shall
have the option to extend the terms of the agreement for two additional five year terms;
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 to provide for the health, safety and welfare of
the residents of the Town of Oro Valley and the State of Arizona.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, that:
SECTION 1. The Intergovernmental Agreement attached hereto as Exhibit “A” and
incorporated herein by this reference, with Pima County, Town of Marana, City of South
Tucson, Town of Sahuarita, Pascua Yaqui nation, and the Tucson Airport Authority for
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@500CC37C\@BCL@500CC37C.doc
the formation, implementation, deployment, equipping, governance and maintenance of a
Regional Mobile Field Force Team is hereby authorized and approved.
SECTION 2. The Chief of Police and other administrative officials of the Town of Oro
Valley are hereby authorized to take such 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 18
th day ofOctober, 2017.
TOWN OF ORO VALLEY
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@500CC37C\@BCL@500CC37C.doc
EXHIBIT “A”
1
Intergovernmental Agreement
among
Pima County, Town of Oro Valley, Town of Marana, City of South Tucson,
Town of Sahuarita, Pascua Yaqui Nation, and the Tucson Airport Authority
for the Formation, Implementation, Deployment, Equipping, Governance and
Maintenance of a Regional Mobile Field Force Team
This Intergovernmental Agreement (this “IGA ”) is entered into by and among Pima
County, a political subdivision of the State of Arizona (“County”); the Town of Oro Valley, a
municipal corporation; the Town of Marana, a municipal corporation; the City of South
Tucson, a municipal corporation; the Town of Sahuarita, a municipal corporation; the Pascua
Yaqui Nation; and the Tucson Airport Authority (referred to collectively as the “Participating
Jurisdictions).
Recitals
A. WHEREAS the Participating Jurisdictions previously entered into a collective
agreement to form and operate the Pima Regional Mobile Field Force (“MFF)
Team; and
B. WHEREAS the County and municipal corporation Participating Jurisdictions may
contract for services and enter into agreements with one another for joint or
cooperative action pursuant to A.R.S. § 11-951, et seq.; and
C. WHEREAS the Pascua Yaqui Tribe may contract for services and enter into
agreements for joint or cooperative action pursuant to Article VI, Section 1(a) of
the Constitution of the Pascua Yaqui Tribe; and
D. WHEREAS continuation of the Pima Regional MFF Team will maintain and
enhance the ability of the Participating Jurisdictions, through their various law
enforcement agencies, to respond to those situations in which use of a MFF Team
is appropriate.
2
NOW, THEREFORE, the Participating Jurisdictions, pursuant to the above, and in
consideration of the matters and things hereinafter set forth, do mutually agree as follows:
Agreement
I. Purpose
The purpose of this IGA is to form the Pima Regional Mobile Field Force Team, the
mission of which is to respond when requested by a Participating Jurisdiction or other
law enforcement entity to any of the following: civil disobedience, protest, civil
disturbance, riot, or sports riot, which requires the response of a cohesive unilateral law
enforcement response to mitigate protestor actions during a civil disorder event and to
secure, isolate and resolve situations in a manner consistent with escalation of force
theories and the preservation of life.
II. Scope
The Participating Jurisdictions shall work together in good faith through their various
law enforcement agencies to form and operate the Pima Regional MFF Team as set
forth in the Standard Operating Procedures and Policies manual (the “Manual”), which
is incorporated herein by this reference, and under the terms and conditions set forth
herein.
Additional jurisdictions may be permitted to participate upon the unanimous consent of
all the then Participating Jurisdictions, and execution of a resolution and a counterpart
signature page to this IGA by the additional jurisdiction’s governing body. Any new
participant so admitted will be deemed to be a “Participating Jurisdiction,” hereunder.
All individuals selected to participate as members of the MFF Team will continue to be
employees of the Participating Jurisdiction with which they are associated.
III. Financing
Each Participating Jurisdiction will fund the procurement of all necessary equipment
for its members of the Unit. Grant funds obtained for the Pima Regional MFF Team
shall be used for the benefit of all Participating Jurisdictions. In the event a
Participating Jurisdiction withdraws from the Unit pursuant to Section V(A) or (B) of
this IGA, the Jurisdiction shall not be entitled to any share of grant funds existing at the
date of withdrawal, and all such funds shall continue to be used for the benefit of the
remaining Participating Jurisdictions. Each Participating Jurisdiction shall bear the
costs of its employees incurred in the implementation of this IGA, including wages
(including overtime), health insurance, benefits and workers’ compensation.
3
IV. Term
This IGA shall be for an initial term of five years, effective on the date it is recorded
with the Pima County Recorder, following execution by all the parties. The parties
shall have the option to extend the term of this IGA for two additional five (5) year
periods or any portion thereof. Any modification or time extension of this IGA shall be
by formal written amendment executed by the parties.
V. Termination
A. Withdrawal without Cause. A Participating Jurisdiction may terminate its
participation in the MFF Team under this IGA, with no less than sixty calendar
days written notice to the other Participating Jurisdictions. If a Participating
Jurisdiction terminates as a result of a failure of its governing body to budget and
appropriate sufficient funds to support that Participating Jurisdiction’s
participation, and a sixty calendar days notice is not possible, it shall give the
other Participating Jurisdictions written notice of the non-appropriation within
ten (10) days after the final budget is adopted by its governing body.
B. Withdrawal for Cause. A Participating Jurisdiction may withdraw immediately
in the event that the MFF Team, for reasons other than the actions or directions of
that Jurisdiction’s Unit members, materially breaches the standard operating
procedures in a manner that exposes that Jurisdiction to significant additional
legal liability, or the Team or one or more other Participating Jurisdictions
materially breaches this IGA. Because each Participating Jurisdiction
understands and acknowledges that its withdrawal from the Team will cause
significant disruption to the operation of the Team, it shall not exercise this
termination option unless the breach or exposure is significant, material, and of
an on-going nature.
C. Termination in Event of County Withdrawal. In the event that the County
terminates its participation in this IGA, and after the duties set forth in subsection
D below, this IGA shall terminate as to all Participating Jurisdictions. The
withdrawal of any Participating Jurisdiction other than the County shall not affect
the validity and continuation of the IGA as to the other parties.
D. Shutting Down Operations. Upon expiration of this IGA, or in the event of an
earlier termination as to all the Jurisdictions, whether by agreement of the
Participating Agencies or as a result of the County’s withdrawal, the remaining
parties hereto shall cooperate in good faith to close the operation of the Team in a
manner that is safe and fiscally sound. The various parties who were
Participating Jurisdictions at the time of the termination or expiration shall
continue to be liable in their proportionate shares on any long term financial
obligation of the Team, such as the payment of rent, provided that such
4
obligations were authorized by the parties under this agreement or any
supplement.
E. Disposition of Equipment. In the event a Participating Jurisdiction terminates its
participation or withdraws from the Team pursuant to Section V (A) or (B), any
uniforms purchased through grant funding and assigned to members of the
terminating or withdrawing Jurisdiction shall remain the property of the
Jurisdiction. All equipment purchased through grant funding and assigned as
Team equipment will remain with the remaining Participating Jurisdictions. A
terminating or withdrawing Jurisdiction shall retain any personal equipment
purchased for its members by the Jurisdiction. In the event this IGA is
terminated pursuant to Section V(C), all equipment purchased for the Team
through grant funding shall be divided proportionally among the Participating
Jurisdictions.
VI. Insurance
Each Participating Jurisdiction shall obtain and maintain at its own expense, during the
entire term of such Participating Jurisdiction’s participation in this IGA, the following
type(s) and amounts of insurance:
a) Commercial General Liability in the amount of $2,000,000.00 combined,
single limit Bodily Injury and Property damage;
b) Commercial or Business automobile liability coverage for owned, non-
owned and hired vehicles used in the performance of this IGA with limits
in the amount of $1,000,000.00 combined single limit or $1,000,000.00
Bodily Injury, $1,000,000.00 Property Damage;
c) Worker’s compensation coverage, including employees’ liability coverage,
as required by law.
A Participating Jurisdiction may self-insure as permitted by law.
VII. Indemnification.
To the extent permitted by law, each Participating Jurisdiction (as “indemnitor”) agrees
to indemnify, defend and hold harmless each of the other Participating Jurisdictions (as
“indemnitee(s)”) 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, including death, or property damage, but only to
the extent that such claims which result in vicarious/derivative liability to the
indemnitee(s), are caused by the act, omission, negligence, misconduct, or other fault
of the indemnitor, its officers, officials, agents, employees or volunteers.
5
VIII. Compliance with Laws
The parties shall comply with all applicable federal, state and local laws, rules,
regulations, standards and Executive Orders, without limitation to those designated
within this Agreement. As to parties that are Indian tribes, an Executive Order shall
only be deemed to be applicable if it specifically names “Indian tribes” as being within
the scope of the order, and the person issuing the Order has lawful authority to issue an
Executive Order that would be lawfully binding upon Indian tribes. The laws and
regulations of the State of Arizona shall govern the rights of the parties, the
performance of this Agreement and any disputes hereunder. Any action relating to this
Agreement shall be brought in any court of competent jurisdiction.
IX. Non-Discrimination
In performance of this Agreement the parties shall not discriminate against any County
employee, client or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability or national origin in the course of carrying out
their duties pursuant to this Agreement. The parties who are not Indian tribes shall
comply with the provisions of Executive Order 75-5, as amended by Executive Order
99-4, which is incorporated into this Agreement by reference, as if set forth in full
herein. Those parties that are Indian Tribes shall comply with all anti-discrimination
laws and ordnances specifically made applicable to Indian tribes by law.
X. ADA
The parties shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable
federal regulations under the Act, including 28 CFR Parts 35 and 36.
XI. Severability
If any provision of this IGA, or any application thereof to the parties or any person or
circumstances, is held invalid, such invalidity shall not affect other provisions or
applications of this IGA which can be given effect, without the invalid provision or
application and to this end the provisions of this IGA are declared to be severable.
XII. Conflict of Interest
This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-
511, the pertinent provisions of which are incorporated herein by reference.
6
XIII. Legal Authority.
No party warrants to the other its legal authority to enter into this Agreement. If a court,
at the request of a third person, should declare that either party lacks authority to enter
into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall
be null and void, and no recovery may be had by either party against the other for lack
of performance or otherwise.
XIV. Workers’ Compensation.
Each party who is not an Indian tribe shall comply with the notice of A.R.S. § 23-1022
(E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary
employer of all personnel currently or hereafter employed by that party, irrespective of
the operations of protocol in place, and said party shall have the sole responsibility for
the payment of Workers’ Compensation benefits or other fringe benefits of said
employees.
XV. No Third Party Beneficiaries.
Nothing in the provisions of this IGA is intended to create duties or obligations to or
rights in third parties not parties to this IGA or affect the legal liability of either party to
the IGA by imposing any standard of care with respect to the maintenance of public
facilities different from the standard of care imposed by law.
XVI. Sovereign Immunity.
Nothing in this Agreement shall be construed as an express or implied waiver of the
sovereign immunity of any party in any forum or jurisdiction. Provisions of this IGA
shall apply to Native American jurisdictions only to the extent that they do not violate
Native American sovereignty.
XVII. Immigration Laws.
The parties hereby warrant that they will at all times during the term of this IGA
comply with all federal immigration laws applicable to each party’s employment of its
employees, and with the current requirements of A.R.S. § 23-214(A) (together the
“State and Federal Immigration laws”). The parties shall further ensure that each
subcontractor who performs any work for the party under this IGA likewise complies
with the State and Federal Immigration Laws.
XVIII. Entire Agreement.
This document constitutes the entire Agreement between the parties pertaining to the
subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This IGA
7
shall not be modified, amended, altered or extended except through a written
amendment signed by the parties and recorded with the Pima County Recorder, or
Arizona Secretary of State, whichever is appropriate.
XIX. Counterparts.
This IGA may be executed in multiple counterpart form, with each such counterpart
constituting a binding original agreement between and among the parties.
-REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-
8
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
PIMA COUNTY: ATTEST:
Sharon Bronson Date
Chairman, Board of Supervisors
Julie Castaneda Date
Clerk of the Board
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Mark Napier Date
Sheriff of Pima County
Sean Holguin Date
Deputy County Attorney, Pima County
9
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
TOWN OF ORO VALLEY ATTEST:
Dr. Satish I. Hiremath Date
Mayor of Oro Valley
Michael Standish Date
Town Clerk
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Danny Sharp Date
Chief of Police, Oro Valley
Tobin Sidles Date
Town Attorney
10
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
TOWN OF SAHUARITA ATTEST:
Tom Murphy Date
Mayor of Sahuarita
Lisa Cole Date
Town Clerk
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Chief John Noland Date
Chief of Police, Sahuarita
Daniel J. Hochuli Date
Sahuarita Town Attorney
11
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
CITY OF SOUTH TUCSON ATTEST:
Ildefonso Green Date
Mayor of South Tucson
Veronica Moreno Date
City Clerk
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Kevin Shonk Date
Chief of Police, South Tucson
Bobby Yu Date
City Attorney
12
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
TOWN OF MARANA ATTEST:
Ed Honea Date
Mayor of Marana
Jocelyn C. Bronson Date
Town Clerk
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Chief Terry Rozema Date
Chief of Police, Marana
Frank Cassidy Date
Marana Town Attorney
13
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
PASCUA YAQUI TRIBE ATTEST:
Robert Valencia Date
Tribal Council Chairman
Mary Jane Buenamea Date
Tribal Council Secretary
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
Michael Valenzuela Date
Chief of Police, Pascua Yaqui Tribe
Alfred Urbina Date
Attorney General, Pascua Yaqui Tribe
14
In Witness Whereof, each Participating Jurisdiction has caused this Intergovernmental
Agreement to be executed by a representative of that Jurisdiction’s governing body, and
attested by its clerk, upon resolution of its governing body.
TUCSON AIRPORT AUTHORITY ATTEST:
Bonnie Allin Date
President/CEO Tucson Airport
Authority
Linda Mabry Date
Executive Assistant to the President
APPROVED AS TO FORM AND
LEGAL
AUTHORITY
John Ivanoff Date
Director of Public Safety, Tucson
Airport Police Department
Sarah Meadows Date
General Counsel, Tucson Airport Authority
15
-END OF DOCUMENT-
Town Council Regular Session Item # D.
Meeting Date:10/18/2017
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police
Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)17-42, authorizing and approving Grant Contract No. 2018-PTS-042
between the Oro Valley Police Department and the Governor’s Office of Highway Safety
(GOHS) for funding of Selective Traffic Enforcement Program (STEP) material and
supplies
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
On March 6, 2017, an application was submitted to the GOHS for STEP equipment with
the goal of reducing the incidence of traffic fatalities and injuries resulting from speeding,
aggressive driving, red light running and other forms of risky driving behavior through
enforcement, education and public awareness throughout the State of Arizona and the
Town of Oro Valley.
BACKGROUND OR DETAILED INFORMATION:
On September 29, 2017, the Police Department received Contract No. 20187-PTS-042,
entitled "STEP Enforcement Related Materials and Supplies," awarding $10,500 in grant
funding for three (3) LTI UltraLyte LIDARs to enhance STEP enforcement through the
Town of Oro Valley.
This contract funding can be utilized after October 1, 2017, which is the beginning of the
2018 federal fiscal year.
FISCAL IMPACT:
The approved FY 2017/18 budget includes the capacity, in the appropriate category, for
this awarded funding.
SUGGESTED MOTION:
I MOVE to (adopt, adopt with conditions, or deny) Resolution No. (R)17-42, authorizing
I MOVE to (adopt, adopt with conditions, or deny) Resolution No. (R)17-42, authorizing
and approving Grant Contract No. 2018-PTS-042 between the Oro Valley Police
Department and the Governor’s Office of Highway Safety (GOHS) for funding of
Selective Traffic Enforcement Program (STEP) material and supplies
Attachments
(R)17-42 STEP Purchase 2017
2018-PTS-042
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RESOLUTION NO. (R)17-42
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF
ORO VALLEY POLICE DEPARTMENT AND THE GOVERNOR’S
OFFICE OF HIGHWAY SAFETY (G.O.H.S.) TO PURCHASE
EQUIPMENT TO ENHANCE THE SPECIAL TRAFFIC
ENFORCEMENT PROGRAM
WHEREAS, Highway Safety Funds are used to support State and community programs
to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act
sets forth the minimum requirements with which each state’s highway safety program
must comply, and provides a minimum level of funding for local programs each fiscal
year; and
WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from
Section 402 funds to purchase three (3) LTI UltraLyte LIDARs to enhance the Special
Traffic Enforcement Program: and
WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant
contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the
purposes of furthering public safety within the Town of Oro Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, Arizona that, that the Town Manager and Chief of Police are authorized
to enter into and execute the Highway Safety Grant Contract between the Governor’s
Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A”
and incorporated herein by this reference, is hereby authorized and approved.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18th day of October, 2017.
TOWN OF ORO VALLEY, ARIZONA
Dr. Satish I. Hiremath, Mayor
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ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
1
GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A37518300004020AZ0 CFDA: 20.600
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Oro Valley Police Department 2018-PTS-042
ADDRESS PROGRAM AREA:
11000 N. La Canada Dr, Oro Valley, AZ 85737 402-PTS
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Oro Valley Matthew Horetski
ADDRESS 3. PROJECT TITLE:
11000 N. La Canada Dr, Oro Valley, AZ 85737 STEP Enforcement Related Materials and
Supplies 4. GUIDELINES:
402–Police Traffic Services (PTS)
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Materials and Supplies: Three (3) LTI UltraLyte LIDARs to enhance STEP
Enforcement throughout the Town of Oro Valley.
6. BUDGET
COST CATEGORY
Project Period
FFY 2018
I. Personnel Services $0.00
II. Employee Related Expenses $0.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $10,500.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $10,500.00
PROJECT PERIOD FROM: Effective Date
(Date of GOHS Director Signature) TO: 09-30-2018
CURRENT GRANT PERIOD FROM: 10-01-2017 TO: 09-30-2018
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $10,500.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
2
PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 101
Total Population in city/town or county: 43,656
Total Road Mileage: Highway: 55 Local: 418 Total: 473
Agency Problem/Attempts to Solve Problem:
The Oro Valley Police Department (OVPD) dedicates 42% of its allotted staffing to a patrol function. In
addition to responding to calls for service there is an expectation that a portion of a patrol officers duty day will
be dedicated to combating traffic safety concerns inclusive of speed detection and enforcement. Despite the
targeted success of programs like the HiVE and the new hands free ordinance, the town saw an increase of
overall collisions, 189 of which resulted in injuries to motorists. The town also saw the largest increase of fatal
collisions, from 1 collision in 2015 to 4 in 2016. Contributing factors may include a 25% reduction in overall
traffic contacts from 2015-2016 with a 21% reduction in issued speed related citations.
Agency Funding:
Federal 402 funds will support Materials and Supplies: Three (3) LTI UltraLyte LIDARs to enhance STEP
Enforcement throughout the Town of Oro Valley.
How Agency Will Solve Problem With Funding:
The Oro Valley Police Department (OVPD) is a progressive agency that has a long-standing commitment to
traffic safety. The department dedicates 11% of its allotted staffing to traffic engineering, education, and
enforcement. The department implemented the Hive Visibility Enforcement (HiVE) program that successfully
reduced the number of injury collisions at problematic intersections. Oro Valley Police Department will use the
new LIDARS to enhance their motor’s STEP enforcement capabilities throughout Oro Valley.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
3
PROJECT MEASURES:
Agency Goals:
To decrease the number of speeding-related crashes 10% from 650 during calendar year 2016 to 585 by
December 31, 2018.
To decrease fatalities in speeding-related crashes 0% from 0 in calendar year 2016 to 0 by December 31, 2018.
To decrease serious injuries in speeding-related crashes 15 % from 189 in calendar year 2016 to 161 by
December 31, 2018.
Contract Objectives:
To increase the number of speeding and aggressive driving citations 25% from 1225 during Calendar Year
2016 to 1531 during FFY 2018.
Conduct targeted speed enforcement efforts a minimum of 3 times per month during FFY 2018.
Additional Contract Objectives:
1. 20% increase in traffic contacts conducted by patrol officers (an approx. increase to over 500 contacts a
month on average).
2. Patrol officers assist traffic officers with at least one (1) of the three (3) speed enforcement efforts a month.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
4
GOALS/OBJECTIVES:
Federal 402 funds will support Materials and Supplies: Three (3) LTI UltraLyte LIDARs to enhance STEP
Enforcement throughout the Town of Oro Valley.
Expenditures of funding pertaining to the PTS/Selective Traffic Enforcement Program including Personnel
Services and ERE, Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply
with the PTS/Selective Traffic Enforcement Program goals provided by the Arizona Governor’s Office of
Highway Safety. The PTS/Selective Traffic Enforcement Program goal is to reduce the incidences of traffic
fatalities and injuries resulting from speeding, aggressive driving, red light running, and other forms of risky
driving behavior through enforcement, education, and public awareness throughout the State of Arizona.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of Speeding
in terms of money, criminal, and human consequences.
The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity
in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all
holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the
morning following each day of the event.
The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s
Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day,
Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Materials and Supplies - To purchase/procure the following Materials and Supplies for STEP/Speed
Enforcement Activities:
Three (3) LTI UltraLyte LIDARs
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
5
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect.
SPECIFIC REQUIREMENTS:
SPEED DETECTION EQUIPMENT –
Requirements for Speed Detection Devices:
The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for
using the speed detection devices purchased under this Contract implementing a National Highway Traffic
Safety Administration (NHTSA) approved training course.
The Oro Valley Police Department will maintain written documentation (copy of the training certificates) which
will be available for review by GOHS.
EQUIPMENT –
Requirements for Equipment:
The Oro Valley Police Department shall provide a high quality color photograph of all equipment purchased
under this Contract. The Oro Valley Police Department shall complete the attached Capital Outlay Equipment
form for all individual equipment purchases of $5,000.00 or more. The form is to be attached and submitted
with the next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
The application of USDOT "Common Rule" and Circular A-102 requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
6
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is
critical the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
Report Schedule
Reporting Period Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2017) January 30, 2018
2nd Quarterly Report and RCI (January 1 to March 31, 2018) April 20, 2018
3rd Quarterly Report and RCI (April 1 to June 30, 2018) July 20, 2018
4th Quarterly Report and RCI (July 1 to September 30, 2018) October 15, 2018
Final Statement of Accomplishments October 15, 2018
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
7
PROFESSIONAL AND TECHNICAL PERSONNEL:
Daniel Sharp, Chief, Oro Valley Police Department, shall serve as Project Director.
Matthew Horetski, Lieutenant, Oro Valley Police Department, shall serve as Project Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
PROJECT MONITORING:
Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
8
Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount: Type of Monitoring:
Under $50,000 Desk Review/Phone Conference
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000 (combined) May have an On-Site Review
Desk Review
and Phone
Conference
Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Completed at GOHS in a meeting with
appropriate operational and financial personnel. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Conducted on-site at the grantee’s Agency with monitoring form
completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or
recognition, will be provided to the grantee.
On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases,
personnel services, and complex projects must be completed within the second or third quarter of the fiscal
year. Contracted projects displaying any problems may need on-site monitoring more than once during the
fiscal year.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
9
On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the contracted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined contractual agreement.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
10
Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract representative
(Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the
grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor
performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring
information will additionally provide documentation for potential funding in subsequent fiscal year grant
proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.
Oro Valley Police Department
GOHS HIGHWAY
SAFETY CONTRACT 2018-PTS-042
11
ESTIMATED COSTS:
I. Personnel Services (overtime)
$0.00
II. Employee Related Expenses (ERE)
$0.00
III. Professional and Outside Services
$0.00
IV. Travel In-State
$0.00
V. Travel Out-of-State
$0.00
VI. Materials and Supplies
Three (3) LTI UltraLyte LIDARs
$10,500.00
VII. Capital Outlay
$0.00
TOTAL ESTIMATED COSTS *$10,500.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department
shall absorb any and all expenditures in excess of $10,500.00.
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CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I. Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
to include all financial, performance, and other reports required as a condition of the grant to
STATE within thirty (30) days of the completion of the Contract.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
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B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III. Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety project for the residual
value of such equipment in an amount to be determined by STATE or to transfer or otherwise
dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful
life. Self-insurance meets the requirements of this section.
IV. Travel
In -State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.
B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.
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XI. Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE
or the USDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from AGENCY.
G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794),
AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-
discriminatory to handicapped persons.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.
XIII. Application of Hatch Act
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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XIV. Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed. This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
XIX. E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
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complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if
fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until
AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety
Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Contract.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal funds expenditures
subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services
Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel, iron, and manufactured products produced in the United States with Federal funds, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
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Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out
in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
F. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
G. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled Instructions for Lower Tier Certification including the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,
provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1300.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
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I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary participant certifies to the best of its knowledge and belief, that its
principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out
in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1300.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which
this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work
order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
2. Agency's Fiscal Contact:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
Federal Identification Number:
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4. DUNS Number:
(DUNS #)
(Registered Address & Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature of Project Director: Signature of Authorized Official of
Governmental Unit:
Daniel Sharp, Chief Mary Jacobs, Town Manager
Oro Valley Police Department Town of Oro Valley
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402-
PTS, as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date $10,500.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
Town Council Regular Session Item # E.
Meeting Date:10/18/2017
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police
Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)17-43, authorizing and approving Grant Contract No. 2018-AL-020
between the Oro Valley Police Department and the Governor’s Office of Highway Safety
(GOHS) for funding DUI/Impaired Driving Enforcement overtime and related materials
and supplies
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
On March 6, 2017, an application was submitted to the GOHS for DUI enforcement
overtime and employee-related expenses.
BACKGROUND OR DETAILED INFORMATION:
On September 29, 2017, the Police Department received Contract No. 2018-AL-020,
entitled "DUI/Impaired Driving Enforcement" awarding $26,500 in grant funding for
overtime, employee-related expenses, related materials and supplies, including three (3)
preliminary breath testing devices.
This contract funding can be utilized after October 1, 2017, which is the beginning of the
2018 federal fiscal year.
FISCAL IMPACT:
The approved FY 2017/18 budget includes the capacity, in the appropriate category, for
this awarded funding.
SUGGESTED MOTION:
I MOVE to (adopt, adopt with conditions, or deny) Resolution No. (R)17-43, authorizing
I MOVE to (adopt, adopt with conditions, or deny) Resolution No. (R)17-43, authorizing
and approving Grant Contract No. 2018-AL-020 between the Oro Valley Police
Department and the Governor’s Office of Highway Safety for funding DUI/Impaired
Driving Enforcement overtime and related materials and supplies.
Attachments
(R)17-43 DUI Enforcement 2017
2018-AL-020
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RESOLUTION NO. (R)17-43
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING AND
APPROVING A GRANT CONTRACT BETWEEN THE TOWN OF
ORO VALLEY POLICE DEPARTMENT AND THE GOVERNOR’S
OFFICE OF HIGHWAY SAFETY (G.O.H.S.) FOR FUNDING
PERSONNEL SERVICES AND EQUIPMENT TO ENHANCE DUI
ENFORCEMENT
WHEREAS, Highway Safety Funds are used to support State and community programs
to reduce deaths and injuries on the highways. Section 402 of the Highway Safety Act
sets forth the minimum requirements with which each state’s highway safety program
must comply, and provides a minimum level of funding for local programs each fiscal
year; and
WHEREAS, the Town applied for and was granted a G.O.H.S. grant contract from
Section 402 funds to fund personnel services and equipment to enhance DUI
enforcement; and
WHEREAS, it is in the interest of the Town of Oro Valley approve the G.O.H.S. grant
contract, attached hereto as Exhibit “A” and incorporated herein by this reference, for the
purposes of furthering public safety within the Town of Oro Valley.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, Arizona that, that the Town Manager and Chief of Police are authorized
to enter into and execute the Highway Safety Grant Contract between the Governor’s
Office of Highway Safety and the Town of Oro Valley, attached hereto as Exhibit “A”
and incorporated herein by this reference, is hereby authorized and approved.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18th day of October, 2017.
TOWN OF ORO VALLEY, ARIZONA
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
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Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
1
GOVERNOR'S OFFICE OF
HIGHWAY SAFETY
STATE OF ARIZONA
HIGHWAY SAFETY CONTRACT
This page, the Project Director's Manual and attached hereto and incorporated herein by reference, constitute the entire
Contract between the parties hereto unless the Governor’s Highway Safety Representative authorizes deviation in writing.
FAIN: 69A37518300004020AZ0 CFDA: 20.600
1. APPLICANT AGENCY GOHS CONTRACT NUMBER:
Oro Valley Police Department 2018-AL-020
ADDRESS PROGRAM AREA:
11000 N. La Canada Dr, Oro Valley, AZ 85737 402-AL
2. GOVERNMENTAL UNIT AGENCY CONTACT:
Town of Oro Valley Matthew Horetski
ADDRESS 3. PROJECT TITLE:
11000 N. La Canada Dr, Oro Valley, AZ 85737 DUI/Impaired Driving Enforcement and
Related Materials and Supplies 4. GUIDELINES:
402–Alcohol (AL)
5. BRIEFLY STATE PURPOSE OF PROJECT:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Three (3) PBTs to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley.
6. BUDGET
COST CATEGORY
Project Period
FFY 2018
I. Personnel Services $18,939.00
II. Employee Related Expenses $6,061.00
III. Professional and Outside Services $0.00
IV. Travel In-State $0.00
V. Travel Out-of-State $0.00
VI. Materials and Supplies $1,500.00
VII. Capital Outlay $0.00
TOTAL ESTIMATED COSTS $26,500.00
PROJECT PERIOD FROM: Effective Date
(Date of GOHS Director Signature) TO: 09-30-2018
CURRENT GRANT PERIOD FROM: 10-01-2017 TO: 09-30-2018
TOTAL FEDERAL FUNDS OBLIGATED THIS FFY: $26,500.00
A political subdivision or State agency that is mandated to provide a certified resolution or ordinance
authorizing entry into this Contract must do so prior to incurring any expenditures. Failure to do so may result
in termination of the awarded Contract.
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PROBLEM IDENTIFICATION AND RESOLUTION:
Agency Background:
Number of sworn officers: 101
Total Population in city/town or county: 43,656
Total Road Mileage: Highway: 55 Local: 418 Total: 473
Agency Problem/Attempts to Solve Problem:
The Oro Valley Police Department (OVPD) is a proud participant of the Southern Arizona DUI Task Force.
Each year, OVPD participates in 12 Southern Arizona DUI Task Force Deployments and usually 1 or 2 Sobriety
Checkpoints. OVPD’s overtime budget is spent to capacity each year. Fiscal constraints and limited patrol
resources continue to challenge their ability to fund extra duty assignments related to these deployments.
Despite aggressive efforts to combat poor driving behavior and impaired driving, the Town of Oro Valley saw
650 total collisions, 189 of which resulted in injuries to motorists. 40 of these collisions were alcohol related,
one being an alcohol related fatality.
Agency Funding:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Three (3) PBTs to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley.
How Agency Will Solve Problem With Funding:
OVPD is a long-standing participant of the Southern Arizona DUI Task Force and truly enjoys working with
the police organizations in Pima County. OVPD will participate in 12 Southern Arizona DUI Task Force
Deployments and one (1) or two (2) Sobriety Checkpoints during the contract period. In addition, OVPD will
participate in multiple DUI/Impaired driving saturation deployments during the fiscal year.
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PROJECT MEASURES:
Agency Goals:
To decrease the number of impaired-related crashes 25% from 40 during calendar year 2016 to 30 by December
31, 2018.
To decrease fatalities in impaired-related crashes 100% from 1 in calendar year 2016 to 0 by December 31,
2018.
To decrease serious injuries in impaired-related crashes 25 % from 13 in calendar year 2016 to 10 by December
31, 2018.
Contract Objectives:
To participate in a minimum of 2 DUI saturation patrols per quarter during FFY 2018.
To participate in a minimum of 12 DUI task force operations per quarter during FFY 2018.
Additional Contract Objectives:
1. Participate in one (1) DUI checkpoint during FFY 2018.
2. Start a “Know Your Numbers” program for the annual Oro Valley Music Festival.
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GOALS/OBJECTIVES:
Federal 402 funds will support Personnel Services (Overtime), Employee Related Expenses, and Materials and
Supplies: Three (3) PBTs to enhance DUI/Impaired Driving Enforcement throughout the Town of Oro Valley.
Expenditures of funding pertaining to Impaired Driving Enforcement including Personnel Services and ERE,
Materials and Supplies, Capital Equipment, and/or Travel In and Out-of-State shall comply with the Impaired
Driving Program goals provided by the Arizona Governor's Office of Highway Safety. The Impaired Driving
Program goal is to reduce the incidences of alcohol and drug related driving fatalities and injuries through
enforcement, education, and public awareness throughout the State of Arizona. Law enforcement personnel
participating in Impaired Driving Enforcement/DUI activities including, DUI Task Force details under this
program, shall be HGN/SFST certified.
MEDIA RELEASE:
To prepare complete press release information for media (television, radio, print, and on-line) during each
campaign period including a main press release, schedule of events, departmental plans, and relevant data. The
material will emphasize the campaign’s purpose, aggressive enforcement, and the high cost of
DUI/Impaired Driving in terms of money, criminal, and human consequences.
The Oro Valley Police Department will maintain responsibility for reporting sustained enforcement activity
in a timely manner. Additionally, it is the responsibility of the Oro Valley Police Department to report all
holiday task force enforcement statistics to GOHS on-line at the GOHS website no later than 10:00 a.m. the
morning following each day of the event.
The holidays and special events include but not limited to: Super Bowl Sunday, Valentine's Day, President’s
Day, St. Patrick’s Day, Spring Break, Easter, Cinco de Mayo, Prom Night, Memorial Day, Graduation Day,
Independence Day, Labor Day, Columbus Day, Halloween, and the Thanksgiving through New Year’s details.
PLEASE NOTE: Failure to submit Statistics, Quarterly Reports, and/or Report of Costs Incurred
(RCIs) timely and correctly may delay reimbursement for expenditures to your Agency.
METHOD OF PROCEDURE:
The Oro Valley Police Department will make expenditures, as follows, to meet the outlined Program
Goals/Objectives:
Personnel Services - To support Overtime for DUI/Impaired Driving Enforcement Activities
Employee Related Expenses - To support Employee Related Expenses for Agency Overtime
Materials and Supplies - To purchase/procure the following Materials and Supplies for DUI/Impaired Driving
Enforcement Activities:
Three (3) PBTs
PRESS RELEASE:
Agencies are required to develop and distribute a press release announcing this grant award upon receipt of
the executed Contract. A copy of this press release shall be sent to the GOHS Director for approval prior to
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being sent to the media. This press release shall include the objective and specify that the funding is from the
Governor’s Office of Highway Safety.
BAC TESTING AND REPORTING REQUIREMENTS:
Alcohol impairment is a major contributing factor in fatality and serious injury motor vehicle collisions.
Accurate data on alcohol involvement is essential to understanding the full extent of the role of alcohol and to
assess progress toward reducing impaired driving.
Each law enforcement agency that receives an enforcement-related grant is required to ensure that
accurate data on all drivers involved is reported. Failure to comply may result in withholding funds and
cancellation of the enforcement contract until this requirement is met.
PURSUIT POLICY:
All law enforcement agencies receiving Federal funds are encouraged to follow the guidelines established for
vehicular pursuits issued by the International Association of Chiefs of Police (IACP) that are currently in effect.
SPECIFIC REQUIREMENTS:
BREATH TESTING DEVICES –
Requirements for Portable Breath Test Devices (PBTs):
The Oro Valley Police Department will be responsible for providing all personnel the appropriate training for
using the Portable Breath Test Devices (PBTs) purchased under this Contract.
PBTs will be calibrated per the specifications outlined by the respective manufacturer. Written documentation
will be maintained by the Agency and will be available upon request for review by GOHS.
EQUIPMENT –
Requirements for Equipment:
The Oro Valley Police Department shall provide a high quality color photograph of all equipment purchased
under this Contract. The Oro Valley Police Department shall complete the attached Capital Outlay Equipment
form for all individual equipment purchases of $5,000.00 or more. The form is to be attached and submitted
with the next quarterly report subsequent to the delivery of the equipment.
METHOD OF PROCUREMENT:
The application of USDOT "Common Rule" and Circular A-102 requires that:
Grantees and sub-grantees will use their own procurement procedures which reflect applicable State and local
laws and regulations, provided the procurement procedures conform to applicable Federal laws and standards.
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The most stringent purchasing requirement at each level must be met. If the Agency does not have a
procurement process, the Agency may use the State procurement process.
A clear audit trail must be established to determine costs charged against this Contract. Substantiation of costs
shall, where possible, be made utilizing the Oro Valley Police Department documentation consisting of, but not
limited to, copies of time sheets, purchase orders, copies of invoices, and proof of payment.
The Agency shall retain copies of all documentation in the project file.
State Contract:
Procurement may be made using an open State contract award. Documents submitted to substantiate purchases
using an open State contract must bear the contract number.
PROJECT EVALUATION:
This project shall be administratively evaluated to ensure the objectives have been met.
Quarterly Report
The purpose of the Quarterly Report is to provide information on contracted grant activities conducted at the
conclusion of each active quarter. The information provided is used to review progress of the funded project
and the successfulness in meeting outlined goals and objectives. The information, photos, highlights, obstacles,
and mandatory statistical data provided in this report are analyzed by the assigned Project Coordinator. It is
critical the report contains the following information:
Original signatures on all Quarterly Reports and RCIs
• All Quarterly Reports and RCIs shall include the signature of the Project
Director unless prior authorization for another is on file with GOHS.
Report Schedule
Reporting Period Due Date
1st Quarterly Report and RCI (October 1 to December 31, 2017) January 30, 2018
2nd Quarterly Report and RCI (January 1 to March 31, 2018) April 20, 2018
3rd Quarterly Report and RCI (April 1 to June 30, 2018) July 20, 2018
4th Quarterly Report and RCI (July 1 to September 30, 2018) October 15, 2018
Final Statement of Accomplishments October 15, 2018
The Quarterly Report shall be completed on the form available on-line and can be submitted by email to
the Governor’s Office of Highway Safety.
NOTE: IT IS REQUIRED THAT ALL LAW ENFORCEMENT AGENCIES MUST ENTER
STATISTICAL AND ENFORCEMENT ACTIVITY INTO THE ON-LINE GOHS DUI REPORTING
SYSTEM, IN ADDITION TO SUBMITTING THE QUARTERLY ENFORCEMENT REPORT.
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Final Statement of Accomplishments
The Project Director shall submit a Final Statement of Accomplishments Report to the GOHS no later than
fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th). All agencies receiving
funding are required to submit a Final Statement of Accomplishments Report.
Note: Failure to comply with the outlined GOHS reporting requirements may result in withholding of Federal
funds or termination of the Contract.
PROFESSIONAL AND TECHNICAL PERSONNEL:
Daniel Sharp, Chief, Oro Valley Police Department, shall serve as Project Director.
Matthew Horetski, Lieutenant, Oro Valley Police Department, shall serve as Project Administrator.
Shane Radford, Governor's Office of Highway Safety, shall serve as Project Coordinator.
REPORT OF COSTS INCURRED (RCI):
The Agency shall submit a Report of Costs Incurred (RCI), with supporting documentation attached, to the
Governor’s Office of Highway Safety on a quarterly basis, for each active quarter, in conjunction with the
required report. Agencies may submit additional RCI forms for expenditures when funds have been expended
for which reimbursement is being requested.
Accepted supporting documentation to submit with a Report of Cost Incurred (RCI) includes, but is not limited
to; scanned copies of timesheets, payroll records, paid invoices/purchase orders, and other account records.
RCIs shall be typed and delivered via mail or hand delivered with appropriate supporting documentation to the
Governor’s Office of Highway Safety. Electronically submitted RCIs will not be accepted. Final RCIs will
not be accepted fifteen (15) days after the conclusion of each Federal Fiscal Year (September 30th).
Expenditures submitted after the expiration date may not be reimbursed and the Agency will accept
fiscal responsibility.
PROJECT MONITORING:
Highway safety grant project monitoring is used by GOHS project coordinators to track the progress of project
objectives, performance measures, and compliance with applicable procedures, laws, and regulations.
The process is used throughout the duration of the contracted project and serves as a continuous management
tool. Project monitoring also presents an opportunity to develop partnerships, share information, and provide
assistance to contracted agencies. Additionally, project monitoring outlines a set of procedures for project
review and documentation.
Project monitoring serves as a management tool for:
Detecting and preventing problems
Helping to identify needed changes
Identifying training or assistance needed
Obtaining data necessary for planning and evaluation
Identifying exemplary projects
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Types of Monitoring
Monitoring is formal and informal, financial and operational. The most common types of monitoring are:
Ongoing contact with the contracted grantee through phone calls, e-mails, correspondence, and
meetings
On-Site and/or In-House monitoring reviews of project operations, management, and financial
records and systems
Review of project Quarterly Reports
Review and approval of Report of Costs Incurred (RCIs)
Desk review of other documents in the project grant files for timely submission and completeness
Monitoring Schedule
Total Awarded Amount: Type of Monitoring:
Under $50,000 Desk Review/Phone Conference
$50,000 and over May have an In-House GOHS Review
$100,000+ May have an On-Site Review
Capital Outlay Greater than $25,000 (combined) May have an On-Site Review
Desk Review
and Phone
Conference
Internal review of all written documentation related to contractual project including, but not
limited to the Contract, Quarterly Reports, enforcement data, financial data, e-mails, letters,
notes, press releases, photographs, inventories, and other written correspondence. A phone
conference call conducted during the course of the project which includes the date and time
of the call, the person(s) contacted, and the results. It serves as an informational review to
determine progress of programmatic/financial activities. Both the designated project
administrator and fiscal contact should be present, if possible, during the phone conference.
If identified financial or operational problems are present, GOHS reserves the right to bring
the grantee in for an in-house meeting at GOHS. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
In-House
Review
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, approvals, and other information. Reviews applicable
information related to the project(s) including, but not limited to the Contract, Quarterly
Reports, enforcement data, financial data, e-mails, letters, notes, press releases, photographs,
inventories, and other written correspondence. Completed at GOHS in a meeting with
appropriate operational and financial personnel. Monitoring form written by Project
Coordinator, any findings, areas of improvement, concern, or recognition will be provided
to the grantee.
On-Site
Monitoring
Documents performance review results including project activities, reimbursement claims
review, equipment purchases, and other information. Reviews applicable information related
to the project(s) including, but not limited to the Contract, Quarterly Reports, enforcement
data, financial data, e-mails, letters, notes, press releases, photographs, inventories, and other
written correspondence. Conducted on-site at the grantee’s Agency with monitoring form
completed on-site by Project Coordinator. Any findings, areas of improvement, concern, or
recognition, will be provided to the grantee.
On-site and/or in-house monitoring for grantees of designated projects with large Capital Outlay purchases,
personnel services, and complex projects must be completed within the second or third quarter of the fiscal
year. Contracted projects displaying any problems may need on-site monitoring more than once during the
fiscal year.
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On-site and/or In-house monitoring includes a review and discussion of all issues related to ensure the effective
administration of the contracted project. The following are the most important items to review:
Progress toward meeting goals/objectives and performance measures
Adherence to the contract specifications, timely submission of complete and correct reports,
including required documentation
Quarterly Reports
Status of expenditures related to the outlined budget
Accounting records and RCI's
Supporting documentation (training documentation, inventory sheets, photographs, press releases,
etc.)
In addition, the designated Agency will ensure that any equipment purchased will be available for inspection
and is being used for the purpose for which it was bought under the outlined contractual agreement.
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Documentation
The Governor’s Office of Highway Safety will retain all findings documented on the GOHS Monitoring Form
in the Agency's respective Federal file. Findings will be discussed with the designated contract representative
(Project Administrator, fiscal specialist) by phone and/or e-mail. All noted deficiencies will be provided to the
grantee with guidance for improvement and solutions to problems. Grantees that exhibit significantly poor
performance may be placed on a performance plan as outlined by the GOHS Director. Grantee monitoring
information will additionally provide documentation for potential funding in subsequent fiscal year grant
proposal review.
PROJECT PERIOD:
The project period shall commence on the date the GOHS Director signs the Highway Safety Contract and
terminate on September 30th of that or subsequent year as indicated on the Highway Safety Contract.
DURATION:
Contracts shall be effective on the date the Governor’s Office of Highway Safety Director signs the Contract
and expire at the end of the project period.
If the Agency is unable to expend the funds in the time specified, the Agency will submit notification on the
Agency’s letterhead and hand deliver or submit via regular mail to the Director of the Governor's Office of
Highway Safety a minimum of sixty days (60) prior to the end of the project period.
The Agency shall address all requests to modify the Contract to the Director of the Governor’s Office of
Highway Safety on Agency's official letterhead and either hand deliver or submit the request via regular mail.
All requests for modification must bear the signature of the Project Director.
Failure to comply may result in cancellation of the Contract. Any unexpended funds remaining at the
termination of the Contract shall be released back to the Governor’s Office of Highway Safety.
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ESTIMATED COSTS:
I. Personnel Services (overtime)
$18,939.00
II. Employee Related Expenses (ERE)
$6,061.00
III. Professional and Outside Services
$0.00
IV. Travel In-State
$0.00
V. Travel Out-of-State
$0.00
VI. Materials and Supplies
Three (3) PBTs
$1,500.00
VII. Capital Outlay
$0.00
TOTAL ESTIMATED COSTS *$26,500.00
*Includes all applicable training, tax, freight, and advertising costs. The GOHS reserves the right to limit
reimbursement of Employee Related Expenses from zero (0) to a maximum rate of forty (40) percent. This is
the maximum ERE amount to be reimbursed. It is agreed and understood that the Oro Valley Police Department
shall absorb any and all expenditures in excess of $26,500.00.
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QUARTERLY ENFORCEMENT REPORT
(Submitted to GOHS)
Reporting Period
DESCRIPTION CONTRACT
ACTIVITY
AGENCY
ACTIVITY
Total Contacts (Traffic Stops)
Total Sober Designated Drivers Contacted
Total Know Your Limit Contacts
TOTAL DUI ARRESTS
Total DUI Aggravated
Total DUI Misdemeanor
Total DUI Extreme (.15 or Above)
Under 21 DUI Arrests
Average BAC
Minor Consumption / Possession Citations
Total DUI Drug Arrests
30-Day Vehicle Impounds
Seat Belt Citations
Child Restraint Citations
Criminal Speed Citations
Reckless Driving Citations
Civil Speed Citations
Other Citations (Except Speed)
Other Arrests
Participating Officer/Deputies (Cumulative)
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CERTIFICATIONS AND AGREEMENTS
This CONTRACT, is made and entered into by and between the STATE OF ARIZONA, by and through the
Governor’s Office of Highway Safety (GOHS) hereinafter referred to as "STATE", and the agency named in
this Contract, hereinafter referred to as "AGENCY".
WHEREAS, the National Highway Safety Act of 1966, as amended (23 USC §§401-404), provides Federal
funds to STATE for approved highway safety projects; and
WHEREAS, STATE may make said funds available to various state, county, tribal, or municipal agencies,
governments, or political subdivisions upon application and approval by STATE and the United States
Department of Transportation (USDOT); and
WHEREAS, AGENCY must comply with the requirements listed herein to be eligible for Federal funds for
approved highway safety projects; and
WHEREAS, AGENCY has submitted an application for Federal funds for highway safety projects;
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL PROMISES AND OTHER GOODS AND
VALUABLE CONSIDERATION, it is mutually agreed that AGENCY will strictly comply with the following
terms and conditions and the following Federal and State Statutes, Rules, and Regulations:
I. Project Monitoring, Reports, and Inspections
A. AGENCY agrees to fully cooperate with representatives of STATE monitoring the project, either
on-site or by telephone, during the life of the Contract.
B. AGENCY will submit Quarterly Reports (one for each three-month period of the project year) to
STATE in the form and manner prescribed by STATE. Notice of the specific requirements for each
report will be given in this Contract or at any time thereafter by giving thirty (30) days written
notice to AGENCY by ordinary mail at the address listed on the Contract. Failure to comply with
Quarterly Report requirements may result in withholding of Federal funds or termination of this
Contract.
C. AGENCY will submit a Final Report/Statement of Accomplishment at completion of the Contract
to include all financial, performance, and other reports required as a condition of the grant to
STATE within thirty (30) days of the completion of the Contract.
D. Representatives authorized by STATE and the National Highway Traffic Safety Administration
(NHTSA) will have the right to visit the site and inspect the work under this Contract whenever
such representatives may determine such inspection is necessary.
II. Reimbursement of Eligible Expenses
A. AGENCY's Project Director, or Finance Personnel, will submit a Report of Costs Incurred Form
(RCI) to STATE each time there have been funds expended for which reimbursement is being
requested. Failure to meet this requirement may be cause to terminate the project under Section
XX herein, "Termination and Abandonment".
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B. AGENCY will reimburse STATE for any ineligible or unauthorized expenses for which Federal
funds have been claimed and reimbursement received, as may have been determined by a State or
Federal audit.
C. STATE will have the right to withhold any installments equal to the reimbursement received by
AGENCY for prior installments which have been subsequently determined to be ineligible or
unauthorized.
III. Property Agreement
A. AGENCY will immediately notify STATE if any equipment purchased under this Contract ceases
to be used in the manner as set forth by this Contract. In such event, AGENCY further agrees to
either give credit to the project cost or to another active highway safety project for the residual
value of such equipment in an amount to be determined by STATE or to transfer or otherwise
dispose of such equipment as directed by STATE.
B. No equipment will be conveyed, sold, salvaged, transferred, etc., without the express written
approval of STATE, or unless otherwise provided elsewhere in this Contract.
C. AGENCY will maintain or cause to be maintained for its useful life, any equipment purchased
under this Contract.
D. AGENCY will incorporate any equipment purchased under this Contract into its inventory records.
E. AGENCY will insure any equipment purchased under this Contract for the duration of its useful
life. Self-insurance meets the requirements of this section.
IV. Travel
In -State and Out-of-State Travel
In state and out-of-state travel claims will be reimbursed at rates provided by AGENCY's regulations,
provided that such regulations are as restrictive as those of STATE. Where they are less restrictive,
ARS §38-624 will apply.
The State must approve all out-of-state travel in writing and in advance.
V. Standard of Performance
AGENCY hereby agrees to perform all work and services herein required or set forth, and to furnish
all labor, materials, and equipment, except that labor, material, and equipment as STATE agrees to
furnish pursuant to this Contract.
VI. Hold Harmless Agreement
Neither party to this agreement agrees to indemnify the other party or hold harmless the other party
from liability hereunder. However, if the common law or a statute provides for either a right to
indemnify and/or a right to contribution to any party to this agreement then the right to pursue one or
both of these remedies is preserved.
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VII. Non-Assignment and Sub-Contracts
This Contract is not assignable nor may any portion of the work to be performed be subcontracted
unless specifically agreed to in writing by STATE. No equipment purchased hereunder may be assigned
or operated by other than AGENCY unless agreed to in writing by STATE.
VIII. Work Products and Title to Commodities and Equipment
A. The work product and results of the project are the property of STATE, unless otherwise specified
elsewhere in this Contract. All property, instruments, non-consumable materials, supplies, and the
like, which are furnished or paid for by STATE under the terms of this Contract, unless otherwise
provided for elsewhere in this Contract, are and remain the property of STATE and will be returned
at the completion of this project upon request of STATE. The work product and results of the
project will be furnished to STATE upon request, if no provision is otherwise made by this
Contract.
B. The provisions of subparagraph A apply whether or not the project contracted for herein is
completed.
IX. Copyrights and Patents
Any copyrightable materials, patentable discovery, or invention produced in the course of this project
may be claimed by STATE and a copyright or patent obtained by it at its expense. In the event STATE
does not wish to obtain such copyright or patent, AGENCY may do so, but in any event, provision will
be made by AGENCY for royalty-free, nonexclusive, nontransferable, and irrevocable licenses to be
given the United States Government and STATE and its political subdivisions to use such copyrightable
material, patented discoveries, or inventions in any manner they see fit. The STATE reserves the right
to impose such other terms and conditions upon the use of such copyrights or patents as may be deemed
in the best interest of STATE in the event AGENCY is allowed to obtain a copyright or patent.
X. "Common Rule" and OMB Circular No. A-102 (Revised)
"Common Rule" (49 CFR Part 18): Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
OMB Circular No. A-102 (Revised): Grants and Cooperative Agreements with State and Local
Governments
The application of USDOT "Common Rule" and Circular A-102 requires that:
AGENCY and sub-grantees will use their own procurement procedures, which reflect applicable State
and local laws and regulations, provided that the procurements conform to applicable Federal law. The
most stringent purchasing requirement at each level must be met.
The Arizona Procurement Code (ARS §41-2501, et. seq.) and promulgated rules (A.A.C. Title 2,
Chapter 7) are a part of this Contract as if fully set forth herein and AGENCY agrees to fully comply
with these requirements for any procurement using grant monies from this Contract.
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XI. Non-Discrimination
During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
A. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time
to time;
B. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR part 2l and herein;
C. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the State highway safety office, US DOT or NHTSA;
D. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding agreement, the State highway safety agency will have the right to impose
such contract/agreement sanctions as it or NHTSA determine are appropriate, including, but not
limited to, withholding payments to the contractor/funding recipient under the contract/agreement
until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a
contract or funding agreement, in whole or in part; and
E. To insert this clause, including paragraphs A through E, in every subcontract and subagreement
and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this
program.
F. If AGENCY fails or refuses to comply with its undertaking as set forth in these provisions, STATE
or the USDOT may take any or all of the following actions:
1. Cancel, terminate, or suspend, in whole or in part, the agreement, contract, or other
arrangement with respect to which the failure or refusal occurred; and
2. Refrain from extending any further Federal financial assistance to AGENCY under the
Highway Safety Program with respect to which the failure or refusal occurred until satisfactory
assurance of future compliance has been received from AGENCY.
G. Pursuant to the requirement of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794),
AGENCY must operate this Highway Safety Project so that it is accessible and otherwise non-
discriminatory to handicapped persons.
XII. Executive Order 2009-09
It is mutually agreed that AGENCY will comply with the terms and conditions of Executive Order
2009-09, Non-Discrimination in Employment by Government Contractors and Subcontractors.
Executive Order 2009-09 is located in Part II of the Project Director's Manual.
XIII. Application of Hatch Act
The AGENCY will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the
political activities of employees whose principal employment activities are funded in whole or in part
with Federal funds.
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XIV. Minority Business Enterprises (MBE) Policy and Obligation
A. Policy: It is the policy of the USDOT that minority business enterprises as defined in 49 CFR Part
23, will have the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Contract. Consequently, the minority business
enterprises requirements of 49 CFR Part 23 apply to this Contract.
B. Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as
defined in 49 CFR Part 23, have the subcontracts financed in whole or in part with Federal funds
provided under this Contract. In this regard, all recipients or contractors will take all necessary and
reasonable steps in accordance with 49 CFR, Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts. Recipients and their
contractors will not discriminate on the basis of race, color, creed, sex, or national origin in the
award and performance of USDOT-assigned contracts.
XV. Arbitration Clause, ARS §12-1518
Pursuant to ARS §12-1518, the parties agree to use arbitration, after exhausting applicable
administrative reviews, to resolve disputes arising out of this Contract where the provisions of
mandatory arbitration apply.
XVI. Inspection and Audit, ARS §35-214
Pursuant to ARS §35-214, all books, accounts, reports, files, and other records relating to this Contract
will be subject at all reasonable times to inspection and audit by STATE for five (5) years after
completion of this Contract. The records will be produced at the Governor’s Office of Highway Safety.
XVII. Appropriation of Funds by U.S. Congress
It is agreed that in no event will this Contract be binding on any party hereto unless and until such time
as funds are appropriated and authorized by the U.S. Congress and specifically allocated to the project
submitted herein and then only for the fiscal year for which such allocation is made. In the event no
funds are appropriated by the U.S. Congress or no funds are allocated for the project proposed herein
for subsequent fiscal years, this Contract will be null and void, except as to that portion for which funds
have then been appropriated or allocated to this project, and no right of action or damages will accrue
to the benefit of the parties hereto as to that portion of the Contract or project that may so become null
and void.
XVIII. Continuation of Highway Safety Program
It is the intention of AGENCY to continue the Highway Safety Program identified in this Contract once
Federal funding is completed. This intended continuation will be based upon cost effectiveness and an
evaluation by AGENCY of the program's impact on highway safety.
XIX. E-Verify
Both parties acknowledge that immigration laws require them to register and participate with the E-
Verify Program (employment verification program administered by the United States Department of
Homeland Security and the Social Security Administration or any successor program) as they both
employ one or more employees in this State. Both parties warrant that they have registered with and
participate with E-Verify. If either party later determines that the other non-compliant party has not
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complied with E-Verify, it will notify the non-compliant party by certified mail of the determination
and of the right to appeal the determination.
XX. Termination and Abandonment
A. The STATE and AGENCY hereby agree to the full performance of the covenants contained herein,
except that STATE reserves the right, at its discretion, to terminate or abandon any portion of the
project for which services have not been already performed by AGENCY.
B. In the event STATE abandons the services or any part of the services as herein provided, STATE
will notify AGENCY in writing and within twenty-four (24) hours after receiving such notice,
AGENCY will discontinue advancing the work under this Contract and proceed to close said
operations under the Contract.
C. The appraisal value of work performed by AGENCY to the date of such termination or
abandonment shall be made by STATE on a basis equitable to STATE and AGENCY and a final
reimbursement made to AGENCY on the basis of costs incurred. Upon termination or
abandonment, AGENCY will deliver to STATE all documents, completely or partially completed,
together with all unused materials supplied by STATE.
D. AGENCY may terminate or abandon this Contract upon thirty (30) days written notice to STATE,
provided there is subsequent concurrence by STATE. Termination or abandonment by AGENCY
will provide that costs can be incurred against the project up to and including sixty (60) days after
notice is given to STATE.
E. Any equipment or commodities which have been purchased as a part of this Contract and which
have not been consumed or reached the end of its useful life will be returned to STATE upon its
written request.
XXI. Cancellation Statute
All parties are hereby put on notice that this Contract is subject to cancellation pursuant to ARS §38-
511, the provisions of which are stated below.
In accordance with ARS §38-511, this Contract may be cancelled without penalty or further obligation
if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract
on behalf of the STATE, its political subdivisions or any department or agency of either, is at any time
while the Contract or any extension of the Contract is in effect, an employee of any other party to the
Contract in any capacity or a consultant to any other party of the Contract with respect to the subject
matter or the Contract.
The cancellation shall be effective when written notice from the Governor or Chief Executive Officer
or governing body of the political subdivision is received by all other parties to the Contract unless the
notice specifies a later time.
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AGREEMENT OF UNDERSTANDING AND CERTIFICATION OF COMPLIANCE
Acceptance of Condition
It is understood and agreed by the undersigned that a grant received as a result of this Contract is subject
to the Highway Safety Act of 1966, as amended (23 U.S.C.A. §§401-404), ARS §28-602, and all
administrative regulations governing grants established by the USDOT and STATE. It is expressly
agreed that this Highway Safety Project constitutes an official part of the STATE's Highway Safety
Program and that AGENCY will meet the requirements as set forth in the accompanying Project
Director's Manual, which are incorporated herein and made a part of this Contract. All State and Federal
Statutes, Rules, Regulations, and Circulars referenced in this Contract are a part of this document as if
fully set forth herein. It is also agreed that no work will be performed nor any obligation incurred until
AGENCY is notified in writing that this project has been approved by the Governor's Highway Safety
Representative.
Certificate of Compliance
This is to certify that AGENCY will comply with all of the State and Federal Statutes, Rules and
Regulations identified in this Contract.
Certification of Non-Duplication of Grant Funds Expenditure
This is to certify that AGENCY has no ongoing nor completed projects under contract with other
Federal fund sources which duplicate or overlap any work contemplated or described in this Contract.
It is further certified that any pending or proposed request for other Federal grant funds which would
duplicate or overlap work described in the Contract will be revised to exclude any such duplication of
grant fund expenditures. It is understood that any such duplication of Federal funds expenditures
subsequently determined by audit will be subject to recovery by STATE.
Single Audit Act
If your political subdivision has had an independent audit meeting the requirements of the Single Audit
Act of 1984, (31 U.S.C.A. §7501 et. seq.), please forward a copy to GOHS, Attention: Fiscal Services
Officer, within thirty (30) days of the effective date of this Contract. If such audit has not been
performed, please advise when it is being scheduled.
Buy America Act
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase only
steel, iron, and manufactured products produced in the United States with Federal funds, unless the
Secretary of Transportation determines that such domestically produced items would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality,
or that inclusion of domestic materials will increase the cost of the overall project contract by more
than twenty-five (25) percent. In order to use Federal funds to purchase foreign produced items, the
State must submit a waiver request that provides an adequate basis and justification to and approved
by the Secretary of Transportation.
Prohibition on Using Grant Funds to Check for Helmet Usage
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check
helmet usage or to create checkpoints that specifically target motorcyclists.
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Certification Regarding Debarment and Suspension
A. By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this transaction.
C. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default or may pursue suspension or debarment.
D. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
E. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meaning set out
in the Definitions and Coverage sections of 2 CFR part 180. You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of those
regulations.
F. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
G. The prospective primary participant further agrees by submitting this proposal that it will include
the clause titled Instructions for Lower Tier Certification including the Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,
provided by the department or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions and
will require lower tier participants to comply with 2 CFR parts 180 and 1300.
H. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the list of Parties Excluded from Federal Procurement and Non-procurement Programs.
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I. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
J. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, and Other Responsibility Matter
A. The prospective primary participant certifies to the best of its knowledge and belief, that its
principal:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of record,
making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Certification
A. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and
1300.
B. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
D. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out
in the Definition and Coverage sections of 2 CFR part 180. You may contact the person to whom
this proposal is submitted for assistance in obtaining a copy of those regulations.
E. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
F. The prospective lower tier participant further agrees by submitting this proposal that it will include
the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts
180 and 1300.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
H. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, the department or agency with which
this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work
order, debar or suspend you, or take other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
B. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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REIMBURSEMENT INSTRUCTIONS
1. Agency Official preparing the Report of Costs Incurred:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
2. Agency's Fiscal Contact:
Name:
Title:
Telephone Number: Fax Number:
E-mail Address:
Federal Identification Number:
3. REIMBURSEMENT INFORMATION:
Warrant/Check to be made payable to:
Warrant/Check to be mailed to:
(Agency)
(Address)
(City, State, Zip Code)
4. DUNS Number:
(DUNS #)
(Registered Address & Zip Code)
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Restriction on State Lobbying
None of the funds under this program will be used for any activity specifically designed to urge or
influence a State or local legislator to favor or oppose the adoption of any specific legislative
proposal pending before any State or local legislative body. Such activities include both direct and
indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State
official whose salary is supported with NHTSA funds from engaging in direct communications
with State or local legislative officials, in accordance with customary State practice, even if such
communications urge legislative officials to favor or oppose the adoption of a specific pending
legislative proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients will certify and disclose
accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 USC §1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signature of Project Director: Signature of Authorized Official of
Governmental Unit:
Daniel Sharp, Chief Mary Jacobs, Town Manager
Oro Valley Police Department Town of Oro Valley
Date Telephone Date Telephone
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AUTHORITY & FUNDS
1. This Project is authorized by 23 U.S.C. §402 and regulations promulgated there under, more particularly
Volume 102, and if State funds are involved, this project is authorized by ARS §28-602.
The funds authorized for this Project have been appropriated and budgeted by the U.S. Department of
Transportation. The expenses are reimbursable under Arizona's Highway Safety Plan Program Area 402-
AL, as approved for by the National Highway Traffic Safety Administration.
2. A. EFFECTIVE DATE: B. FEDERAL FUNDS:
Authorization to Proceed Date $26,500.00
3. AGREEMENT AND AUTHORIZATION TO PROCEED
by State Official responsible to Governor for the
administration of the State Highway Safety Agency
Alberto Gutier, Director Approval Date
Governor's Office of Highway Safety
Governor's Highway Safety Representative
Town Council Regular Session Item # 1.
Meeting Date:10/18/2017
Requested by: Mike Standish Submitted By:Michelle Stine, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION REGARDING AN
APPLICATION FOR A SERIES 12 (RESTAURANT) LIQUOR LICENSE FOR
RAGAZZI NORTHERN ITALIAN CUISINE, LOCATED AT 7850 N. ORACLE ROAD
RECOMMENDATION:
Staff recommends approval of this liquor license to the Arizona Department of Liquor
Licenses and Control for the following reasons:
1. No protests to this license have been received.
2. The necessary background investigation was conducted by the Police Department.
3. The Police Department has no objection to the approval of the Series 12 Liquor
License.
EXECUTIVE SUMMARY:
An application for a new Series 12 (Restaurant) Liquor License has been submitted
by Owner Jorge Leon Uribe for Ragazzi Northern Italian Cuisine located at 7850 N.
Oracle Rd.
Mr. Leon Uribe has submitted all necessary paperwork to the Town of Oro Valley and
the Arizona Department of Liquor Licenses and Control and has paid all related fees
associated with applying for the liquor license ($500 Application Processing Fee).
BACKGROUND OR DETAILED INFORMATION:
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve spirituous liquor solely for consumption on the
premises of an establishment, which derives at least 40% of its gross revenue from the
sale of food. Failure to meet the 40% food requirement shall result in revocation of the
license.
In accordance with Section 4-201 of the Arizona Revised Statutes, the application was
posted for 20 days on the premises of the applicant's property, ending September 21,
2017. No protests were received during this time period.
Interim Police Chief Aaron LeSuer completed a standard background check on Ragazzi
Northern Italian Cuisine and Owner Jorge Leon Uribe. Interim Chief LeSuer has no
objection to the approval of the Series 12 (Restaurant) License.
FISCAL IMPACT:
Per Ordinance No. (O)11-16, the Town of Oro Valley charges a $500 liquor license
application processing fee to cover the costs incurred by the Town to process the
application.
Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State
of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of
$80.00 to the Town.
SUGGESTED MOTION:
I MOVE to (recommend or deny) approval of the issuance of a Series 12 Liquor License
to the Arizona Department of Liquor Licenses and Control for Jorge Leon Uribe for
Ragazzi Northern Italian Cuisine, located at 7850 N. Oracle Road.
Attachments
Ragazzi's Liquor License
Town Council Regular Session Item # 2. a.
Meeting Date:10/18/2017
Requested by: Councilmember Hornat & Vice Mayor Waters
Submitted By:Michelle Stine, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
RESOLUTION NO. (R)17-40, AMENDING APPENDIX "B" OF THE TOWN COUNCIL
PARLIAMENTARY RULES & PROCEDURES AND CODE OF CONDUCT REGARDING
THE EXTENSION OF BOARD AND COMMISSION TERM LIMITS
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
At the June 7, 2017 regular Council meeting, Councilmember Hornat and Vice Mayor
Waters requested a future agenda item to review and discuss the possibility of
increasing board and commission term limits.
BACKGROUND OR DETAILED INFORMATION:
Currently, there are seven (7) active Town of Oro Valley boards and commissions in
which their respective members serve either a two-year or three-year term. Per the Town
Council Parliamentary Rules & Procedures, no volunteer shall serve more than two (2)
consecutive terms, either 2-year terms (4 consecutive years maximum) or 3-year terms
(6 consecutive years maximum) depending upon the board or commission. Once a
volunteer has completed the maximum number of terms on a board/commission, the
volunteer may not be eligible for appointment to that board/commission for a period of 1
year following completion of their term.
After reviewing current board and commission term lengths/limits, staff is recommending
to maintain existing term lengths but to allow for a board or commission member to serve
an additional term at the discretion of the Town Council. The recommended change
would allow knowledgeable and qualified residents to continue to serve the community
where such continuity of service is necessary for the respective board or commission.
In addition to the required Code and Parliamentary Rules changes, a clean-up item has
been included within the proposed amendments.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)17-40, amending Appendix "B" of the Town
Council Parliamentary Rules & Procedures and Code of Conduct regarding the
extension of board and commission term limits.
Attachments
Resolution No. (R)17-40
F:\RESOLUTIONS\2017\R17-40 Amending Parliamentary Rules B&C.doc Town of Oro Valley Attorneys Office/ca/090110
RESOLUTION NO. (R)17-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, AMENDING APPENDIX
“B” OF THE TOWN COUNCIL PARLIAMENTARY RULES &
PROCEDURES AND CODE OF CONDUCT REGARDING THE
EXTENSION OF BOARD AND COMMISSION TERM LIMITS
WHEREAS, on February 7, 1996, the Council originally adopted the Town Council
Polices & Procedures, which were created for use by the Council to set standards and
procedures for the conduct of public meetings of the Council; and
WHEREAS, on September 19, 2001, the Town Council Policies and Procedures were
revised and re-titled as “Town Council Parliamentary Rules & Procedures and Code of
Conduct” ; and
WHEREAS, on December 1, 2010, by Resolution No. (R) 10-88, the Town Council
Parliamentary Rules & Procedures and Code of Conduct was amended to update the
appointment process and term limit provisions; and
WHEREAS, it is necessary to amend appendix “B” of the Town Council Parliamentary
Rules & Procedures and Code of Conduct to extend the board and commission term
limits to reflect the changes within the Town Code; and
WHEREAS, the Mayor and Council wish to amend appendix “B” to extend the board
and commission term limits.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Oro Valley, Arizona, that: appendix “B” of the Town Council Parliamentary Rules
& Procedures and Code of Conduct, attached hereto as Exhibit “A” and incorporated
herein by this reference, are amended with additions in ALL CAPS and deletions in
strikethrough text.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18th day of October, 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:
F:\RESOLUTIONS\2017\R17-40 Amending Parliamentary Rules B&C.doc Town of Oro Valley Attorney’s Office/ca/050409
EXHIBIT “A”
F:\RESOLUTIONS\2017\R17-40 Amending Parliamentary Rules B&C.doc Town of Oro Valley Attorney’s Office/ca/050409
APPENDIX “B” – amended
APPOINTMENT PROCESS
OF TOWN OF ORO VALLEY VOLUNTEERS
TO
BOARDS, COMMISSIONS, COMMITTEES
ADVISORY BOARDS AND TASK FORCES
…
Terms: Appointments shall be made for 2-year terms (or 3-year terms when
applicable), and the volunteer shall continue service until reappointed or
replaced. Upon successful completion of one A term, the volunteer may be
considered for reappointment without a formal interview with the interview
committee panel. If the volunteer does not wish to be considered for
reappointment, the position becomes open to other applicants.
Term Limits: No volunteer shall serve more than 2 consecutive terms, either 2-
year terms (4 consecutive year maximum) or 3-year terms (6 consecutive years
maximum) depending upon the Board. Once a volunteer has completed the
maximum number of terms on a Board the volunteer may not be eligible for
appointment to that Board for a period of 1 year following completion of their
term. A VOLUNTEER USUALLY SERVES NO MORE THAN TWO
CONSECUTIVE TERMS; HOWEVER, A VOLUNTEER MAY SERVE
ADDITIONAL TERMS AT THE DISCRETION OF THE TOWN COUNCIL.
Appointment of a member to complete the remaining portion of an unexpired
term of a former member shall not be counted against the term limits established
by this section for the newly appointed member.
Concurrent Office: No volunteer shall serve on more than one Standing Board
at any time. A standing Board is that Board appointed by the Council for an
unspecified duration and has regularly scheduled meetings.
Town Employee: Town Employees shall not serve on any standing Board. with
the exception of the Conceptual Design Review Board.
Town Council Regular Session Item # 2. b.
Meeting Date:10/18/2017
Requested by: Councilmember Hornat & Vice Mayor Waters
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
PUBLIC HEARING: ORDINANCE NO. (O)17-06, AMENDING TOWN CODE SECTION
15-4-3 REGARDING THE EXTENSION OF BOARD AND COMMISSION TERM LIMITS
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
At the June 7, 2017 regular Council meeting, Councilmember Hornat and Vice Mayor
Waters requested a future agenda item to review and discuss the possibility of
increasing board and commission term limits.
BACKGROUND OR DETAILED INFORMATION:
Currently, there are seven (7) active Town of Oro Valley boards and commissions in
which their respective members serve either a two-year or three-year term. Per the Town
Council Parliamentary Rules & Procedures, no volunteer shall serve more than two (2)
consecutive terms, either 2-year terms (4 consecutive years maximum) or 3-year terms
(6 consecutive years maximum) depending upon the board or commission. Once a
volunteer has completed the maximum number of terms on a board/commission, the
volunteer may not be eligible for appointment to that board/commission for a period of 1
year following completion of their term.
After reviewing current board and commission term lengths/limits, staff is recommending
to maintain existing term lengths but to allow for a board or commission member to serve
an additional term at the discretion of the Town Council. The recommended change
would allow knowledgeable and qualified residents to continue to serve the community
where such continuity of service is necessary for the respective board or commission.
In addition to the required Code and Parliamentary Rules changes necessary to allow for
unlimited terms, a clean-up item has been included within the proposed amendments.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (adopt or deny) Ordinance No. (O)17-06, amending Town Code section
15-4-3 regarding the extension of board and commission term limits.
Attachments
(O)17-06 Extending B&C Term Lengths
ORDINANCE NO. (O)17-06
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA
AMENDING ORO VALLEY TOWN CODE SECTION 15-4-3
MEMBERSHIP COMPOSITION, TERMS AND QUALIFICATIONS
REGARDING THE EXTENSION OF BOARD AND COMMISSION TERM
LIMITS; AND REPEALING ALL RESOLUTIONS, ORDINANCES AND
RULES OF THE TOWN OF ORO VALLEY IN CONFLICT THEREWITH
WHEREAS, the proposed amendment to the Town Code is needed to allow knowledgeable and
qualified residents to continue to serve the community; and
WHEREAS, the Town desires to amend the Oro Valley Town Code, Section 15-4-3 to extend
term limits of the board and commission members.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Oro
Valley, Arizona that:
SECTION 1.The certain document known as “Oro Valley Town Code, Section 15-4-3
Membership Composition, Terms and Qualifications attached hereto as Exhibit “A” and
incorporated herein by this reference, is amended with additions in ALL CAPS and deletions in
strikethrough text.
SECTION 2.All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances,
Resolutions or Motions of the Council in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION 3.If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by Mayor and Town Council, the Town of Oro Valley, Arizona,
this 18th day of October, 2017.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
EXHIBIT “A”
EXTENSION OF BOARD/COMMISSION TERM LIMITS
15-4-3 Membership Composition, Terms and Qualifications
The Oro Valley Water Utility Commission (Commission) shall be composed of not less than five (5) and
no more than seven (7) members. Insofar as is possible, at least two (2) members shall be technically
qualified residential customers from the area served by the Town of Oro Valley water system within
current Town boundaries, at least one (1) member shall be a technically qualified residential customer
from the service area of the Town of Oro Valley water system outside of the Town boundaries, and at
least one (1) member shall be a technically qualified representative from a commercial and/or turf interest
within the Oro Valley water system. Any additional members appointed will serve at-large and shall be
residents from the area served by the Oro Valley water system or employed by a commercial or turf
customer served by the Oro Valley water system. Insofar as possible, any at-large representative shall be
technically qualified and possess sufficient interest in and knowledge of local water issues to allow them
to promote the intent and purpose of this code as stated in Section 15-1-2. Members of the Commission
shall be appointed by the Town Council, having completed an application on a form supplied by the
Town, a subsequent interview and having been recommended by the interview committee panel
consisting of the Water Utility Commission Council liaison, the Water Utility Commission chair and the
Water Utility Director. The Commission members shall serve terms of three (3) years, which terms shall
be staggered. All members are limited to a maximum of two (2) successive terms.
Town Council Regular Session Item # 3. a.
Meeting Date:10/18/2017
Requested by: Bayer Vella
Submitted By:Patty Hayes, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
RESOLUTION NO. (R)17-39, DECLARING THE PROPOSED AMENDMENTS
TO CHAPTER 25 OF THE ORO VALLEY ZONING CODE RELATED TO OUTDOOR
DISPLAYS, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND
FILED WITH THE TOWN CLERK, A PUBLIC RECORD
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
This is a procedural item to declare the draft ordinance a matter of public record. The
draft ordinance has been posted online and made available in the Town Clerk's Office. If
the final version is adopted, as approved by Town Council, it will be made available in
the same manner.
BACKGROUND OR DETAILED INFORMATION:
Once adopted by Town Council, this proposed resolution will become a public record
and will save the Town on advertising costs since the Town will forgo publishing the
entire draft ordinance in the newspaper. The current draft version of the draft ordinance
has been posted on the Town's website and a printed copy is available for public review
in the Town Clerk's Office. Once adopted, the final version will be published on the
Town's website.
FISCAL IMPACT:
The Town will save on advertising costs by meeting publishing requirements by
reference, without including the pages of amendments.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)17-39, declaring the proposed
I MOVE to (adopt or deny) Resolution No. (R)17-39, declaring the proposed
amendments to the Oro Valley Zoning Code Chapter 25 related to Outdoor Displays,
attached hereto as Exhibit “A” and filed with the Town Clerk, a public record.
Attachments
(R)17-39 Public Record
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RESOLUTION NO. (R)17-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A
PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE
PLACED WITHIN CHAPTER 25, USE REGULATIONS,
SECTIONS 25.1.A.4, OF THE ORO VALLEY ZONING CODE
REVISED AND ENTITLED THE “OUTDOOR STORAGE AND
ACTIVITIES”; ATTACHED HERETO AS EXHIBIT “A” AND
FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, that certain document of the Oro Valley Town Code, entitled
Chapter 25, Use Regulations, Section 25.1.A.4, entitled “Outdoor Storage and Activities”
is attached hereto as Exhibit “A”, three copies of which are on file in the Office of the
Town Clerk, is hereby declared to be a public record, and said copies are ordered to
remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18
th day ofOctober, 2017.
TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
Additions shown in ALL CAPS, Deletions shown in strikethrough
25.1.A.4. Outdoor Storage and Activities
d. Outdoor display of merchandise shall meet the following standards:
i. Location:
a) The display area shall be located directly adjacent to the primary building
where the merchandise is sold.
b) The display area shall not be placed in a manner that will constitute a public
hazard to pedestrian or vehicular traffic or interfere with bicycle parking areas
and other EGRESS/INGRESS accessES. (Figure 25.1). People standing in driveways
or blocking doorways while viewing outdoor display are considered a hazard
1) A minimum of four (4) feet shall be maintained from all doors.
2) A minimum of four (4) feet shall be maintained from any adjacent road
curb.
3) The display area shall not interfere with sidewalk function.
4) and must maintain A four foot (4) clear path SHALL BE MAINTAINED.
around display at all times.
5) Access to all doors shall be kept clear at all times.
6) The display area shall not be located in parking areas, drive aisles or
landscape areas.
ii. Size:
a) The display area for store fronts with less than fifty (50) linear feet of
building frontage shall not exceed twenty-five (25) square feet.
b) The display area for store fronts with greater than fifty (50) linear feet of
building frontage shall not exceed fifty percent (50%) of the LINEAR
BUILDING frontage WHERE THE DISPLAY IS LOCATED; up to a maximum of
one hundred fifty (150) linear feet.
iii. Quantity:
a) Display areas are limited to one (1) facade of the building.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@901755BF\@BCL@901755BF.doc Town of Oro Valley Attorney’s Office/ca/072612
iv. Signs:
a) Price tags shall be no larger than one (1) square foot.
Figure 25.1 Outdoor Display Locations
Store
Door
Display Area
50 Linear Feet
17’
8’
4’
4’
Drive Isle
CurbADA Ramp
Town Council Regular Session Item # 3. b.
Meeting Date:10/18/2017
Requested by: Bayer Vella
Submitted By:Patty Hayes, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
PUBLIC HEARING: ORDINANCE NO. (O)17-07, AMENDING CHAPTER 25 OF THE
ORO VALLEY ZONING CODE RELATED TO OUTDOOR DISPLAYS
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
EXECUTIVE SUMMARY:
The purpose of this code amendment is to modify the standards related to outdoor
displays.
The real world application of the current outdoor display standards has resulted in the
need to revise specific location standards. Currently, outdoor displays must be located 4'
from doors and maintain a 4' path around the products. Also, the current size standards
are confusing with multiple measurement standards for differently sized businesses.
The proposed amendment eliminates the 4' from doors and 4' clearance around the
display and clarifies measurement standards. The revised standards will provide more
flexibility for a business displaying products outside while maintaining public safety.
A draft version of the proposed amendment is included in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
The Town Council initiated a code change related to the outdoor display standards at the
July 5, 2017 meeting. The Council asked staff to modify the standards to allow more
flexibility but still maintain safety.
Proposed outdoor display amendments include the following:
Remove required 4’ distance around the display
Remove the 4' distance from doors
Simplify the overall allowed area into one measurement standard
The proposed language would continue to prohibit displays in areas that cause public
safety concerns, but would allow a business to place their displays in locations that work
for the individual business.
Planning and Zoning Commission Review
The code amendment was heard at the September 5, 2017 Commission meeting. The
staff report to Commission is included in Attachment 2 and meeting minutes are included
in Attachment 3. The main topics discussed at the hearing included:
If a 4' clear pathway will be required
If the display can be placed against the wall of a building
How the size clarification affects displays
Staff stated that a safe clear pathway will always be required but a display could be
placed against the wall and that the size clarification should be less confusing to
businesses.
FISCAL IMPACT:
Revising the location standards for outdoor displays adds flexibility for businesses, which
should result in a stronger employment and tax base.
SUGGESTED MOTION:
I MOVE to approve Ordinance No. (O)17-07, an amendment to Chapter 25 of the Oro
Valley Zoning Code revising outdoor display standards.
OR
I MOVE to deny Ordinance No. (O)17-07, an amendment to Chapter 25 of the Oro Valley
Zoning Code revising outdoor display standards.
Attachments
(O)17-07 Outdoor Displays
Attachment 2 PZC Report and Attachment
Attachment 3 PZC Draft Minutes
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ORDINANCE NO. (O)17-07
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING THE ORO VALLEY ZONING CODE REVISED, BY
AMENDING CHAPTER 25, USE REGULATIONS, SECTION 25.1.A.4,
OUTDOOR STORAGE AND ACTIVITIES; REPEALING ALL
RESOLUTIONS, ORDINANCES AND RULES OF THE TOWN OF ORO
VALLEY IN CONFLICT THEREWITH; PRESERVING THE RIGHTS
AND DUTIES THAT HAVE ALREADY MATURED AND PROCEEDINGS
THAT HAVE ALREADY BEGUN THEREUNDER
WHEREAS, on March 13, 1981, the Mayor and Council approved Ordinance (O)81-58, which
adopted that certain document entitled “Oro Valley Zoning Code Revised (OVZCR); and
WHEREAS, the proposed amendments to Chapter 25, Use Regulations, Section 25.1.A.4,
Outdoor Storage and Activities will modify the standards of Outdoor Displays to create more
flexibility in the placement of the displays; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments at duly
noticed public hearing on September 5, 2017 in accordance with State statutes and recommended
approval of the proposed amendments to the Town Council; and
WHEREAS,the Oro Valley Town Council has considered the proposed amendments to Chapter
25, Use Regulations, Section 25.1.A.4, Outdoor Storage and Activities, and the Planning and
Zoning Commission’s recommendation and finds that they are consistent with the Town's General
Plan and other Town ordinances.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Oro
Valley, Arizona,
SECTION 1.That certain document entitled Chapter 25, Use Regulations, Section 25.1.A.4,
Outdoor Storage and Activities, attached hereto as Exhibit “A” and incorporated herein by this
reference, are hereby amended with additions being shown in ALL CAPS and deletions in
strikethrough text.
SECTION 2. All Oro Valley Ordinances, Resolutions, or Motions and parts of Ordinances,
Resolutions, or Motions of the Council in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
18th day ofOctober, 2017.
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TOWN OF ORO VALLEY
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM :
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date: Date:
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EXHIBIT “A”
Additions shown in ALL CAPS, Deletions shown in strikethrough
25.1.A.4. Outdoor Storage and Activities
d. Outdoor display of merchandise shall meet the following standards:
i. Location:
a) The display area shall be located directly adjacent to the primary building
where the merchandise is sold.
b) The display area shall not be placed in a manner that will constitute a public
hazard to pedestrian or vehicular traffic or interfere with bicycle parking areas
and other EGRESS/INGRESS accessES. (Figure 25.1). People standing in driveways or
blocking doorways while viewing outdoor display are considered a hazard
1) A minimum of four (4) feet shall be maintained from all doors.
2) A minimum of four (4) feet shall be maintained from any adjacent road
curb.
3) The display area shall not interfere with sidewalk function.
4) and must maintain A four foot (4) clear path SHALL BE MAINTAINED. around
display at all times.
5) Access to all doors shall be kept clear at all times.
6) The display area shall not be located in parking areas, drive aisles or
landscape areas.
ii. Size:
a) The display area for store fronts with less than fifty (50) linear feet of building
frontage shall not exceed twenty-five (25) square feet.
b) The display area for store fronts with greater than fifty (50) linear feet of building
frontage shall not exceed fifty percent (50%) of the LINEAR BUILDING frontage
WHERE THE DISPLAY IS LOCATED; up to a maximum of one hundred fifty (150) linear
feet.
iii. Quantity:
a) Display areas are limited to one (1) facade of the building.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@8005CDAD\@BCL@8005CDAD.doc Town of Oro Valley Attorney’s Office/ca/1112114
iv. Signs:
a) Price tags shall be no larger than one (1) square foot.
Figure 25.1 Outdoor Display Locations
Store
Door
Display Area
50 Linear Feet
17’
8’
4’
4’
Drive Isle
CurbADA Ramp
Planning & Zoning Commission AGENDA ITEM: 4.
Meeting Date: 09/05/2017
Requested by: Bayer Vella
Submitted By: Patty Hayes, Community Development & Public Works
Department: Community Development & Public Works
Case Number: OV1701947
Information
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING CODE TEXT AMENDMENT RELATED TO
OUTDOOR DISPLAYS (OV1701947)
RECOMMENDATION:
It is recommended that the Planning and Zoning Commission take the following action:
Recommend approval to the Town Council of the requested code amendment, OV1701947
Based on the following findings:
• Outdoor Displays continue to be an important tool to help businesses attract customers
• The revised standards will provide more flexibility for businesses without compromising safety
EXECUTIVE SUMMARY:
The purpose of this code amendment is to modify the standards of Outdoor Displays. Outdoor Displays are designated
areas that allow businesses to display products sold by the store on the adjacent sidewalk.
The real world application of the current Outdoor Display standards has resulted in the need to revise specific location
standards. The revised standards would allow businesses more flexibility in the placement of the displays.
A draft version of the revised proposed amendment is included in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
Related approvals:
September 2011: Outdoor Displays allowed on a temporary basis
September 2016: Outdoor Displays approved as a permanent part of the zoning code
The Town Council initiated a code change related to the Outdoor Display standards at the July 5, 2017 meeting. The
Council asked staff to modify the standards to allow more flexibility but still maintain safety.
DISCUSSION / ANALYSIS:
Standards for Outdoor Displays were established during a temporary allowance in 2011 and again in 2016 as part of the
permanent allowance in the zoning code.
Standards related to Outdoor Displays include:
• Size: Currently defines different measurement standards for small and large businesses
• Location: Currently requires displays to be a minimum of 4’ from all doors and curbs and provide a 4' clear path
around the display.
The Outdoor Display location standards were originally put in place to ensure that businesses would use the Displays in
a safe manner. However, the Outdoor Display standards have created strict regulations that do not work in all situations.
For example, a store near a narrow sidewalk may not be able to provide a 4' clearance from all doors. However,
Page 1 of 2Print Staff Report
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standards that require safe ingress and egress for pedestrians without defined distances may allow a business to display
items while not causing a safety hazard.
Whether the display is placed against the wall of the building or projects 4' outward or is 3' away from a door versus 4'
from a door is not the intended focus of the display standards. Ensuring safely for pedestrians is the primary focus which
can still be maintained with the proposed standards.
Also, the current measurement standards that determine the allowed sizes of displays is not consistent between
small and large stores.The proposed code change would standardize the allowed size of displays for all stores; based on
linear frontage.
The proposed Outdoor Display code amendment proposes to add flexibility for display locations and simplify size
standards:
• Remove required 4’ distance around the display
• Remove the 4' distance from doors
• Simplify the overall allowed area into one measurement standard
The proposed language would continue to prohibit displays in areas that cause public safety concerns but would allow
a business to place their displays in areas that work for the individual business location.
GENERAL PLAN
General Plan Chapter 3. Economic development, retail development/leakage:
A high percentage of Oro Valley residents spend a significant amount of money outside of the Town reducing the
financial benefits to the Town. Creation of preferred high-end shopping opportunities through development and
annexation could reduce retail leakage.
3.1 Ensure long term financial and economic sustainability for the Town.
3.1.1. The Town shall ensure that future growth reflects the desires of the community in balance with an analysis of the
Town's financial needs, maintain and periodically update the Town’s Community Economic Development Strategy to
ensure that future development will complement community values and implement the community's economic vision for
the future, while maintaining the ability of Oro Valley to attract and retain desirable businesses.
3.1.5 The Town shall continue its efforts to attract new high-end retail and service businesses, especially those in under-
represented categories, in order to help reduce expenditure leakage.
The proposed code amendment will continue to allow businesses to use Outdoor Displays but provide more flexibility for
each business thus contributing to economic viability.
The proposed amendment is consistent with the General Plan policies.
SUMMARY
The proposed code amendment to the Outdoor Display regulations will provide businesses the flexibility and ease of
being able to customize the display location to fit the specific area while maintaining size limits and public safety.
SUGGESTED MOTION:
The Planning and Zoning Commission may wish to consider the following suggested motions:
I MOVE to recommend approval of the Zoning Code Amendment in Attachment 1 related to Outdoor Displays, based on
the finding that the request meets the intent of the general plan to support businesses.
OR
I MOVE to recommend denial of the Zoning Code Amendment in Attachment 1 related to Outdoor Displays, based on the
finding that ______________________________________.
Attachments
Attachment 1 Outdoor Display Draft
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Outdoor Display Code Amendment
Additions shown in ALL CAPS, Deletions shown in strikethrough
25.1.A.4. Outdoor Storage and Activities
d. Outdoor display of merchandise shall meet the following standards:
i. Location:
a) The display area shall be located directly adjacent to the primary building
where the merchandise is sold.
b) The display area shall not be placed in a manner that will constitute a public
hazard to pedestrian or vehicular traffic or interfere with bicycle parking areas
and other EGRESS/INGRESS accessES. (Figure 25.1). People standing in driveways
or blocking doorways while viewing outdoor display are considered a hazard
1) A minimum of four (4) feet shall be maintained from all doors.
2) A minimum of four (4) feet shall be maintained from any adjacent road
curb.
3) The display area shall not interfere with sidewalk function.
4) and must maintain A four foot (4) clear path SHALL BE MAINTAINED.
around display at all times.
5) Access to all doors shall be kept clear at all times.
6) The display area shall not be located in parking areas, drive aisles or
landscape areas.
ii. Size:
a) The display area for store fronts with less than fifty (50) linear feet of building
frontage shall not exceed twenty-five (25) square feet.
b) The display area for store fronts with greater than fifty (50) linear feet of
building frontage shall not exceed fifty percent (50%) of the LINEAR BUILDING
frontage WHERE THE DISPLAY IS LOCATED; up to a maximum of one hundred
fifty (150) linear feet.
iii. Quantity:
a) Display areas are limited to one (1) facade of the building.
iv. Signs:
a) Price tags shall be no larger than one (1) square foot.
Figure 25.1 Outdoor Display Locations
Store
Door
ADA Ramp Bike Rack Display Area
50’ Linear Feet
17’
8’
4’
4’
Drive Isle
Curb
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
September 5, 2017
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Chair Hurt called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Charlie Hurt, Chair
Melanie Barrett, Vice Chair
Tom Drzazgowski, Commissioner
Bob Swope, Commissioner
Greg Hitt, Commissioner
Don Cox, Commissioner
EXCUSED: Thomas Gribb, Commissioner
OTHER STAFF PRESENT:
Chief Civil Deputy Attorney Joe Andrews
Planning and Zoning Administrator Bayer Vella
Senior Planning Technician Patty Hayes
PLEDGE OF ALLEGIANCE
Chair Hurt led the Commission and the audience in the Pledge of Allegiance.
CALL TO AUDIENCE
No speakers.
COUNCIL LIAISON COMMENTS
Councilmember Bill Rodman stated the Council was off for the month of August and the
first meeting back will be the following evening.
REGULAR SESSION AGENDA
1. REVIEW AND APPROVAL OF THE NOVEMBER 15, 2016 STUDY SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Drzazgowski and seconded by
Commissioner Swope to approve the November 15, 2016 minutes as written.
MOTION carried, 5-0. with Don Cox, Commissioner abstained.
2. REVIEW AND APPROVAL OF THE AUGUST 1, 2017 STUDY SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Hitt to approve the August 1, 2017 meeting minutes as written.
MOTION carried, 6-0.
3. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING
CODE TEXT AMENDMENT RELATED TO A-FRAME SIGNS (OV1701692)
Senior Planning Technician Patty Hayes gave a presentation that included the following:
- Purpose
- A-frame Signs Description
- Current Standards
- Proposed Standards
- Language in General Plan
- Summary
Questions/concerns raised by Commission and addressed by staff:
- Text specifically states cannot face public roads, what is the logic for that?
- Has issue with "oriented" language regarding public-facing A-frames
- We should give every opportunity to businesses
- Clarify intrusiveness
- Clarify what "in the shopping center" means
- Clarify the "four-foot walkway"
- How does this affect residential areas close to shopping areas?
- How many businesses does the current code affect?
- How was the twenty feet determined?
- Does this solve the issue or is this a temporary solution?
- Could we keep Code as is and have businesses ask for exceptions?
Chair Hurt opened the public hearing.
Dave Perry, Oro Valley Chamber of Commerce and Oro Valley resident, spoke
in support of the Zoning Code amendment to A-frames and outdoor displays signs.
Question raised by the Commission:
- Are there provisions for businesses to protect their areas?
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Hitt to recommend approval of the Zoning Code Amendment in Attachment 1 related to
A-frame signs, based on the finding that the request meets the intent of the general plan
concerning signage.
Additional concerns raised by the Commission:
- The clustering of signs as a visible intrusion
- Feels this directly conflicts with general plan
- A-frames are designed for pedestrian traffic
MOTION carried, 4-2 with Vice Chair Barrett and Commissioner Swope opposed.
4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING
CODE TEXT AMENDMENT RELATED TO OUTDOOR DISPLAYS (OV1701947)
Senior Planning Technician Patty Hayes gave a presentation that included the following:
- Outdoor Displays
- Current Standards
- Proposed Standards
- General Plan
- Summary
Question/concerns raised by the Commission and addressed by staff:
- Clarification on access area with new change
- Clarification on measurement standards
Chair Hurt opened the public hearing.
Dave Perry, Oro Valley Chamber of Commerce and Oro Valley resident spoke in
support for this item. It provides good viable opportunities for businesses.
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Cox to recommend approval of the Zoning Code Amendment in Attachment 1 related to
Outdoor Displays, based on the finding that the request meets the intent of the g eneral
plan to support businesses.
MOTION carried, 6-0.
5. DISCUSSION ONLY: ORO VALLEY MAIN STREETS PROJECT UPDATE AND
POTENTIAL USE OF FORM-BASED CODE
Planning and Zoning Administrator Bayer Vella asked that this item be continued to the
October 25, 2017 special session meeting.
PLANNING UPDATE (INFORMATIONAL ONLY)
Planning and Zoning Administrator Bayer Vella gave a Planning Update that included
information on the following:
- Two upcoming neighborhood meetings
- Final Conceptual Design Review Board meeting is the following week
- Seven (7) cases on agenda for the October 3, 2017 Planning and Zoning Commission
meeting at Icagen, Inc. No votes will be taken; items will be discussion only
- Second meeting in October for the Planning and Zoning Commission on October 25
- Community Academy will start on October 12
ADJOURNMENT
Chair Hurt adjourned the meeting at 6:58 p.m.
Town Council Regular Session Item # 4. a.
Meeting Date:10/18/2017
Requested by: Bayer Vella
Submitted By:Patty Hayes, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
RESOLUTION NO. (R)17-44, DECLARING THE PROPOSED AMENDMENTS
TO CHAPTER 28 OF THE ORO VALLEY ZONING CODE RELATED TO A-FRAME
SIGNS, PROVIDED AS EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND
FILED WITH THE TOWN CLERK, A PUBLIC RECORD
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
This is a procedural item to declare the draft ordinance a matter of public record. The
draft ordinance has been posted online and made available in the Town Clerk's Office. If
the final version is adopted, as approved by Town Council, it will be made available in
the same manner.
BACKGROUND OR DETAILED INFORMATION:
Once adopted by Town Council, this proposed resolution will become a public record
and will save the Town on advertising costs since the Town will forgo publishing the
entire draft ordinance in the newspaper. The current draft version of the draft ordinance
has been posted on the Town's website and a printed copy is available for public review
in the Town Clerk's Office. Once adopted, the final version will be published on the
Town's website.
FISCAL IMPACT:
The Town will save on advertising costs by meeting publishing requirements by
reference, without including the pages of amendments.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)17-44, declaring the proposed
I MOVE to (adopt or deny) Resolution No. (R)17-44, declaring the proposed
amendments to the Oro Valley Zoning Code Chapter 28 related to A-frame signs,
attached hereto as Exhibit “A” and filed with the Town Clerk, a public record.
Attachments
(R)17-44 Public Record A-Frame Signs
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@CC0D4F08\@BCL@CC0D4F08.doc Town of Oro Valley Attorney’s Office/ca/072612
RESOLUTION NO. (R)17-44
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A
PUBLIC RECORD THAT CERTAIN DOCUMENT TO BE
PLACED WITHIN CHAPTER 28, SIGNS, SECTION 28.6.B.8, OF
THE ORO VALLEY ZONING CODE REVISED AND ENTITLED
THE “A-FRAME SIGNS”; ATTACHED HERETO AS EXHIBIT
“A” AND FILED WITH THE TOWN CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, that certain document of the Oro Valley Town Code, entitled
Chapter 28, Signs, Section 28.6, entitled “A-Frame Signs” is attached hereto as Exhibit
“A”, three copies of which are on file in the Office of the Town Clerk, is hereby declared
to be a public record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 18
th day ofOctober, 2017.
TOWN OF ORO VALLEY
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@CC0D4F08\@BCL@CC0D4F08.doc Town of Oro Valley Attorney’s Office/ca/072612
EXHIBIT “A”
Additions shown in ALL CAPS, Deletions shown in strikethrough
28.6.B.8. A-Frame Signs
a. Use: Intended to direct pedestrian traffic and shall not be solely oriented toward vehicular
traffic.
b. Quantity: One (1) per business.
c. Area of Sign: Maximum six (6) square feet per side. Maximum of two (2) sides.
d. Height: Not to exceed forty-two (42) inches.
e. Location: On private property where the business is located WITHIN A COMMERCIAL
DEVELOPMENT WITH SHARED PARKING AND ACCESS OR A SINGLE PARCEL.
f. Additional Requirements:
i. Sign shall not be located more than twenty (20) feet from the entry door of the
associated
business or the nearest entry stairway/elevator for a second story business.
ii. Sign shall not be located closer than four (4) feet to a curb.
I. Placement of sign shall allow for a four (4) foot unobstructed pathway for pedestrians.
II. THE SIGN SHALL NOT BE PLACED IN SUCHA MANNER AS TO ATTRACT VEHICULAR
TRAFFIC FROM PUBLIC ROADS (FIGURE 28. 11).
III. The sign shall not be displayed in a manner that will create a public safety hazard.
IV. Access ramps or vehicular sight lines, shall not be obstructed.
V. LANDSCAPING SHALL NOT BE REMOVED, ALTERED OR DAMAGED BY THE PLACEMENT
OF THE SIGNS
g. Illumination: None.
h. Hours: During operating hours of the associated business.
i. Design:
i. The sign shall be self-supporting and not be attached to railings, posts, fencing or
other structures.
ii. Carts, wheels or other devices that will make the A-frame mobile shall not be
attached to the sign.
iii. Attachments such as flags, pennants, balloons or additional signs shall not be
affixed to the A-frame.
iv. The sign appearance shall be professional and may not contain cloth or paper
surfaces.
v. The sign shall be neat and legible.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@CC0D4F08\@BCL@CC0D4F08.doc Town of Oro Valley Attorney’s Office/ca/072612
Figure 28.11 A-frame sign locations
Town Council Regular Session Item # 4. b.
Meeting Date:10/18/2017
Requested by: Bayer Vella
Submitted By:Patty Hayes, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
PUBLIC HEARING: ORDINANCE NO. (O)17-08, AMENDING CHAPTER 28 OF THE
ORO VALLEY ZONING CODE RELATED TO A-FRAME SIGNS
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
EXECUTIVE SUMMARY:
The purpose of this code amendment is to modify the location standards of A-frame
signs.
The real world application of the current A-frame sign standards has resulted in the need
to revise the location distance limits. Currently, the code limits A-frame signs to be
placed no further than 20’ from the entrance of a business and 4’ from a curb. Many
businesses have difficulty locating their signs in noticeable locations within those limits.
The proposed amendment eliminates both the 20’ and 4’ distance requirements. The
revised location standards will allow more flexibility in sign placement while not
compromising public safety.
A draft version of the proposed amendment is included in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
The Town Council initiated a code change related to A-frame sign standards at the July
5, 2017 meeting. The Council asked staff to modify the location standards to allow more
flexibility while maintaining safety.
Proposed A-frame sign amendment does the following:
Eliminates the 20' and 4' distance requirements
Ensures the sign does not create a public safety hazard
Requires the signs to be placed in such a manner that they are not oriented toward
Requires the signs to be placed in such a manner that they are not oriented toward
public streets
Allows the sign to be placed anywhere in the commercial development where the
business is located
Planning and Zoning Commission Review
The code amendment was heard at the September 5, 2017 Commission meeting. See
Attachment 2 for the Commission Staff Report and Attachment 3 for the meeting
minutes. The main topics discussed at the hearing included:
If the proposed location standards will allow the signs to be seen by more customers
If limits against placing the signs near public streets was needed
If the proposed language solves the problem
There was also discussion about safety, clustering of signs and conflicts between
business owners
Staff stated that it is difficult to plan for every situation but removing the distance
requirements, although subjective, provides flexibility for the businesses. Maintaining
safety for both vehicular and pedestrian traffic was emphasized.
FISCAL IMPACT:
Providing sign placement flexibility for businesses may attract more customers, which
will result in a stronger employment and sales tax base.
SUGGESTED MOTION:
I MOVE to approve Ordinance No. (O)17-08, an amendment to Chapter 28 of the Oro
Valley Zoning Code revising A-frame standards.
OR
I MOVE to deny Ordinance No. (O)17-08, an amendment to Chapter 28 of the Oro Valley
Zoning Code revising A-frame standards.
Attachments
(O)17-08 A-frame Signs
Attachment 2 PZC Report and Attachment
Attachment 3 PZC Draft Minutes
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ORDINANCE NO. (O)17-08
AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA,
AMENDING CHAPTER 28, SIGNS, SECTION 28.6.B.8, A-FRAME SIGNS,
OF THE ORO VALLEY ZONING CODE REVISED, TO MODIFY THE
LOCATION OF A-FRAME SIGNS; REPEALING ALL RESOLUTIONS,
ORDINANCES AND RULES OF THE TOWN OF ORO VALLEY IN
CONFLICT THEREWITH; PRESERVING THE RIGHTS AND DUTIES
THAT HAVE ALREADY MATURED AND PROCEEDINGS THAT HAVE
ALREADY BEGUN THEREUNDER
WHEREAS, on March 13, 1981, the Mayor and Council approved Ordinance (O)81-58, which
adopted that certain document entitled “Oro Valley Zoning Code Revised (OVZCR); and
WHEREAS, the proposed amendments to Chapter 28, Signs, Section 28.6.B.8, A-Frame Signs
to modify the location the location standard of A-Frame allowing more flexibility in sign
placement while not compromising public safety; and
WHEREAS, at the September 7, 2016, Town Council Meeting, Mayor and Council approved
Ordinance No.: 16-09, making the temporary sign allowances permanent code; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment at a duly
noticed public hearing on September 5, 2017, in accordance with State Statutes and the OVZCR,
and recommended approval of the proposed amendment to the Town Council; and
WHEREAS,the Mayor and Council have considered the proposed amendments to Chapter 28,
Signs, Section 28.6.B.8 A-Frame Signs, and the Planning and Zoning Commission’s
recommendation and finds that they are consistent with the Town’s General Plan and other Town
ordinances and is in the best interest of the Town.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of
Oro Valley that:
SECTION 1.That certain document entitled, Chapter 28, Signs, Section 28.6.B.8 A-Frame
Signs, attached hereto as Exhibit “A” and incorporated herein by this reference,
are hereby amended with additions being shown in ALL CAPS and deletions in
strikethrough text.
SECTION 2.All Oro Valley ordinances, resolutions or motions and parts of ordinances,
resolutions or motions of the Council in conflict with the provision of this
Ordinance are hereby repealed.
SECTION 3.If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this
18th day ofOctober, 2017.
TOWN OF ORO VALLEY
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@A4153F3F\@BCL@A4153F3F.docTown of Oro Valley Attorney’s Office/ca/072709
EXHIBIT “A”
Additions shown in ALL CAPS, Deletions shown in strikethrough
28.6.B.8. A-Frame Signs
a. Use: Intended to direct pedestrian traffic and shall not be solely oriented toward vehicular
traffic.
b. Quantity: One (1) per business.
c. Area of Sign: Maximum six (6) square feet per side. Maximum of two (2) sides.
d. Height: Not to exceed forty-two (42) inches.
e. Location: On private property where the business is located WITHIN A COMMERCIAL DEVELOPMENT
WITH SHARED PARKING AND ACCESS OR A SINGLE PARCEL.
f. Additional Requirements:
i. Sign shall not be located more than twenty (20) feet from the entry door of the associated
business or the nearest entry stairway/elevator for a second story business.
ii. Sign shall not be located closer than four (4) feet to a curb.
I. Placement of sign shall allow for a four (4) foot unobstructed pathway forpedestrians.
II. THE SIGN SHALL NOT BE PLACED IN SUCHA MANNER AS TO ATTRACT VEHICULAR TRAFFIC
FROM PUBLIC ROADS (FIGURE 28. 11).
III. The sign shall not be displayed in a manner that will create a public safety hazard.
IV. Access ramps or vehicular sightlines, shall not be obstructed.
V. LANDSCAPING SHALL NOT BE REMOVED, ALTERED OR DAMAGED BY THE PLACEMENT OF THE
SIGNS
g. Illumination: None.
h. Hours: During operating hours of the associated business.
i. Design:
i. The sign shall be self-supporting and not be attached to railings, posts, fencing or
other structures.
ii. Carts, wheels or other devices that will make the A-frame mobile shall not be
attached to the sign.
iii. Attachments such as flags, pennants, balloons or additional signs shall not be
affixed to the A-frame.
iv. The sign appearance shall be professional and may not contain cloth or paper surfaces.
v. The sign shall be neat and legible.
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@A4153F3F\@BCL@A4153F3F.docTown of Oro Valley Attorney’s Office/ca/072709
Figure 28.11 A-frame sign l ocations
Planning & Zoning Commission AGENDA ITEM: 3.
Meeting Date: 09/05/2017
Requested by: Bayer Vella
Submitted By: Patty Hayes, Community Development & Public Works
Department: Community Development & Public Works
Case Number: OV1701692
Information
SUBJECT:
PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING CODE TEXT AMENDMENT RELATED TO
A-FRAME SIGNS (OV1701692)
RECOMMENDATION:
It is recommended that the Planning and Zoning Commission take the following action:
Recommend approval to the Town Council of the requested code amendment, OV1701692
Based on the following findings:
• A-frame signs continue to be an important tool to help businesses attract customers
• The revised location standards will provide more flexibility for businesses without comprising safety
EXECUTIVE SUMMARY:
The purpose of this code amendment is to modify the location standards of A-frame signs. A-frame signs are portable
signs that businesses place outside of their store or restaurant to attract customers.
The real world application of the current A-frame sign standards has resulted in the need to revise the location distance
limits. The revised location standards will allow more flexibility in sign placement while not compromising public safety.
A draft version of the revised proposed amendment is included in Attachment 1.
BACKGROUND OR DETAILED INFORMATION:
Related approvals:
• September 2011: A-frame signs allowed on a temporary basis
• September 2016: A-frame signs approved as a permanent part of the zoning code
The Town Council initiated a code change related to A-frame sign standards at the July 5, 2017 meeting. The Council
asked staff to modify the location standards to allow more flexibility while maintaining safety.
DISCUSSION / ANALYSIS:
Standards for A-frame signs were established during a temporary allowance in 2011 and again in 2016 as part of the
permanent allowance in the zoning code.
Standards related to A-frame signs currently include:
• Size
• Design
• Hours
• Location: Currently limits sign placement to no further than 20’ from the entry door of the business and setback 4'
from a curb
Many of the standards listed above meet the needs of the businesses who use the signs. However, the location
standards, that were originally put in place to ensure that businesses would use the signs in a safe manner, have proven
to be too limiting for many.
Page 1 of 3Print Staff Report
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For example, if a tenant is located in a tucked away location in a shopping center, the 20’ maximum distance limit may
not allow their sign to be seen by potential customers. However, there could be a parking lot island 50' away from the
entry door of the business that would be a noticeable and safe location for the sign but not currently allowed by the code.
Whether an A-frame sign is placed 20’or 50’ from the entry door was not intended to be the primary concern related to
placement of these signs. The main goal is to ensure the sign is placed in a safe location. That safe location is different
for every business. It is difficult to predict every layout of a shopping center and an appropriate distance for each sign.
Therefore the required 20' maximum distance and 4' minimum setback has been removed from the proposed code
language.
The proposed A-frame sign code amendment proposes to alter the language about the placement of a sign to allow
flexibility such as:
• Ensure the sign does not create a public safety hazard
• Require the signs to be placed in such a manner that they are not oriented toward public streets
Allow the sign to be placed anywhere in the commercial development where the business is locatedThe proposed code
amendment would allow a business owner to decide which location makes the most sense for the sign while not creating
a public hazard. Allowing signs to be placed anywhere in the commercial development could potentially cause a cluster
of signs in certain areas but the safety standards along with prohibiting removal of landscaping may help dissuade
the clustering of signs. Otherwise, removing the specific distance and setback limits provides flexibility for the
businesses.
GENERAL PLAN:
Key General Plan Goals and Policies are below in bold italics followed by staff commentary:
The proposed sign code amendment was reviewed for conformance with the General Plan’s Goals and Policies. Listed
below are relevant policies within the General Plan relating to signage:
Goal Q:
A built environment that creatively integrates landscape, architecture, open space and conservation elements to
increase the sense of place, community interaction and quality of life.
Policy Land Use 6:
Maintain the small town, neighborly character and improve the design and safety of the built environment.
Action item #125:
Maintain the unique character of Oro Valley by studying and updating:
Signage regulations to emphasize identification and direction over advertising goods or services to maintain
compatibility and minimal intrusiveness.
The proposed sign code amendment will continue to allow tenants to identify their businesses to the public with
more flexibility in location while maintaining safety. The location flexibility could cause signs to be clustered together
causing some intrusiveness but the prohibition about damaging landscaping and maintaining safety should help
mitigate the clustering.
The proposed sign code amendment is consistent with the General Plan policies.
SUMMARY:
The proposed sign code amendment does not increase the quantity or size of signs but will allow the location to be
customized for each business which allows a sign to be more visible to the public. However the signs must still be placed
in safe locations and is not intended to be oriented toward public streets.
SUGGESTED MOTION:
The Planning and Zoning Commission may wish to consider the following suggested motions:
I MOVE to recommend approval of the Zoning Code Amendment in Attachment 1 related to A-frame signs, based on the
finding that the request meets the intent of the general plan concerning signage.
OR
I MOVE to recommend denial of the Zoning Code Amendment in Attachment 1 related to A-frame signs, based on the
finding that ______________________________________.
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Attachments
Attachment 1 A-frame sign code draft
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A-frame sign code amendment
Additions shown in ALL CAPS, Deletions shown in strikethrough
28.6.B.8. A-Frame Signs
a. Use: Intended to direct pedestrian traffic and shall not be solely oriented toward vehicular
traffic.
b. Quantity: One (1) per business.
c. Area of Sign: Maximum six (6) square feet per side. Maximum of two (2) sides.
d. Height: Not to exceed forty-two (42) inches.
e. Location: On private property where the business is located WITHIN A COMMERCIAL DEVELOPMENT
WITH SHARED PARKING AND ACCESS OR A SINGLE PARCEL.
f. Additional Requirements:
i. Sign shall not be located more than twenty (20) feet from the entry door of the associated
business or the nearest entry stairway/elevator for a second story business.
ii. Sign shall not be located closer than four (4) feet to a curb.
I. Placement of sign shall allow for a four (4) foot unobstructed pathway for pedestrians.
II. THE SIGN SHALL NOT BE PLACED IN SUCH A MANNER AS TO ATTRACT VEHICULAR TRAFFIC
FROM PUBLIC ROADS (FIGURE 28. 11).
III. The sign shall not be displayed in a manner that will create a public safety hazard.
IV. Access ramps or vehicular sight lines, shall not be obstructed.
V. LANDSCAPING SHALL NOT BE REMOVED, ALTERED OR DAMAGED BY THE PLACEMENT OF THE
SIGNS
g. Illumination: None.
h. Hours: During operating hours of the associated business.
i. Design:
i. The sign shall be self-supporting and not be attached to railings, posts, fencing or
other structures.
ii. Carts, wheels or other devices that will make the A-frame mobile shall not be
attached to the sign.
iii. Attachments such as flags, pennants, balloons or additional signs shall not be
affixed to the A-frame.
iv. The sign appearance shall be professional and may not contain cloth or paper surfaces.
v. The sign shall be neat and legible.
Figure 28.11 A-frame sign locations
MINUTES
ORO VALLEY PLANNING AND ZONING COMMISSION
REGULAR SESSION
September 5, 2017
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
Chair Hurt called the meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Charlie Hurt, Chair
Melanie Barrett, Vice Chair
Tom Drzazgowski, Commissioner
Bob Swope, Commissioner
Greg Hitt, Commissioner
Don Cox, Commissioner
EXCUSED: Thomas Gribb, Commissioner
OTHER STAFF PRESENT:
Chief Civil Deputy Attorney Joe Andrews
Planning and Zoning Administrator Bayer Vella
Senior Planning Technician Patty Hayes
PLEDGE OF ALLEGIANCE
Chair Hurt led the Commission and the audience in the Pledge of Allegiance.
CALL TO AUDIENCE
No speakers.
COUNCIL LIAISON COMMENTS
Councilmember Bill Rodman stated the Council was off for the month of August and the
first meeting back will be the following evening.
REGULAR SESSION AGENDA
1. REVIEW AND APPROVAL OF THE NOVEMBER 15, 2016 STUDY SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Drzazgowski and seconded by
Commissioner Swope to approve the November 15, 2016 minutes as written.
MOTION carried, 5-0. with Don Cox, Commissioner abstained.
2. REVIEW AND APPROVAL OF THE AUGUST 1, 2017 STUDY SESSION
MEETING MINUTES
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Hitt to approve the August 1, 2017 meeting minutes as written.
MOTION carried, 6-0.
3. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING
CODE TEXT AMENDMENT RELATED TO A-FRAME SIGNS (OV1701692)
Senior Planning Technician Patty Hayes gave a presentation that included the following:
- Purpose
- A-frame Signs Description
- Current Standards
- Proposed Standards
- Language in General Plan
- Summary
Questions/concerns raised by Commission and addressed by staff:
- Text specifically states cannot face public roads, what is the logic for that?
- Has issue with "oriented" language regarding public-facing A-frames
- We should give every opportunity to businesses
- Clarify intrusiveness
- Clarify what "in the shopping center" means
- Clarify the "four-foot walkway"
- How does this affect residential areas close to shopping areas?
- How many businesses does the current code affect?
- How was the twenty feet determined?
- Does this solve the issue or is this a temporary solution?
- Could we keep Code as is and have businesses ask for exceptions?
Chair Hurt opened the public hearing.
Dave Perry, Oro Valley Chamber of Commerce and Oro Valley resident, spoke
in support of the Zoning Code amendment to A-frames and outdoor displays signs.
Question raised by the Commission:
- Are there provisions for businesses to protect their areas?
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Cox and seconded by Commissioner
Hitt to recommend approval of the Zoning Code Amendment in Attachment 1 related to
A-frame signs, based on the finding that the request meets the intent of the general plan
concerning signage.
Additional concerns raised by the Commission:
- The clustering of signs as a visible intrusion
- Feels this directly conflicts with general plan
- A-frames are designed for pedestrian traffic
MOTION carried, 4-2 with Vice Chair Barrett and Commissioner Swope opposed.
4. PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION ON A ZONING
CODE TEXT AMENDMENT RELATED TO OUTDOOR DISPLAYS (OV1701947)
Senior Planning Technician Patty Hayes gave a presentation that included the following:
- Outdoor Displays
- Current Standards
- Proposed Standards
- General Plan
- Summary
Question/concerns raised by the Commission and addressed by staff:
- Clarification on access area with new change
- Clarification on measurement standards
Chair Hurt opened the public hearing.
Dave Perry, Oro Valley Chamber of Commerce and Oro Valley resident spoke in
support for this item. It provides good viable opportunities for businesses.
Chair Hurt closed the public hearing.
MOTION: A motion was made by Commissioner Hitt and seconded by Commissioner
Cox to recommend approval of the Zoning Code Amendment in Attachment 1 related to
Outdoor Displays, based on the finding that the request meets the intent of the g eneral
plan to support businesses.
MOTION carried, 6-0.
5. DISCUSSION ONLY: ORO VALLEY MAIN STREETS PROJECT UPDATE AND
POTENTIAL USE OF FORM-BASED CODE
Planning and Zoning Administrator Bayer Vella asked that this item be continued to the
October 25, 2017 special session meeting.
PLANNING UPDATE (INFORMATIONAL ONLY)
Planning and Zoning Administrator Bayer Vella gave a Planning Update that included
information on the following:
- Two upcoming neighborhood meetings
- Final Conceptual Design Review Board meeting is the following week
- Seven (7) cases on agenda for the October 3, 2017 Planning and Zoning Commission
meeting at Icagen, Inc. No votes will be taken; items will be discussion only
- Second meeting in October for the Planning and Zoning Commission on October 25
- Community Academy will start on October 12
ADJOURNMENT
Chair Hurt adjourned the meeting at 6:58 p.m.