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AGENDA
ORO VALLEY TOWN COUNCIL
STUDY SESSION AND REGULAR SESSION
February 7, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAÑADA DRIVE
STUDY SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
ROLL CALL
STUDY SESSION AGENDA
1. Presentation by the Town Manager and Rob DeMore, President of Troon, and possible discussion by
the Mayor and Council regarding the future of the Community Center and golf courses (Blue Speaker
Cards will be taken on this item)
ADJOURNMENT
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
ROLL CALL
EXECUTIVE SESSION - Pursuant to ARS 38-431.03(A)(1) Personnel matters - Police Chief Daniel G. Sharp's
annual performance review
RESUME REGULAR SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
UPCOMING MEETING ANNOUNCEMENTS
COUNCIL REPORTS
DEPARTMENT REPORTS
The Mayor and Council may consider and/or take action on the items listed below:
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
CONSENT AGENDA
(Consideration and/or possible action)
A. Minutes - January 11 and January 17, 2018
B. Cancellation of the February 21, 2018 regular Town Council meeting
C. Appointments to the Parks and Recreation Advisory Board (PRAB)
D. Resolution No. (R)18-03, adopting the Oro Valley Transit Services Division Title VI Plan Update
E. Resolution No. (R)18-04, affirming that, with regard to the approximate 934 acres of State Land in
Section 5 of T12S, R13E, and Section 32 of T11S, R13E, the Town intends to pursue annexation and
does not have, nor does it intend to adopt, regulations requiring the fencing of open range livestock
grazing or prohibiting mining on state land annexed into the Town
F. Resolution No. (R)18-05, authorizing and approving a subgrantee agreement between the Town of Oro
Valley and the Arizona Department of Homeland Security to fund overtime and mileage under the
Operation Stonegarden program
G. Greater Oro Valley Chamber of Commerce Quarterly Report: October 1, 2017 - December 31, 2017
H. Visit Tucson Quarterly Report: October 1, 2017 - December 31, 2017
REGULAR AGENDA
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: 1/31/18 at 5:00 p.m. by pp
When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior
to the Council meeting in the office of the Town Clerk between the hours of 8:00 a.m. – 5:00p.m.
The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs
any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Council meeting at
229-4700.
INSTRUCTIONS TO SPEAKERS
Members of the public have the right to speak during any posted public hearing. However, those items not
listed as a public hearing are for consideration and action by the Town Council during the course of their
business meeting. Members of the public may be allowed to speak on these topics at the discretion of the
Chair.
If you wish to address the Town Council on any item(s) on this agenda, please complete a speaker card located on
the Agenda table at the back of the room and give it to the Town Clerk. Please indicate on the speaker card
which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience”,
please specify what you wish to discuss when completing the blue speaker card.
Please step forward to the podium when the Mayor announces the item(s) on the agenda which you are interested
in addressing.
1. For the record, please state your name and whether or not you are a Town resident.
2. Speak only on the issue currently being discussed by Council. Please organize your speech, you will only be
allowed to address the Council once regarding the topic being discussed.
3. Please limit your comments to 3 minutes.
4. During “Call to Audience” you may address the Council on any issue you wish.
5. Any member of the public speaking must speak in a courteous and respectful manner to those present.
Thank you for your cooperation.
Town Council Regular Session Item # 1.
Meeting Date:02/07/2018
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Presentation by the Town Manager and Rob DeMore, President of Troon, and possible
discussion by the Mayor and Council regarding the future of the Community Center and
golf courses (Blue Speaker Cards will be taken on this item)
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
N/A
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
N/A
Attachments
Memo
Memorandum
TO: Mayor and Town Council
FROM: Mary Jacobs, Town Manager
SUBJECT: Community Center and Golf Operations
Date: February 2, 2018
During these first few months of my tenure with the Town of Oro Valley, I have prioritized the
evaluation of the operational status, future plans, and potential opportunities for the Oro Valley
Community Center, an operation that includes the associated golf, restaurant and tennis
functions. This memo is being provided to you in advance of your February 7, 2018 Study
Session on this issue where I will be presenting the findings included in this memo, joined by
Rob DeMore, President of Troon. This memo outlines the evaluation process undertaken by the
Town/Troon team, conclusions drawn, and expected outcomes.
INTRODUCTION
Like other municipal recreational facilities such as parks, ballfields, multi-use paths and pools,
the Community Center operations rely on community investments through general fund
revenues to sustain its operations. The Town Council has dedicated $.005 of its $.025 sales tax
specifically to this operation. While the fund required additional investments in its first two fiscal
years under Town ownership, it is on target to stay within budget this fiscal year. The
Community Center Fund makes up less than 6% of the Town’s overall annual budget.
When the Community Center was acquired in 2015, Town Council appropriated $1.2 million
from the General Fund to support operations in its first year. In FY 2015/16, the Community
Center Fund saw investment of $2 million in dedicated half-cent sales taxes, but still ended the
year with expenses exceeding revenues by $863,000. For FY 2016/17, the dedicated sales tax
revenues totaled $2.2 million, but the fund ended the year with expenses exceeding revenues
by just over $600,000. The Town Council approved an additional $350,000 from the General
Fund into the Community Center Fund, resulting in expenses exceeding revenues by $250,000.
For the current FY 2017/18, an estimated $2.3 million in dedicated sales taxes will be invested
in the fund, and revenues and expenses are trending to meet budget.
Working collaboratively with the Town’s team and local and national representatives of Troon, a
set of overarching goals/givens were developed to guide our analysis and subsequent
conclusions regarding the Community Center and its operations:
Memo to Council
Page 2 of 7
The voter-approved Your Voice, Our Future general plan and Town Council strategic
plan provide the guiding principles and overarching direction on the future use and
opportunities for the facility.
The Community Center’s primary goal is to provide residents with access to a variety of
programs and amenities, and changes to the facilities should maximize opportunities to
expand offerings to Oro Valley residents and increase usage.
Investments in the Community Center’s capital facilities should provide the maximum
potential to increase revenues while minimizing capital investments.
Changes to the golf courses should maximize opportunities to reduce water
consumption and model environmental stewardship.
The Community Center operations will continue to have the goal of funding all direct
operational costs through a combination of usage revenues plus the investment of the
$.005 transaction privilege sales tax funds, striving to free up fund revenues for capital
maintenance or other improvements in the future.
Residents adjacent to the golf courses, as well as the Hilton El Conquistador Resort, are
directly impacted by the usage of the property, and any changes to the properties should
take their concerns into consideration.
The team analyzed usage and operation trends, including financial performance; conducted
site/facility visits; and reviewed local and national market data. We also digested the report and
recommendations prepared by the Town’s Consultant in mid-2017. The Town also issued a
Request for Information (RFI) to evaluate potential privatization of the Overlook Restaurant. In
addition, the team reviewed initial assumptions and contractual language regarding the
purchase of the operation, as well as public comments from previous Council meetings. Finally,
I invited adjacent homeowners and golf members to share their thoughts and concerns
regarding the Consultant’s recommendations with me directly.
NOTABLE TRENDS
In less than three years of Town ownership and operation, the overall Community Center Fund
financial performance has improved substantially. In year one, expenses exceeded revenues
by $863,000; in year two it improved, with expenses exceeding revenues by $600,000, and the
current fiscal year is trending to match revenues with expenses.
Total fitness memberships have increased nearly 30% since November 2015, from 850 to 1,202
members. Data from those who scan in with a keychain fob to use the facility demonstrates an
increase usage of about 6,900 per month to an average of 8,280 for the last quarter of 2017, a
17% increase in two years. Classic fitness members are provided with access to the indoor
facilities as well as the pool and the La Cañada tennis courts. Premium membership, which
includes access to the Pusch Ridge tennis courts, has remained steady at 340-350 per month.
Non-member, outside golf rounds totaled approximately 23,000 for both FY 2015/16 and FY
2016/17; however, rounds from July through November 2017 are up by 25% from the same
timeframe last fiscal year (7,929 vs 6,326). Total non-member rounds for FY 2017/18 are
estimated to reach at least 25,000, or nearly half of the total rounds played. Total golf rounds in
FY 2015/16 were 52,010 and dipped to 47,116 in FY 2016/17. But rounds are projected to
exceed 52,000 this fiscal year. Total rounds year-to-date from July through November 2017 are
up by 26% from the same timeframe last fiscal year (18,211 vs. 14,476) primarily driven by the
increase in outside day play.
Memo to Council
Page 3 of 7
COMMUNITY CENTER
Since taking over full operational control of the Community Center in mid-2015, the Town has
been able to add a variety of programs and amenities to the Oro Valley community. In the
fitness realm, the facility is quickly approaching capacity in utilization of its highly popular fitness
classes. As noted above, fitness memberships and usage of the facility have increased 30%
and 17% respectively. In addition, the Community Center has allowed for expanded summer
camps for children, camps that were previously outdoor only-in less than optimal conditions.
Since July 1, 2015, there have been 2,849 various Parks and Recreation camp participants
utilizing the Community Center. BASIS Oro Valley uses the facility for student physical fitness,
accommodating about 15 students per day throughout the school year. The Town has been
able to serve as host of the Parkinson’s Wellness Recovery gym (PKR!), a world leader in
Parkinson’s wellness. Community programs such as the annual Spooktactular drew 2,600
costumed participants since starting the event in 2015, and movie nights have allowed more
than 1,500 family members to watch movies on the driving range.
The Community Center offers excellent tennis opportunities for residents and visitors. The
facilities are well utilized by classic fitness members as well as the premium members. The
Town has continued to invest in maintaining and improving the playing surfaces at both
locations, and the Town has hosted numerous USTA championships, the very prestigious
Tennis Congress, and other tournaments in the nearly three years since taking ownership.
These tournaments are consistent with the Town’s efforts to be a leader in sports tourism, as
participants stay at area hotels and remain in Oro Valley for several days.
The Overlook Restaurant has continued to provide food and beverage services to the general
public as well as anyone utilizing golf and other amenities. The restaurant space has also
served as a gathering place for a variety of small community groups. In addition, the restaurant
is able to cater various private events booked at the facility, such as corporate gatherings and
weddings, both indoor and outdoor; however, even with expanded dining events at the
Overlook, the restaurant does not fully cover its cost of operation and is expected to spend
$100,000 more than it collected in revenues in the current fiscal year. A publicly issued RFI for
the restaurant operation did not result in any proposals being submitted by the stated deadline.
Anecdotal input from interested parties who attended meetings and/or site visits with the
Procurement Administrator indicated that there were concerns regarding the location, available
parking, facility conditions, and competition.
Conclusions:
The Overlook Restaurant is no longer a viable model for what is now a public facility.
The food and beverage operations should be relocated downstairs, and the former
restaurant/kitchen space repurposed to expand available space for Community
Center operations. The majority of fitness operations can be relocated upstairs,
more than doubling the space for fitness equipment and exercise classrooms. The
downstairs space can then be reconfigured to provide better multi-purpose space for
community groups. The reconfiguration would also change the public access point
to the northwest entrance, improving the handicap accessibility of the facility. This
change will demonstrate progress toward optimal ADA functionality until the Town is
able to fund the installation of the elevator.
The smaller Garden Café restaurant downstairs should be reconfigured to function
as an open kitchen model bar and grill, serving a more limited menu. This decreases
food and personnel costs, and still provides the facilities required to serve golfers,
host golf tournaments, support other Community Center users, and support special
Memo to Council
Page 4 of 7
arts and cultural events. Depending on staff availability and menu chosen, external
groups who book the facility for private functions could choose their own food
caterer, leaving the more profitable alcohol sales to the facility. Troon has evaluated
this approach, and preliminary projections indicate that the smaller restaurant
operation should lead to that function covering all of its costs within a few years.
The reconfiguration of the downstairs bar and grill should also include interim
adjustments/investments in the outdoor performance/gathering space that would
enable the Town to enhance programming opportunities for community events, and
broaden the facility’s reach to residents.
The small pool in the northeast corner of the facility should be eliminated and the
space left open for programming as well as private event rental opportunities.
GOLF COURSES
The Town and Troon team spent a considerable amount of time evaluating the
recommendations and associated investments specified by the Consultant for the three golf
courses: Conquistador, Cañada and Pusch Ridge. The Consultant Report outlined a few main
options for the Town to consider in regard to the courses:
Option A: 36-hole reconfiguration of the Conquistador & Cañada courses
Option B: 27-hole reconfiguration of the Conquistador & Cañada courses
Option C: 18-hole reconfiguration of the Conquistador & Cañada courses
Pusch Ridge options: “Dirty Dozen” 12-hole Par-3 reconfiguration or repurpose
Upon further review of the analysis by Troon and the Consultant Report, the golf course lacks a
natural 27 holes that would easily consolidate in such a configuration, requiring significant
investment that is better dedicated to enhancing the Community Center building, rather than
abandoning golf holes. Furthermore, both the Consultant and Troon concur that reconfiguring to
27 golf holes will lead to a significant reduction in membership levels, thereby muting the
growth/revenue increases seen in daily fee play. Maintaining 36 holes provides the needed
market differentiation to support community, tourism, and membership play. Each of these
market segments is critical for economic sustainability.
As a result of consistent investment in the golf courses, day play rounds at the Oro Valley
courses have increased 25% since last year, and most long-time members indicate that the
courses haven’t been in this good of shape for more than 15 years. Having two, 18-hole
courses in one location provides a competitive opportunity for Oro Valley to increase its
utilization, particularly as the Arizona golf community learns about the excellent conditions and
marketing is improved. In addition, the recent opening of the Top Golf facility in Marana opens
the door to tap into a new market of golfers in the region. This includes those new to the sport,
as well as youth and families.
Within the local market, the Conquistador/Cañada courses are the only public course in Oro
Valley with 36 holes. In the Tucson region, only the Randolph courses, operated by the City of
Tucson, offer two full, 18-hole, municipally owned public courses (Ventana Canyon and The
Gallery are privately held, semi-private facilities). Financially, it is the only City of Tucson
course that runs in the black, with a reported net profit of $924,109 in FY2017. While there are
certainly differences in the two courses and their proximity to rooftops, Randolph had over
100,000 rounds of golf played on its two courses in 2016 compared to a projected 52,000 for the
Town’s courses. The course also follows a similar membership/day play model as the Town’s.
The increases in day play have corresponded with the improvements in course conditions as
Memo to Council
Page 5 of 7
well as a refinement of Troon’s marketing strategy. Oro Valley’s courses have significant
capacity for additional play, as well as a superior experience and view.
The Consultant recommended some course reconfigurations if the Town kept the 36 holes at
the Community Center location. The team evaluated the additional capital investments required
to make those reconfigurations, and Troon also obtained input from its experienced in-house
golf course engineer/architect. The team concluded that the additional estimated $1 million
required to reconfigure some of the holes would have a limited or no advantage in attracting
additional play, and would be better invested in the Community Center as noted above.
The 9-hole Pusch Ridge course operates as a satellite course, utilizing a portion of maintenance
staff located at the Community Center. There is a league that plays the course weekly, with the
remaining course play consisting of resort guests, a few adjacent residents, and outside players
interested in experiencing a shorter course. The number of rounds played at the course have
been stagnant or decreased when compared year over year during the high season. Although
the Pusch Ridge 9-hole golf course was designed as a short executive course intended to
attract beginner golfers and those seeking a unique 9-hole experience, the design and historical
data led both Troon and the Consultant to strongly suggest the current offering at Pusch Ridge
is not meeting those goals. The good news is that the El Conquistador course does have a
natural 8-hole configuration (holes 1-8) that could provide the Town with a better short-course
product to market to beginners, families and newcomers to golf.
Other challenges include that Pusch Ridge is the only golf course on potable water. Although
the Town has reduced its operating costs by reducing its water use since operating the facility
(namely by closing the course and limiting watering during the hot summer season, a season
that traditionally did not yield a large number of golfers) and cross utilizing the tennis staff to
check-in Pusch Ridge golfers, both Troon and the Consultants see economic opportunity to
improve the fund’s financial position if the Town elects to reduce its golf offerings to 36 holes
year round.
Both the Consultant and Troon agree that the irrigation systems in all three courses are 25-30
years old and at or past their useful life, and the initial financial model included replacement of
the systems in year three of the Town’s ownership. The irrigation is inefficient, costly to
maintain, and likely leaking significantly. Currently, water costs approximately $1 million
annually, or about 15% of the total Community Center Fund budget.
Conclusions:
The Town should retain both the El Conquistador and La Cañada courses in
generally their existing configurations and invest in upgrading the irrigation
infrastructure. In designing the new irrigation, turf reduction should be maximized as
much as possible and implemented at the project’s construction. The new irrigation
system should maximize flexibility and water conservation.
The Town should concentrate its golf marketing, investment and operational focus on
the two 18-hole courses and cease operating the satellite Pusch Ridge course,
exploring the opportunity to transition operation of the course to the Hilton El
Conquistador Resort in accordance with the purchase agreement. If not feasible, the
Town will develop a plan in partnership with owners HSL, the Resort, and with input
of the adjacent HOA for alternate uses that meet the provisions of the agreement.
Until such plan is finalized, the Town should continue to operate golf at Pusch Ridge
at the same level of service.
Memo to Council
Page 6 of 7
CAPITAL INVESTMENTS REQUIRED
To date, the Town has invested $1 million to purchase the Community Center and the 324 acres
of property constituting the three golf courses. An additional $2.7 million in capital funds were
invested to update the Overlook Restaurant and Sunset Room; replace a pump station; replace
HVAC units and other energy efficiency projects; perform roof repairs; resurface the tennis
courts; complete the fitness lobby renovation; and replace other equipment/flooring. Additional
operating capital for regular maintenance is included within the Community Center Fund, such
as costs for equipment replacements and cart path repairs.
The following table summarizes the estimated additional capital investments outlined in this
memo:
Project Est. Cost
Community Center Renovations and
Reconfiguration
$900,000 -
$1,200,000
Eliminate Small Pool $20,000
Irrigation Upgrades/Turf Reduction –
Conquistador Course $1,900,000
Irrigation Upgrades/Turf Reduction – Cañada
Course $1,900,000
Total Investment $4.7-5 million
EXPECTED OUTCOMES
Investing in the capital improvements outlined in this memo will position both the Community
Center and the El Conquistador and La Cañada courses for revenue increases, expenditure
savings and program enhancements over the next few years, including:
An expected reduction in water use of 15-20%, estimated at $150,000 in cost
savings annually (based on current rates) upon complete replacement of both
irrigation systems and a strategic turf reduction plan implemented.
An expected 15-20% increase in fitness memberships, with a corresponding
estimated revenue increase of $42,000 - $56,000 annually after two years.
An expected 8-10% increase in the number of rounds of golf played at the El
Conquistador and La Cañada courses, with an anticipated revenue increase of
$100,000 annually.
An expected annual savings of $33,000 in costs associated with the small pool
removal.
An expected annual savings of between $75,000 and $160,000 at the Pusch Ridge
course, depending on the final solution.
Opportunities to expand programming for underserved residents, including seniors
and youth.
Opportunities to enhance arts and cultural programs.
Opportunities to increase fees and memberships as facilities/courses are improved.
It is reasonable to project that the fund would see $400,000 in savings or revenue increases
within two years following full implementation of the capital improvements and closure of
operations at Pusch Ridge.
Memo to Council
Page 7 of 7
FINAL THOUGHTS AND NEXT STEPS
Working with Troon, a number of operational efficiencies and improvements have already been
implemented, and more are in the works for the upcoming fiscal year. A plan is already in place
to reduce turf by approximately 13 acres for the Conquistador and Cañada courses, work that
can occur before the irrigation is upgraded, resulting in a projected water savings of $25,000 -
$30,000 annually. The tennis facilities are very popular and well utilized, and the Town and
Troon are in the process of implementing additional operational and cost-saving initiatives to
make that cost center more efficient.
It is my professional opinion that pre-purchase financial/operational projections were overly
optimistic in suggesting that initial needed capital investments in the aging facility and golf
courses could be paid from the Community Center Fund. The financial model was overly reliant
on a projected increase in membership, something that did not transpire as expected. While on
track for a balanced fund this fiscal year, the condition of the facility and courses at the time of
its purchase by the Town necessitates further immediate investment in order to get the
operations at a point where they can be sustainable within the fund. This is very much a
chicken-and-egg scenario. Without the improvements, expense reductions are limited and
revenue increases cannot be maximized. With the improvements, I believe that the fund WILL
be able to fund subsequent capital investments and enhancements in the future.
It is settled Council policy that the Town now owns and operates the Community Center and its
golf and tennis operations. Like our other community and recreational amenities and
infrastructure, it is incumbent upon the Town to operate in the most efficient way possible, while
providing the most opportunities to our residents to take advantage of this facility and maintain
our exceptional quality of life.
Following Town Council’s discussion at the Study Session on February 7, I will develop a final
plan and funding strategy consistent with your dialogue that will then be included in my
FY2018/19 recommended budget for your consideration.
Town Council Regular Session Item # A.
Meeting Date:02/07/2018
Requested by: Mike Standish Submitted By:Michelle Stine, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Minutes - January 11 and January 17, 2018
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 January 11 and January
17, 2018 minutes.
Attachments
1-11-18 Draft Minutes
1-17-18 Draft Minutes
1/11/18 Minutes, Oro Valley and Marana Joint Study Session 1
MINUTES
JOINT ORO VALLEY/MARANA TOWN COUNCIL
STUDY SESSION
JANUARY 11, 2018
HILTON EL CONQUISTADOR RESORT
10000 N. ORACLE ROAD
JOSHUA TREE ROOM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 11:34 a.m.
Mayor Hiremath re-organized the agenda as follows: Welcome/Lunch will be first with
the remaining items following in order.
ROLL CALL
Oro Valley
Present:Satish Hiremath, Mayor
Lou Waters, Vice Mayor
Joe Hornat, Councilmember
Rhonda Piña, Councilmember
Bill Rodman, Councilmember
Mary Snider, Councilmember
Steve Solomon, Councilmember
Marana
Present:Ed Honea, Mayor
Jon Post, Vice Mayor
Dave Bowen, Councilmember
Herb Kai, Councilmember
Roxanne Ziegler, Councilmember
Absent:Patti Comerford, Councilmember
Carol McGorray, Councilmember
PLEDGE OF ALLEGIANCE
Mayor Hiremath led the meeting in the Pledge of Allegiance.
APPROVAL OF AGENDA
MOTION: A motion was made by Mayor Hiremath and seconded by Councilmember
Snider to approve the agenda as posted.
MOTION carried unanimously.
1/11/18 Minutes, Oro Valley and Marana Joint Study Session 2
JOINT STUDY SESSION AGENDA
1. INTRODUCTIONS
Mayor Hiremath and Mayor Honea welcomed everyone to the Oro Valley/Marana joint
study session and spoke about the great relationship and commonalities between the
Marana and Oro Valley communities.
Mayor Hiremath asked that each meeting participant introduce themselves before
moving on to the presentations.
2. PRESENTATION, UPDATE AND DISCUSSION REGARDING THE TANGERINE
ROAD/LA CHOLLA BLVD. PROJECTS
Town of Marana, Town Engineer Keith Brann and Town of Oro Valley Community
Development and Public Works Director Paul Keesler presented item #2 and outlined
the following:
- RTA Partnership Projects
- Tangerine Road RTA Ballot Project #1, periods 2,3,4
- La Cholla Blvd RTA Ballot project #4, periods 2,4
Mr. Brann presented the following information on the Tangerine Road Project:
- Tangerine Road Project Overview
- Tangerine Road Enhancements
- Tangerine Road Status
Discussion ensued amongst Councils and staff regarding item #2.
Mr. Keesler presented the following information on the La Cholla Boulevard Project:
- Phase 1 – Pima County Lead
- Phase 2 – Oro Valley Lead
- Phase 2 – Overview
- Project Schedule
- Public Information
Discussion continued amongst Councils and staff regarding item #2.
Mr. Brann suggested that a joint ribbon cutting for the Tangerine Road Project be held
by the Town of Marana and the Town of Oro Valley sometime in early Fall 2018.
3. PRESENTATION, UPDATE AND DISCUSSION REGARDING POSSIBLE
ECONOMIC DEVELOPMENT/TOURISM OPPORTUNITIES BETWEEN THE
TOWNS OF ORO VALLEY AND MARANA
Marana Economic Development & Tourism Director Curt Woody and Oro Valley
Assistant Town Manager Chris Cornelison presented item #3 and outlined the following:
1/11/18 Minutes, Oro Valley and Marana Joint Study Session 3
- Economic Development Activity – Marana
- Economic Development Activity – Oro Valley
- Partnership Opportunities
Both Mr. Woody and Mr. Cornelison highlighted each community’s unique strengths and
shared similarities and emphasized the need to identify future partnership opportunities
to further strengthen the northwest region’s economic development.
Discussion ensued amongst Councils and staff regarding economic development and
tourism.
A suggestion was made by the Councils that staff work together to expand current
marketing tools in order to showcase recreation and dining establishments in both
communities.
Discussion continued amongst Councils and staff regarding economic development and
tourism.
4. DISCUSSION OF CURRENT AND UPCOMING LEGISLATIVE ISSUES
Marana Assistant to the Town Manager Tony Hunter and Oro Valley Assistant Town
Manager Chris Cornelison reported to the Councils that they would be working with the
Arizona League of Cities and Towns actively monitoring bills that would adversely
impact municipalities such as Construction Sales Tax, Community Facilities Districts
and Transaction Privilege Tax.
.
Discussion ensued amongst Councils and staff regarding current and upcoming
legislative issues.
Closing remarks were made by various Council and staff members.
MOTION: a motion was made by Oro Valley Vice Mayor Waters to adjourn the meeting
at 1:52 p.m., seconded by Marana Councilmember Bowen.
MOTION carried unanimously
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 joint study session of the Town of Marana and the Town of Oro Valley held on the
11th day of January 2018. I further certify that the meeting was duly called and held and
that a quorum was present.
1/11/18 Minutes, Oro Valley and Marana Joint Study Session 4
Dated this _____ day of __________________, 2018
________________________
Michelle Stine, CMC
Deputy Town Clerk
1/17/18 Minutes, Town Council Study / Regular Session 1
MINUTES
ORO VALLEY TOWN COUNCIL
STUDY / REGULAR SESSION
January 17, 2018
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CANADA DRIVE
STUDY SESSION AT OR AFTER 4:00 PM
CALL TO ORDER
Mayor Hiremath called the meeting to order at 4:00 PM
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 (attended via phone)
STUDY SESSION AGENDA
1.Presentation and discussion regarding the Town’s Main Streets project and
economic and development issues
Planning Manager Bayer Vella presented item #1 and included the following:
- Oro Valley's Future
- Economic Development, Main Streets and Housing
- Market Study
- Lessons Learned
- Future Decisions
- Takeaways
- Looking to the Future
- Purpose
- Young Professionals
- Looking to the Future
Long Range Principal Planner Elisa Hamblin continued the presentation and included
the following;
- Oro Valley Main Streets
1/17/18 Minutes, Town Council Study / Regular Session 2
- Location Characteristics
- Opportunity Exists
- Thinking Ahead
Principal at the Real Estate Consulting Group Lucinda Smedley continued the
presentation regarding the Town's Main Streets project and economic development
issues and presented the following:
- Main Streets Market Study
- Community Vitality
- Oro Valley Growth
- Comparison Areas
- The Residential Market
- Oro Valley Residential Activity
- The Residential Market
- The Office Market
- The Retail Market
- Key Findings
Ms. Hamblin concluded the presentation of item #1 with the following case studies:
- Rancho Vistoso
- OV Marketplace
- Oracle Corridor
- Lessons Learned
- Takeaway #1
- La Cholla Corridor
- Innovation Park and Office Areas
- Economics of Residential and Retail
- Future Decisions
- Takeaway #2
- Summary
Discussion ensued amongst Council and staff regarding the Town's Main Streets project
and economic and development issues.
ADJOURNMENT
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to adjourn the study session at 5:08 p.m.
MOTION carried, 7-0.
REGULAR SESSION AT OR AFTER 6:00 PM
CALL TO ORDER
1/17/18 Minutes, Town Council Study / Regular Session 3
Mayor Hiremath called the meeting to order at 6:00 PM
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 (attended via phone)
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 Lou Waters gave an update on the Naranja Drive safety improvement
project.
Councilmember Mary Snider recognized Logan Melonis, a fifth grade student from
Innovation Academy, for being a shining example of innovation in learning, problem
solving and working with others.
DEPARTMENT REPORTS
No reports were received.
ORDER OF BUSINESS
Mayor Hiremath reviewed the order of business and stated that the order would stand
as posted.
INFORMATIONAL ITEMS
There were no informational items.
CALL TO AUDIENCE
No comments were received.
1/17/18 Minutes, Town Council Study / Regular Session 4
PRESENTATIONS
1.Presentation -Youth Art Program by the Arts and Culture Ambassadors
Oro Valley Arts and Cultural Ambassador Sasha Case introduced the pieces of artwork
on display in the Council Chambers which were created by students from Basis Oro
Valley, Casas Christian School and Innovation Academy K-5 STEM School.
2.Presentation - Special recognition of Oro Valley Lifeguard Paula Redman and
Tennis Pro Carlos Bermudez for their successful lifesaving efforts on December
11, 2017
Kristy Diaz-Trahan gave an overview of the events that occurred on December 11,
2017.
Golder Ranch Fire District Deputy Chief Grant Cesarek presented a Challenge Coin and
Certificate of Recognition to Paula Redman for her successful lifesaving efforts on
December 11, 2017. Mr. Bermudez was not able to attend.
Mayor Hiremath also presented Ms. Redman with a Certificate of Appreciation for her
successful lifesaving efforts.
CONSENT AGENDA
A.Minutes -December 6, 2017
B.Fiscal Year 2017/18 Financial Update through November 2017
C.Approval to change the May 17, 2018 Town Council regular meeting to May 16,
2018
D.(Re)appointments to various boards and commissions: Board of Adjustment
(BOA), Historic Preservation Commission (HPC), Planning and Zoning
Commission and Stormwater Utility Commission (SWUC)
E.Request for approval of a Final Plat for the Rancho Vistoso Parcel 10J residential
subdivision, located on the northwest corner of Rancho Vistoso Boulevard and
Vistoso Highlands Drive
F.Resolution No. (R)18-02, approving the Town's annual Legislative Agenda,
protocols guiding the Town’s priorities for the 2018 legislative session and any
lobbying activities
G.Approval of Conceptual Public Art for the Veterans and First Responders Living
Memorial located at Naranja Park
1/17/18 Minutes, Town Council Study / Regular Session 5
H.Approval of the Final Design for the Veterans and First Responders Living
Memorial located at Naranja Park
I.Approval for the Town Manager to enter into an Operating and Maintenance
Agreement with the Veterans and First Responders, LLC
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Snider to approve Consent Agenda items (A - I).
MOTION carried, 7-0.
REGULAR AGENDA
1.PRESENTATION AND ACCEPTANCE OF THE TOWN’S ANNUAL FINANCIAL
AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2017
Finance Director Stacey Lemos presented the Town's Annual Financial Audit for fiscal
year ending June 30, 2017 and introduced Corey Arvizu, Managing Partner with
Heinfeld, Meech & Company.
Mr. Arvizu gave an overview of the Town's Annual Financial Audit for fiscal year ending
June 30, 2017.
MOTION:A motion was made by Councilmember Snider and seconded by
Councilmember Piña to accept the Town's financial audit for the fiscal year ending June
30, 2017.
MOTION carried, 7-0.
2.ADOPTING REGULATIONS AND A LICENSING FRAMEWORK FOR SMALL
CELL WIRELESS FACILITIES IN ORDER FOR THE TOWN OF ORO VALLEY
TO BE IN COMPLIANCE WITH THE LAWS ADOPTED UNDER HB 2365 BY
FEBRUARY 9, 2018
a. RESOLUTION NO. (R)18-01, DECLARING THE PROPOSED REGULATIONS
AND LICENSING FRAMEWORK FOR SMALL CELL WIRELESS FACILITIES,
PROVIDED IN EXHIBIT "A" WITHIN THE ATTACHED RESOLUTION AND
FILED WITH THE TOWN CLERK, A PUBLIC RECORD
b. PUBLIC HEARING: ORDINANCE NO. (O)18-01, ADOPTING REGULATIONS
AND A LICENSING FRAMEWORK FOR SMALL CELL WIRELESS FACILITIES
BY REFERENCE
MOTION:A motion was made by Councilmember Rodman and seconded by
Councilmember Snider to approve Resolution No. (R)18-01, declaring the proposed
1/17/18 Minutes, Town Council Study / Regular Session 6
regulations and licensing framework for small cell wireless facilities, provided in Exhibit
"A" within the attached resolution and filed with the Town Clerk, a public record.
MOTION carried, 7-0.
Chief Civil Deputy Town Attorney Joe Andrews presented item #2b.
Discussion ensued amongst Council and staff regarding adopting regulations and a
licensing framework for small cell wireless facilities by reference.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Councilmember Rodman and seconded by
Councilmember Hornat to approve Ordinance No. (O)18-01, adopting regulations and a
licensing framework in order for the Town of Oro Valley to be in compliance with the
laws adopted under HB 2365 by February 9, 2018, as adopted by reference.
MOTION carried, 7-0.
Council recognized the wrong ordinance number was stated in the motion for item #2b.
Motion was corrected and carried 7-0.
3.PUBLIC HEARING: ORDINANCE NO. (O)18 -02, AMENDING CHAPTE RS 25
AND 31 OF THE ORO VALLEY ZONING CODE RELATED TO SMALL CELL
WIRELESS FACILITIES
Planning Manager Bayer Vella presented item #3.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Councilmember Rodman and seconded by
Councilmember Snider to approve Ordinance No. (O)18-02, related to Small Cell
Wireless Facilities, based on the finding that it conforms to State requirements.
MOTION carried, 7-0.
4.PUBLIC HEARING: ORDINANCE NO. (O)18 -04, AMENDING SECTION 22.3.L
OF THE ORO VALLEY ZONING CODE REGARDING THE SUBMITTAL
1/17/18 Minutes, Town Council Study / Regular Session 7
REQUIREMENTS, PROTEST AREA AND IMPACT OF WRITTEN PROTESTS
BY PROPERTY OWNERS FOR REZONING CASES
Planner Milini Simms gave an overview of item #4 and outlined the following:
- Purpose
- Background
- Previous Arizona State Law
- New Arizona State Law
- Summary and Recommendation
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
Discussion ensued amongst Council and staff regarding item #4.
MOTION:A motion was made by Mayor Hiremath and seconded by Councilmember
Hornat to adopt Ordinance No. (O)18-04, related to written protest by property owners,
based on the finding it is in conformance with Arizona state law and subject to the
condition that the language in Exhibit "A" be changed from "one business day" to "five
business days".
MOTION carried, 7-0.
5.PUBLIC HEARING: ORDINANCE NO. (O)18 -03, AMENDING ORO VALLEY
TOWN CODE SECTION 16-1-4 INTOXICANTS AND DISTURBING THE PEACE
IN PARK, TO ALLOW SERVICE AND CONSUMPTION OF ALCOHOL AT
PERMITTED MAJOR SPECIAL EVENTS HELD IN TOWN PARKS
Economic Development Manager Amanda Jacobs presented item #5.
Discussion ensued amongst Council and staff regarding item #5.
Mayor Hiremath opened the public hearing.
No comments were received.
Mayor Hiremath closed the public hearing.
MOTION:A motion was made by Vice Mayor Waters and seconded by Councilmember
Rodman to approve Ordinance No. (O)18-03, amending Oro Valley Town Code, 16-1-4
Intoxicants and Disturbing the Peace in Park, to allow service and consumption of
alcohol at permitted major Special Events held in Town Parks.
1/17/18 Minutes, Town Council Study / Regular Session 8
Discussion continued amongst Council and staff regarding item #5.
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 Councilmember Snider and seconded by
Councilmember Hornat to adjourn the meeting at 7:04 p.m.
MOTION carried, 7-0.
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 study / regular session of the Town of Oro Valley Council of Oro Valley, Arizona
held on the 17
th day of January, 2018. I further certify that the meeting was duly called
and held and that a quorum was present.
Dated this _____ day of ____________________, 2018.
___________________________
Michael Standish, CMC
Town Clerk
Town Council Regular Session Item # B.
Meeting Date:02/07/2018
Submitted By:Mike Standish, Town Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Cancellation of the February 21, 2018 regular Town Council meeting
RECOMMENDATION:
N/A
EXECUTIVE SUMMARY:
At its regular meeting on December 6, 2017, the Council approved the 2018 regular
Town Council meeting schedule, which included a regular meeting scheduled for
February 21, 2018. Currently, there is no business scheduled for the February
21 regular Town Council meeting. In the event that the Town Council would like to cancel
the February 21 regular Town Council meeting, the Town Council must take formal
action.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to cancel the February 21, 2018 regular Town Council meeting.
Attachments
No file(s) attached.
Town Council Regular Session Item # C.
Meeting Date:02/07/2018
Requested by: Mike Standish Submitted By:Michelle Stine, Town
Clerk's Office
Department:Town Clerk's Office
Information
SUBJECT:
Appointments to the Parks and Recreation Advisory Board (PRAB)
RECOMMENDATION:
PRAB has two vacancies. The PRAB selection committee has recommended the
following appointments:
Gary Temple
Philip Saletta
EXECUTIVE SUMMARY:
The selection committee has conducted interviews to fill two (2) vacancies on the PRAB.
PRAB Council Liaison Councilmember Snider, PRAB Chair Adam Wade, and Parks and
Recreation Director Kristy Diaz-Trahan were members of the selection committee. Mr.
Temple and Mr. Saletta are recommended for the vacant seats, and their applications
are attached for review.
BACKGROUND OR DETAILED INFORMATION:
The PRAB was formed to act in an advisory capacity to the Town Council in matters
pertaining to parks and recreation, parks design, open space and trail use (prior to the
review comments being submitted to other boards, commissions or the Council).
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (approve or deny) the appointments of Gary Temple and Philip Saletta to the
Parks and Recreation Advisory Board for terms expiring December 31, 2019.
Attachments
Gary Temple Application
Philip Saletta Application
Submit Date: Nov 24, 2017
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Number of years in Oro Valley (If less than 1 year,
please state number of months)
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
What district do you live in? *
Oro Valley Resident
Which Boards would you like to apply for?
Parks & Recreation Advisory Board: Submitted
Water Utility Commission: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
I am presently on the board for the Catalina Shadows HOA.
Gary D Temple
Oro Valley AZ 85737
2
Home: (520) Mobile: (
Gary D Temple Page 1 of 3
If yes, what year?
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
I have previously served as President of a Florida based HOA community in Sarasota Florida for 3 years
and presently serve on the board of Catalina Shadows HOA. One issue we are currently addressing in
Catalina Shadows is Drainage Management.
Briefly describe your educational/vocational background.
I am a undergraduate and graduate alumnus of Ohio State University's Fisher College of Business where
I majored in Marketing and Supply Chain. I was with Eastman Kodak for 25 years, 15 of which was in the
Far East (Tokyo, Hong Kong and Singapore). I was director of Business Development as well as Supply
Chain. I also was with Occidental Chemical, part of the Occidental Petroleum Company in the
international business development area.
Please describe an issue or project you contributed to which related specifically to
conceptual design?
While in the Far East with Kodak, a strategic directional concept of have a central distribution center for
the entire Far East came to reality in Singapore. It enabled plants in the USA, Europe and Australia to
funnel their production to a singular facility which in turn would redistribute to the markets for each Asian
country. A very successful venture in terms of reducing lead times. We also were the first multinational to
use the newly designed fee trade zone of the port of Singapore.
Listed below are fields of professional experience required for four (4) members of the CDRB
. If you have relevant experience, please check all that apply.
Planning
Development
For each selection you made above, please provide your years of experience and a
generalized description of your professional design background in that area.
My background of 37 years in business development and supply chain required an ability to strategically
plan and ultimately develop concepts that would give the company a sustained strategic advantage over
alternative suppliers.
Have you attended the Community Academy or CPI?
Yes No
Autumn 2017
Gary D Temple Page 2 of 3
Upload a Resume
Please attach any additional documents here
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I Agree *
Gary D Temple Page 3 of 3
Submit Date: Jan 01, 2018
First Name Middle Initial Last Name Suffix
Email Address
Street Address Suite or Apt
City State Postal Code
Number of years in Oro Valley (If less than 1 year,
please state number of months)
Primary Phone Alternate Phone
Town of Oro Valley Boards & Commissions
Profile
What district do you live in? *
Oro Valley Resident
Which Boards would you like to apply for?
Parks & Recreation Advisory Board: Submitted
Interests & Experiences
Please list your volunteer services in Oro Valley and with other organizations including any
boards or commissions on which you have served : (board/commission , civic, educational,
cultural, social, etc.)
My involvement has been with the Water Utility Commission as I was the previous Water Utility Director. I
am interested in the Parks and Recreation Advisory Board and see this as a good fit. I want to contribute
to our community and serve our Town. I enjoy attending Parks functions and the community spirit that the
Parks and Recreation Department programs promote. I am also very familiar with the Community
Academy and have spoken at it on behalf of the Water Utility.
Philip C Saletta
Oro Valley AZ 85737
12
Home: (520) Mobile:
Philip C Saletta Page 1 of 3
How does your previous volunteer service prepare you for the board or commission
appointment for which you have applied? Please describe an issue considered at a meeting
of the Board or Commission for which you are applying.
My experience and familiarity with the Town and its Boards and Commission has given me a good and
thorough understanding of the Town operations. I understand that this is an advisory board for community
participation. I followed and supported the recent bond issue for Naranja Park. Even though the bond
issue did not pass, there is still a need and I would look forward to helping Parks and Recreation to meet
the growing needs of our community. It is important that the Town meet those needs for all age groups in
our community. I strongly believe physical activity is important for our youth, families and seniors in our
community. My wife and I enjoy the facilities that our Parks Department has to encourage recreation
which is part of a healthy community. In addition to physical activity, many community events are also
important. Parks and Recreation has done a great job promoting many events for the Town. The
Community Center has been managed wisely and it will continue to be a valuable asset for our Town.
Briefly describe your educational/vocational background.
Colorado School of Mines - B.S. Geological Engineering - 1978 University of Colorado - MBA in Finance -
1994 My vocational background includes engineering with most of my career in water resources. I have
significant financial experience related to utilities and project analysis and financing. My volunteer
experience includes serving on a YMCA Board and many professional water and engineering
organizations.
Please describe an issue or project you contributed to which related specifically to
conceptual design?
As Water Utility Director, I was familiar with many projects the went through the Planning and Zoning
Department. I signed plats for water adequacy under the State of Arizona Assured Water Supply
Program.
Listed below are fields of professional experience required for four (4) members of the CDRB
. If you have relevant experience, please check all that apply.
Planning
Engineering
Development
Construction
Other Design Background
For each selection you made above, please provide your years of experience and a
generalized description of your professional design background in that area.
Over 30 years of experience in all areas.
Philip C Saletta Page 2 of 3
If yes, what year?
Upload a Resume
Please attach any additional documents here
Have you attended the Community Academy or CPI?
Yes No
If no, are you willing to attend?
Yes No
Please Agree with the Following Statement
I Agree *
I have spoken at Community
Academy for the Water Utility
Philip C Saletta Page 3 of 3
Town Council Regular Session Item # D.
Meeting Date:02/07/2018
Requested by: Jon Hawbaker
Submitted By:Jon Hawbaker, Community Development & Public Works
Department:Community Development & Public Works
Information
SUBJECT:
Resolution No. (R)18-03, adopting the Oro Valley Transit Services Division Title VI Plan
Update
RECOMMENDATION:
Staff recommends approval of Resolution No. (R)18-03, which would allow the Town of
Oro Valley Dial-a-Ride service to remain in compliance with the Federal Transit
Administration (FTA) and Arizona Department of Transportation (ADOT) Title VI
Nondiscrimination requirements.
EXECUTIVE SUMMARY:
Oro Valley Sun Shuttle Dial-a-Ride is a recipient of federal funds and resources and
must comply with Title VI of the Civil Rights Act of 1964, Federal Transit Administration
(FTA) and Arizona Department of Transportation (ADOT) requirements. This update
specifies that Oro Valley Sun Shuttle Dial-a-Ride is subject to and complies with the
regional Title VI nondiscrimination program and complaint process. Compliance with the
regional program is not a change, and this update includes more recent communication
to keep the public informed of Dial-a-Ride services and changes. This update also
includes more recent demographics of Limited English speaking households in the town.
This Oro Valley Transit Services Division Plan repeals and replaces the division Title VI
Policy that was adopted on September 6, 2017.
BACKGROUND OR DETAILED INFORMATION:
Oro Valley Sun Shuttle Dial-a-Ride has applied for federal grants under the FTA 5310
program. ADOT administers this program for Arizona recipients and requires updates
and inclusions in the Oro Valley Transit Services Division Title VI program. This plan
updates the following items:
1. The 2017 complaint/investigation log (there were no complaints/investigations in 2017
or 2018)
2. Updates recent communication to the public on Oro Valley Sun Shuttle service
3. Updates the demographics of Limited English speaking households in the Town
4. Updates the Transit Division Organizational Chart
This plan, if adopted, has been reviewed by ADOT and is certified to meet ADOT’s Civil
Rights Office Title VI requirements. Newly adopted requirements from the state require
the annual approval of the Transit Services Division Title VI and Limited English
Proficiency Plan.
FISCAL IMPACT:
This plan is required by ADOT to ensure our eligibility to receive FTA 5310 grant funding.
The Town is submitting a grant application for a total of $357,000 for the purchase of five
new vehicles, preventative maintenance expenses for disabled passenger accessible
vehicles and driver training. If approved, ADOT would provide $285,600 in funding with
$71,400 required as local match. These projects and associated funding expenditures
are consistent with the FY 2018 approved budget.
SUGGESTED MOTION:
I MOVE to (approve/deny) Resolution No. (R)18-03, authorizing and approving the Town
of Oro Valley Transportation Division Title VI Plan as updated.
Attachments
(R)18-03 Title VI Plan
Title VI Plan - 2018
C:\Windows\TEMP\BCL Technologies\easyPDF 7\@BCL@480FBD8F\@BCL@480FBD8F.doc Town of Oro Valley Attorney’s Office/ca/022510
RESOLUTION NO. (R)18-03
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, ADOPTING THE TOWN OF ORO VALLEY
TRANSIT SERVICES DIVISION TITLE VI PLAN
WHEREAS, Title VI of the Civil Rights Act of 1964 states that no person in the United States
shall be denied benefits or be subjected to discrimination under any program or activity receiving
Federal financial assistance; and
WHEREAS, both the Federal Transportation Administration and Arizona Department of
Transportation require that any entity requesting funds for transit services adopt a Title VI Plan;
and
WHEREAS,although the Title VI Plan is in place in the Transit Services Division, the Plan
requires necessary updates that specify that Oro Valley Sun Shuttle Dial-a-Ride is subject to and
complies with the regional Title VI nondiscrimination program and complaint process; and
WHEREAS, the updated plan will repeal and replace the Title VI policy that was adopted on
September 6, 2017, by Resolution No.: 17-36; and
WHEREAS,it is in the best interest of the Town to adopt the Town of Oro Valley Transit
Services Division Title VI Plan, attached hereto as Exhibit “A” and incorporated herein by this
reference.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro
Valley, Arizona,that:
1. The Town of Oro Valley Transit Services Division Title VI Plan, attached hereto as
Exhibit “A”, is hereby adopted.
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
Resolution are hereby repealed
3. The Mayor and any other administrative officials of the Town of Oro Valley are
hereby authorized to take such steps as are necessary to execute and implement the
terms of the Plan.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7th day of February, 2018
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”
1
Town of Oro Valley
Transit Services Division
Title VI Plan
Adopted: February 7, 2018
2
Contents
Executive Summary ................................................................................................................................ 3
Non Discrimination Policy Statement ..................................................................................................... 4
Notice to the Public ................................................................................................................................ 5
Notice to the Public -Spanish ................................................................................................................. 6
Non Discrimination Complaint Procedures ........................................................................................... 7
Discrimination Complaint Form……………………………..………………………………..……………………………………….9
Discrimination Complaint Form – Spanish………….…..………………………………..……………………………………..11
Discrimination Investigations, Complaints, and Lawsuits .....................................................................13
Public Participation Plan ....................................................................................................................... 14
Limited English Proficiency Plan ........................................................................................................... 17
Non-elected Committees Membership Table ...................................................................................... 21
Monitoring for Subrecipient Title VI Compliance ................................................................................. 22
Title VI Training..................................................................................................................................... 23
Title VI Equity Analysis.......................................................................................................................... 24
Board Approval for the Title VI Program .............................................................................................. 25
Organizational Chart………………………………………………………………………………………………………………………..26
3
Executive Summary
The Town of Oro Valley Sun Shuttle Dial-a-Ride provides regional transportation service to
seniors age 65 and over and disabled passengers that qualify for service under the Americans with
Disabilities Act. This service is provided as part of the Regional Transportation Authority (RTA)
transit system. Funds from 5310 grants are used to obtain vehicles and mobility management
projects. Operational funding is also requested through the 5310 program. The first vehicles
obtained through the 5310 program were in 2009. Oro Valley Dial-a-Ride employs 48 drivers, three
dispatchers, two transit specialists and two reservation agents. Three Transit Crew Leaders
supervise and manage these personnel. These crew leaders are supervised and managed by the
assistant director of the town Community Development and Public Works department. The Oro
Valley/RTA Sun Shuttle Dial-a-Ride service complies with and is subject to the regional Pima
Association of Governments (PAG) Title VI program.
What type of program fund(s) did you apply for?
X 5310
☐ 5311
☐ Other (please explain)
Type of Funding Requests? (Select all that apply)
X Vehicle Funds
X Operating Funds
X Other (please explain) Mobility Management funds for trip scheduling software.
4
Non Discrimination Policy Statement
The Oro Valley/RTA Sun Shuttle Dial-a-Ride policy assures full compliance with Title VI of the
Civil Rights act of 1964, the Restoration Act of 1987, section 504 of the Rehabilitation Act of 1973,
the Americans with Disabilities Act of 1990 (ADA), and related statutes and regulations in all
programs and activities. Title VI states that “no person shall on the grounds of race, color,
national origin, or disability be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination” under any Oro Valley/RTA Sun Shuttle Dial-a-Ride
sponsored program or activity. There is no distinction between the sources of funding.
Oro Valley/RTA Sun Shuttle Dial-a-Ride policy also assures that every effort will be made to
prevent discrimination through the impacts of its programs, policies and activities on minority
and low -income populations. Furthermore Oro Valley/RTA Sun Shuttle Dial-a-Ride policy will take
reasonable steps to provide meaningful access to services for persons with limited English
proficiency.
Oro Valley Sun Shuttle does not distribute Federal-aid funds to another entity/person. The Oro
Valley Mayor has delegated the authority to John Liosatos, RTA/ Pima Association of Government’s
(PAG) Title VI Coordinator, to oversee and implement FTA Title VI requirements.
Dr. Satish I. Hiremath, Mayor
5
Non Discrimination Notice to the Public
Notifying the Public of Rights Under Title VI and ADA
Oro Valley/RTA Sun Shuttle Dial-a-Ride
The Oro Valley/RTA Sun Shuttle Dial-a-Ride operates its programs and services without regard to
race, color, national origin or disability in accordance with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990
(ADA). Any person who believes she or he has been aggrieved by any unlawful discriminatory
practice under Title VI may file a complaint with Oro Valley/RTA Sun Shuttle Dial-a-Ride.
For more information on the Oro Valley/RTA Sun Shuttle Dial-a-Ride’s civil rights program, and the
procedures to file a complaint, John Liosatos, RTA/ Pima Association of Government’s Title VI
Coordinator, (520) 792-1093, email JLiosatos@pagregion.com, or visit our administrative office at
Pima Association of Governments, 1 E. Broadway Blvd, Suite 401, Tucson, AZ 85701. For more
information, visit http://www.pagregion.com .
A complainant may file a complaint directly with the Arizona Department of Transportation (ADOT)
or the Federal Transit Administration (FTA) by filing a complaint directly with the corresponding
offices of Civil Rights: ADOT: ATTN: Title VI Program Manager 206 S. 17TH Ave MD
155A RM: 183 Phoenix AZ, 85007 FTA: ATTN: Title VI Program Coordinator, East Building, 5th
Floor-TCR 1200 New Jersey Ave., SE Washington DC 20590
If information is needed in another language, (520) 792-1093. Para información en Español llame:
John Liosatos, (520) 792-1093.
6
Non Discrimination Notice to the
Public – Spanish
The above notice is posted in the following locations: posted online at
https://www.orovalleyaz.gov and in the transit office. All complaints are sent to The City of
Tucson Sun Tran for investigation and processing. The regionally approved Sun Tran
nondiscrimination notice is posted on all transit vehicles.
Aviso Público Sobre los Derechos Bajo el Título VI Y ADA
Oro Valley/RTA Sun Shuttle Dial-a-Ride
Oro Valley/RTA Sun Shuttle Dial-a-Ride (y sus subcontratistas, si cualquiera) asegura complir con
el Título VI de la Ley de los Derechos Civiles de 1964, Sección 504 de la Ley de Rehabilitación de
1973 y La Ley de ciudadanos Americanos con Discapacidades de 1990 (ADA). El nivel y la
calidad de servicios de transporte serán provehidos sin consideración a su raza, color, o pais de
origen.
Para obtener más información sobre la Oro Valley/RTA Sun Shuttle Dial-a-Ride’s programa
de derechos civiles, y los procedimientos para presentar una queja, contacte John Liosatos,
(520) 792-1093, JLiosatos@pagregion.com. o visite nuestra oficina administrativa en La
Asociacion de Gobienos de Pima (PAG), 1 E. Broadway Blvd, Suite 401, Tucson, AZ 85701.
Para obtener más información, visite http://www.pagregion.com.
El puede presentar una queja directamente con Arizona Department of Transportation
(ADOT) o Federal Transit Administration (FTA) mediante la presentación de una queja
directamente con las oficinas correspondientes de Civil Rights: ADOT: ATTN Title VI Program
Manager 206 S. 17th Ave MD 155A Phoenix AZ, 85007 FTA: ATTN Title VI Program
Coordinator, East Building, 5th Floor –TCR 1200 New Jersey Ave., SE Washington DC 20590.
7
Non Discrimination Complaint Procedures
These procedures provide guidance for all complaints filed under Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA) as
they relate to any program or activity that is administered by Oro Valley/RTA Sun Shuttle Dial-a-Ride,
including consultants, contractors and vendors. Intimidation or retaliation as a result of a complaint is
prohibited by law. In addition to these procedures, complainants reserve the right to file a formal
complaint with other State or Federal agencies or to seek private counsel for complaints alleging
discrimination. Every effort will be made to resolve complaints at the lowest possible level.
(1) Any person who believes he and/or she has been discriminated against on the basis of race,
color, national origin, or disability may file a Discrimination complaint by completing and
submitting the agency’s Title VI Complaint Form.
(2) Formal complaints must be filed within 180 calendar days of the last date of the alleged act of
discrimination or the date when the alleged discrimination became known to the
complainant(s), or where there has been a continuing course of conduct, the date on which the
conduct was discontinued or the latest instance of the conduct.
(3) Complaints must be in writing and signed by the complainant(s) and must include the
complainant(s) name, address and phone number. The ADA/Title VI contact person will assist
the complainant with documenting the issues if necessary.
(4) Allegations received by fax or e-mail will be acknowledged and processed, once the identity of
the complainant(s) and the intent to proceed with the complaint have been established. For
this, the complainant is required to mail a signed, original copy of the fax or email transmittal for
the complaint to be processed.
(5) Allegations received by telephone will be reduced to writing and provided to the complainant
for confirmation or revision before processing. A complaint form will be forwarded to the
complainant for him/her to complete, sign and return for processing.
(6) Once submitted PAG will review the complaint form to determine jurisdiction. All complaints
will receive an acknowledgement letter informing her/him whether the complaint will be
investigated by the PAG or submitted to the State or Federal authority for guidance.
(7) PAG will notify the ADOT Civil Rights Office of ALL Discrimination complaints within 72 hours via
telephone at 602-712-8946; or email at civilrightsoffice@azdot.gov.
(8) PAG has 60 days to investigate the complaint. If more information is needed to resolve the case,
the Authority may contact the complainant. The complainant has 15 business days from the date of
8
the letter to send requested information to the investigator assigned to the case. If the investigator
is not contacted by the complainant or does not receive the additional information within 15
business days, the Authority can administratively close the case. A case can be administratively
closed also if the complainant no longer wishes to pursue their case.
(9) After the investigator reviews the complaint, she/he will issue one of two letters to the
complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations
and states that there was not a Discrimination violation and that the case will be closed. An LOF
summarizes the allegations and the interviews regarding the alleged incident, and explains whether
any disciplinary action, additional training of the staff member or other action will occur.
(10) A copy of either the closure letter or LOF must be also be submitted to ADOT within 72 hours of
that decision. Letters may be submitted by hardcopy or email.
(11) A complainant dissatisfied with PAG decision may file a complaint with the Arizona Department of
Transportation (ADOT) or the Federal Transit Administration (FTA) offices of Civil Rights:
ADOT: ATTN ADA/Title VI Program Coordinator 206 S. 17TH Ave MD 155A RM: 183 Phoenix
AZ, 85007 FTA: Attention Title VI Program Coordinator, East Building, 5th Floor-TCR 1200 New
Jersey Ave., SE Washington DC 20590.
(12) A copy of these procedures can be found online at: http://www.pagregion.com.
9
Discrimination Complaint Form
Section I:
Name:
Address:
Telephone (Home): Telephone (Work):
Electronic Mail Address:
Accessible Format Requirements? ☐ Large Print ☐ Audio Tape
☐ TDD ☐ Other
Section II:
Are you filing this complaint on your own behalf? ☐Yes* ☐No
*If you answered “yes” to this question, go to Section III.
If not, please supply the name and relationship
of the person for whom you are complaining.
Please explain why you have filed for a third party:
Please confirm that you have obtained the permission of the
aggrieved party if you are filing on behalf of a third party.
☐Yes
☐No
Section III:
I believe the discrimination I experienced was based on (check all that apply):
☐ Race ☐ Color ☐ National Origin ☐ Disability
Date of Alleged Discrimination (Month, Day, Year):
Explain as clearly as possible what happened and why you believe you were discriminated
against. Describe all persons who were involved. Include the name and contact information of
the person(s) who discriminated against you (if known) as well as names and contact
information of any witnesses. If more space is needed, please use the back of this form.
Section VI:
Have you previously filed a Discrimination complaint with this
agency?
☐Yes
☐No
10
If yes, please provide any reference information regarding your previous complaint.
Section V:
Have you filed this complaint with any other Federal, State, or local agency, or with any Federal
or State court?
☐ Yes ☐ No
If yes, check all that apply:
☐ Federal Agency:
☐ Federal Court: ☐ State Agency:
☐ State Court : ☐ Local Agency:
Please provide information about a contact person at the agency/court where the complaint
was filed.
Name:
Title:
Agency:
Address:
Telephone:
Section VI:
Name of agency complaint is against:
Name of person complaint is against:
Title:
Location:
Telephone Number (if available):
You may attach any written materials or other information that you think is relevant to your complaint. Your
signature and date are required below.
______________________________________ ________________
Signature Date
Please submit this form in person at the address below, or email this from to:
Pima Association of Governments, Title VI Coordinator
1 E. Broadway, Suite 401
Tucson, Arizona 85701
John Liosatos, (520) 792-1093
Email: JLiosatos@pagregion.com
A copy of this form can be found on-line at: https://www.orovalleyaz.gov/town/departments/community-
development-and-public-works/transit-services
11
Formulario de reclamación de discriminación
La Seccion I:
El Nombre:
La Direccion:
Teléfono (casa): Teléfono (trabajo):
Dirección de correo electrónico
Requisitos de formato accesible? ☐Impresión grande ☐Cinta de audio
☐ TDD ☐ Otro
La Seccion II:
Está presentando esta queja en su propio nombre? ☐Si* ☐No
* Si contestó "sí" a esta pregunta, vaya a la sección III.
Si no, por favor suministre el nombre y la relación
de la persona para la cual usted se está quejando
Por favor explique por qué ha presentado una tercera parte:
Por favor confirme que usted ha obtenido el permiso de la parte agraviada
de si usted está presentando en nombre de una tercera persona
☐Si
☐No
La Seccion III:
Creo que la discriminación que experimenté se basó en (marque todos los que
apliquen):
☐ La Carrera ☐El Color ☐Origen nacional ☐ La Discapacidad
Fecha de presunta discriminación (mes, día, año):
Explique lo más claramente posible lo que pasó y por qué cree que fue discriminado.
Describir a todas las personas que participaron. Incluya el nombre y la información de
contacto de la persona (s) que discrimina contra usted (si se conoce), así como los
nombres y la información de contacto de los testigos. Si necesita más espacio, por
favor use la parte posterior de este formulario.
La Seccion VI:
12
Ha presentado anteriormente una queja por discriminación con esta agencia?
☐
Si
☐
No
En caso afirmativo, proporcione cualquier información de referencia con respecto a su queja anterior.
La Seccion V:
Ha presentado esta queja ante cualquier otra agencia federal, estatal o local, o con cualquier agencia
federal?
☐ Si ☐ No
En caso afirmativo, marque todo lo que corresponda:
☐ Agencia Federal:
☐ Corte federal: ☐ Agencia del estado:
☐ Tribunal Estatal: ☐ Agencia local:
Proporcione información sobre una persona de contacto en la agencia / tribunal donde la queja fue
archivado.
Mombre:
Título:
Agencia:
Dirección:
Teléfono:
La Seccion VI:
El nombre de la queja de la agencia es contra:
La queja del nombre de la persona es contra:
Título:
Ubicación:
Número de teléfono (si está disponible):
Puede adjuntar cualquier material escrito u otra información que considere relevante para su reclamo. Su
firma y fecha son requeridas a continuación.
______________________________________ ________________
Firma Fecha
Puede adjuntar cualquier material escrito u otra información que considere relevante para su reclamo. Su firma
y fecha son requeridas a continuación:
Asociación de Gobiernos de Pima, Coordinador del Título VI
1 E. Broadway, Suite 401
Tucson, Arizona 85701
John Liosatos, (520) 792-1093
Correo electrónico: JLiosatos@pagregion.com
Se puede encontrar una copia de este formulario en línea en:
https://www.orovalleyaz.gov/town/departments/community-development-and-public-works/transit-services
13
Discrimination Investigations, Complaints, and
Lawsuits
Description/Name Date (Month,
Day, Year)
Summary
(include basis of
complaint: race,
color, national
origin or
disability)
Status Action(s) Taken
(Final findings?)
Investigations None
1)
2)
Lawsuits None
1)
2)
Complaints None
1)
2)
Oro Valley/RTA Sun Shuttle Dial-a-Ride has not had any ADA nor Title VI Discrimination
complaints, investigations, or lawsuits in 2017 or 2018.
14
Public Participation Plan
Oro Valley/RTA Sun
Shuttle Dial-a-Ride
Public Participation
Plan
Oro Valley Sun Shuttle Dial-a-Ride encourages and engages the public, including minority and limited English
proficient populations, to participate in its planning and decision-making process, through its marketing and
outreach efforts. Oro Valley Sun Shuttle Dial-a-Ride is engaging the public in its planning and decision-making
processes, as well as its marketing and outreach activities. The public will be invited to participate in the
process whether through public meetings or surveys. As an agency receiving federal financial assistance, Oro
Valley Sun Shuttle Dial-a-Ride made the following community outreach efforts:
Oro Valley Sun Shuttle Dial-a-Ride is an FTA 5310 subrecipient of the Regional Transportation Authority (RTA)
and Pima Association of Governments (PAG). Oro Valley Sun Shuttle Dial-a-Ride has agreed to be included in
and adopt the City of Tucson’s Title VI Program. This includes adopting the City of Tucson’s notice to
beneficiaries, fare change policies, major service change policies, disparate impact and disproportionate
burden thresholds, complaint procedures and public participation plans.
Consequently Oro Valley Sun Shuttle Dial-a-Ride’s Public Participation Plan is the Sun Tran/Sun Van plan. This
plan has been approved and accepted by both ADOT and the FTA. All past and planned future outreach
activities, public meetings and hearings are on file with Sun Tran/Sun Van and RTA/PAG.
15
In addition to this Sun Tran/Sun Van plan and activities, Oro Valley Sun Shuttle Dial-a-Ride conducts the
following public meetings, outreach and advertisement. However, all official change in jurisdiction, fare and all
policy issues are handled through the Sun Tran/Sun Van process.
Quarterly meetings with the Friends of Oro Valley Transit. These meetings were held on the
third Thursday of January 2017, April 2017, July 2017, October 2017 and January 2018.
These meetings are held at Town Hall beginning at 6 pm. These meetings are scheduled to
continue on a quarterly basis. These meetings are open to all clients.
Communication and correspondence with the Friends of Oro Valley Transit takes place on a
continuous basis.
The Town of Oro Valley website Dial-a-Ride links are continuously updated with notices and
information such as the January 2018 fare increase.
A comprehensive customer satisfaction survey was conducted November 9th though
December 31st, 2015. Although customer satisfaction was rated very high, the survey results
confirmed that some program initiatives will help to improve service.
An RTA sponsored Public Open House meeting was held in the Town of Oro Valley Public
Library on June 16, 2016. The main topic at this meeting was proposed transit fare increases
with general transit service information as an additional topic.
An RTA sponsored Public Open House meeting was held in the Holiday Inn Community
Room near a Transit Bus Stop on September 12, 2017. The main topic at this meeting was
proposed termination of the Route 401 Bus Service on Saturdays as well as other Transit
related issues.
Oro Valley Sun Shuttle Dial-a-Ride will hold public meetings on other days of the week and at
other times as deemed necessary.
Clients are able to purchase tickets at seven outlets throughout the town. These outlets
include all major grocery stores, the Oro Valley Town Hall and a bank. In addition, clients can
mail a check for tickets and tickets are returned to them by mail.
Besides the traditional call-in method of registering and scheduling trips, clients are able to
register on-line and schedule trips on-line using the Town of Oro Valley website.
Advertisement of services takes place with various venues:
o Weekly advertisement in the “Coffee News”. This publication is available at all local
restaurants and most local business offices.
o Distribution and display of service pamphlets at all local grocery stores, health care
facilities, apartment complexes, libraries and community centers.
o Advertisement in the Oro Valley Town Vista. This publication reaches all clients and
businesses that receive a water bill, it is included in the envelope with the water bill
invoice.
o Articles in the “Explorer” newspaper. This is a regional newspaper.
o The Town of Oro Valley website.
o Articles in the “Oro Valley Voice” most recently in December 2017. This is a regional
newspaper. The screen shot of articles follows:
16
17
Limited English Proficiency Plan
Oro Valley/RTA Sun
Shuttle Dial-a-Ride
Limited English Proficiency Plan
Four Factor Analysis
And
Language Access Plan
For Limited English Proficiency (LEP) Persons
Adopted: February 7, 2018
Oro Valley Transit Service
12941 N Pusch Mountain View Lane
Oro Valley, Arizona 85755
Phone 520.229.4990 | Fax 520.229.5049
Revised: none.
Purpose: In compliance with Executive Order 13166, Oro Valley Transit Service has completed the Four-
Factor Analysis for the Language Access Plan (LAP) for Limited English Proficiency (LEP) persons.
History: Title VI of the Civil Rights Act of 1964 is the federal law which protects individuals from
discrimination on the basis of their race, color, or national origin in programs that receive federal financial
assistance. In certain situations, failure to ensure that persons who have limited English proficiency can
effectively participate in, or benefit from, federally assisted programs may violate Title VI’s prohibition
against national origin discrimination.
18
Persons who, as a result of national origin, do not speak English as their primary language and who have
limited ability to speak, read, write, or understand English may be entitled to language assistance under
Title VI in order to receive a particular service, benefit, or encounter.
Oro Valley Transit Four-Factor Analysis: The following Four-Factor Analysis will serve as the guide for
determining which language assistance measures the Oro Valley Transit will undertake to guarantee
access to Oro Valley Sun Shuttle by LEP persons.
1. Number or proportion of LEP persons served or encountered in the eligible service population
(served or encountered includes those persons who would be served by the recipient if the
person received education and outreach and the recipient provided sufficient language
services).
Oro Valley Transit used the most current U. S. Census Bureau data (2016). In addition, the 2016
American Community Survey (the most current) was used in determining the LEP population. In
Oro Valley 8.5% of the population speak Spanish and of that group 1.2 percent are limited
English speaking households. Less than 1.0% of all other groups are limited English speaking
households. This level of households that are limited English speaking does not meet the 5%
LEP threshold that requires a specific LAP for any or the languages identified.
Oro Valley Service Area Demographic Chart, 2016 American Community Survey
2. The frequency with which the LEP persons come into contact with the program.
The town Sun Shuttle service is open to all residents of Oro Valley. Therefore the potential
frequency of LEP households who would contact Sun Shuttle is less than 1.3%. Specific data for
the three categories of clients served by Sun Shuttle is not available. These categories are persons
with disabilities (79%), seniors (10%) and general public (11%)..
3. The nature and importance of the program, activity, or service provided by the program.
19
Oro Valley Sun Shuttle is a valuable service to community residents. Many clients would not have their
transportation/mobility needs met without this service. Clients or their caregivers have reported that
these clients would not be able to work and earn a wage, attend education and training programs,
shop for groceries or other essentials and go to medical appointments without this service.
4. The resources available and costs to the recipient.
Oro Valley Sun Shuttle employs dispatchers and booking agents that speak Spanish fluently. All hours
that the reservation office is open are staffed with at least one of these persons. Therefore any
person who may need to speak with someone in Spanish will be able to do so. In addition, the
information on the regional Sun Shuttle website is provided in English as well as Spanish. Information
pertaining to Title VI is posted in each vehicle in both English and Spanish as well. There is no cost to
the recipient for these resources. Therefore, LEP measures are reasonable given the client base and
the resources available to Oro Valley.
Certification: Based on the above Four-Factor Analysis, Oro Valley Sun Shuttle is not required to
develop a LAP. However, Oro Valley Sun Shuttle will make all reasonable attempts to
accommodate language access needs of residents. In addition, the town will continue to monitor
and assess the demographics of LEP residents.
Oro Valley Sun Shuttle complies with the Safe Harbor Provisions, as evidenced by the number of
documents available in the Spanish language. With respect to the Title VI information, the
following shall be made available in Spanish:
(1) Non Discrimination Notice to the Public
(2) Non Discrimination Complaint Procedures
(3) Discrimination Complaint Form
In addition, we will conduct our marketing (including using translated materials) in a manner that
reaches each LEP group. Vital documents include the following via the RTA website:
(1) Notices of free language assistance for persons with LEP
(2) Notice of Non-Discrimination and Reasonable Accommodation
(3) Outreach Materials
(4) Bus Schedules
(5) Route Changes
(6) Public Hearings
Sample LEP Documents:
20
Non Discrimination Notice to the Public -Spanish
Aviso Público Sobre los Derechos Bajo el Título VI Y ADA
Autoridad Regional de Transportación
Autoridad Regional de Transportación (y sus subcontratistas, si cualquiera) asegura complir con
el Título VI de la Ley de los Derechos Civiles de 1964, Sección 504 de la Ley de Rehabilitación de
1973 y La Ley de ciudadanos Americanos con Discapacidades de 1990 (ADA). El nivel y la calidad
de servicios de transporte serán provehidos sin consideración a su raza, color, o pais de origen.
Para obtener más información sobre la Autoridad Regional de Transportación’s programa de
derechos civiles, y los procedimientos para presentar una queja, contacte Nathan Barrett (520)-
792-1093, (TTY 520-792-1093); o visite nuestra oficina administrativa en 1 East Broadway
Blvd. Suite 401, Tucson, AZ 85701. Para obtener más información, visite
www.RTAmobility.com
El puede presentar una queja directamente con Arizona Department of Transportation
(ADOT) o Federal Transit Administration (FTA) mediante la presentación de una queja
directamente con las oficinas correspondientes de Civil Rights: ADOT: ATTN Title VI Program
Manager 206 S. 17th Ave MD 155A Phoenix AZ, 85007 FTA: ATTN Title VI Program
Coordinator, East Building, 5th Floor –TCR 1200 New Jersey Ave., SE Washington DC 20590
The above notice is posted in the following locations: RTA’s website, the public areas of the
RTA’s office, at stations, stops, and on transit vehicles. It is also posted at meetings locations
away from the RTA office.
This notice is posted online at
www.RTAmobility.com
21
Non-elected Committees Membership Table
Oro Valley/RTA Sun Shuttle Dial-a-Ride does NOT select the membership of any
transit-related committees, planning boards, or advisory councils.
22
Monitoring for Subrecipient Title VI
Compliance
Oro Valley/RTA Sun Shuttle Dial-a-Ride does NOT have subrecipients. Oro Valley/RTA Sun Shuttle
Dial-a-Ride does NOT monitor subrecipients for Title VI compliance.
23
Title VI Training
Oro Valley/RTA Sun Shuttle Dial-a-Ride uses the regional PAG Title VI process. The Title VI
coordinator and staff are employed by PAG and complete all required training as required by PAG to
function in these capacities. Oro Valley/Sun Shuttle Dial-a-Ride staff will attend all Title VI training as
directed by PAG. New Oro Valley/RTA Sun Shuttle Dial-a-Ride employees are trained in Title VI policies
during their orientation training. In addition, all drivers and staff are trained on the Oro Valley Sun
Shuttle LEP procedures and policies during their initial training. Drivers and staff are provided review
training on these procedures and policies on a bi-annual basis and when changes are implemented. If
drivers or staff are unable to provide LEP assistance in accordance with procedures and policies they
contact the dispatcher for direction and resolution.
Oro Valley maintains a Title VI Training Log.
24
Title VI Equity Analysis
Oro Valley/RTA Sun Shuttle Dial-a-Ride has no current or anticipated plans to develop new transit
facilities covered by these requirements.
25
Board Approval for the Title VI Program
The Town Council will meet on February 7, 2018 to review and approve this plan. At that time the
minutes, resolution, or other appropriate documentation showing the town council review and
approval of the Title VI plan will be added.
26
Organizational Chart
Director
Paul Keesler, P.E.
Town Engineer
Assistant Director
Aimee Ramsey
Dispatchers
Mary Volz - FT
Keith Dotson - PT
Kathy Bauer - PT
Relief Drivers
Jack Leonard
David Darling
Arno Dittrich
Gary Orlich
John Rolando
Scott Kelley
Audrey Casiraghi
Richard Faust
Lynette Savaresse
Leslie Soldani
Vicki McNamee
Gary Durree
Michael Catanzaro
Patricia Machkowsky
Brian Gallup
Bill Abney
Bob Whitley
Jim Fite
Bill Popp
Dave Boyd
Ken Harcus
Sharon K. Schaefer
Kevin Harding
Relief Drivers
John Kortyka
Nigel Hawkins
Gene Oglesby
Fred Kirkpatrick
David Casillas
Michael Blevins
David Cox
Mark Smith
Karl Steinnecker
James Robers
Sheila Blevins
Cesar Rodriguez
Paul McCarthy
Ken Ballenger
Richard Ciuffetelli
Rick Serrano
David Rodriguez
John O’Connel
Patricia Carter
Kim Meyer
PT Transit Specialist
Dan Johnson
Ron Huber
PT Office Assistants
Teresa Corrales
Alicia Sallas
FT Drivers
Donna Burdette
Nicki Roxbury
Drivers - PT
Casey Davis
Ed Witzak
Ed Page
Steve Jans
Greg Otis
Transit Crew Leader
Jon Hawbaker
Michael Alexander
Michael Hennings
Town Council Regular Session Item # E.
Meeting Date:02/07/2018
Requested by: Chris Cornelison Submitted By:Mike Standish, Town
Clerk's Office
Department:Town Manager's Office
Information
SUBJECT:
Resolution No. (R)18-04, affirming that, with regard to the approximate 934 acres of
State Land in Section 5 of T12S, R13E, and Section 32 of T11S, R13E, the Town
intends to pursue annexation and does not have, nor does it intend to adopt, regulations
requiring the fencing of open range livestock grazing or prohibiting mining on state land
annexed into the Town
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
The 2017 Strategic Plan directs the Town to plan for growth of the community through
annexations by creating an annexation strategy that reflects sound financial planning. On
the western boundary of the Town of Oro Valley, adjacent to the Town of Marana, there
are two State-owned land parcels totaling approximately 934 acres located in Section 5
of T12S, R13E, commonly referred to as the Tangerine South section, and Section 32 of
T11S, R13E, commonly referred to as the Tangerine North section. The Town is
interested in annexing these parcels, and has engaged in discussions with the Arizona
State Land Department (ASLD) in this regard.
Please note the Town previously adopted Resolution No. (R)13-15 regarding the
Tangerine South property, but is now including that parcel with the Tangerine North
section as part of this resolution and the same process moving forward intended to
pursue annexation. Therefore, there is some overlap between the previously-adopted
resolution and the one being presented this evening.
Related to the above paragraph, Councilmember Joe Hornat received a letter in
2013 from then State Land Commissioner Vanessa P. Hickman outlining three specific
items required in order to move forward with the annexation, in which ASLD has again
requested these same items as a standard formality regarding both the northern and
southern parcels:
A no-objection letter from the Town of Marana
A waiver of town ordinance requirement for fencing of open range livestock grazing
An agreement not to enact of apply ordinances or regulations prohibiting mining on
the State Land
Also attached to this communication is an updated no-objection letter from the Town of
Marana, dated June 30, 2017, which is included as Attachment 2. The attached
resolution (Attachment 1) is intended to address the remaining items.
Although this request is a standard formality related to livestock grazing and mining,
Town staff does not anticipate either of these activities to actually occur on these two
parcels.
BACKGROUND OR DETAILED INFORMATION:
Section 5 of T12S, R13E contains an approximate 574-acre parcel that is currently
located in unincorporated Pima County. Section 32 of T11S, R13E contains an
approximate 360-acre parcel that is also currently located in unincorporated Pima
County. A map of the subject properties is included as Attachment 3.
This area is currently subject to Pima County Zoning, which the state has the ability to
override with regard to mining and grazing on 5 or more commercial acres (ARS
11-812). While there is nothing specifically related to grazing or mining in the Oro Valley
Zoning Code Revised, the Town does have the ability to regulate grazing and mining.
This request is an effort to preserve the state's existing exemptions from county zoning.
However, Town staff does not anticipate that grazing or mining will be realistic uses for
these properties.
Should the Town and ASLD move forward with this annexation, it is anticipated that
these items, as well as the future use of the property, will be further addressed through a
pre-annexation development agreement.
FISCAL IMPACT:
N/A
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)18-04, affirming that, with regard to the
approximate 934 acres of state land in Section 5 of T12S, R13E and Section 32 of T11S,
R13E, the Town intends to pursue annexation and does not have, nor does it intend to
adopt, regulations requiring the fencing of open range livestock grazing or prohibiting
mining on the state should it be annexed into the Town.
Attachments
(R)18-04- Resolution
Attachment 2 - No Opposition Letter from Marana
Attachment 3 - Map
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RESOLUTION NO. (R)18-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE
TOWN OF ORO VALLEY AFFIRMING THAT, WITH REGARD
TO THE 934 ACRES OF STATE LAND IN SECTION 5 OF T12S,
R13E, AND SECTION 32 OF T11S, R13E, THE TOWN OF ORO
VALLEY INTENDS TO PURSUE ANNEXATION AND DOES NOT
HAVE, NOR DOES IT INTEND TO ADOPT, REGULATIONS
REQUIRING THE FENCING OF OPEN RANGE LIVESTOCK
GRAZING OR PROHIBITING MINING ON THE STATE LAND
ANNEXED INTO THE TOWN
WHEREAS,on the western boundary with the Town of Oro Valley (the “Town”) there
are two parcels of State owned land located in Section 5 OF T12S, R13E, and Section
32 of T11s, R13E (the “Land”); and
WHEREAS,The 2017 Strategic Plan directs the Town to pursue annexation
opportunities that will deliver long-term benefit to the community; and
WHEREAS, it is in the Town’s interest to partner with the Arizona State Land
Department regarding annexation of state trust land between Oro Valley and Marana; and
WHEREAS, The Town intends to pursue annexation of the State Land; and
WHEREAS,The State Land Department has renewed a request from 2013 for three
specific items, one of which, the no-objection letter from the Town of Marana has been
updated and received; and
WHEREAS, One of ASLD’s conditions was “[a] waiver of town ordinance requirement
for fencing of open range livestock grazing”; and
WHEREAS, Another of ASLD’s conditions was “[an] agreement not to enact or apply
ordinances or regulations prohibiting mining on the State Land”; and
WHEREAS, With regard to the Land, the Town of Oro Valley does not have, nor does it
intend to adopt, regulations requiring the fencing of open range livestock grazing or
prohibiting mining on the State Land annexed into the Town.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Oro Valley, Arizona that the Town does not have, nor does it intend to adopt, regulations
requiring the fencing of open range livestock grazing or prohibiting mining on the State
Land annexed into the Town.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7th day of February, 2018.
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TOWN OF ORO VALLEY
____________________________________
Dr. Satish I Hiremath, Mayor
ATTEST:
Michael Standish, Town Clerk
Date:
APPROVED AS TO FORM:
Tobin Sidles, Legal Services Director
Date:
Camino
de
Anza Oro Valley
Town Limits
N
Moore Road
Tangerine Road ThornydaleRoad302 acres
State Land
550 acres
State Land
Planning
Area
Subject
Parcel
Shannon RoadN. Coyote Crossing Trail
Town Council Regular Session Item # F.
Meeting Date:02/07/2018
Requested by: Daniel G. Sharp Submitted By:Colleen Muhr, Police
Department
Department:Police Department
Information
SUBJECT:
Resolution No. (R)18-05, authorizing and approving a subgrantee agreement between
the Town of Oro Valley and the Arizona Department of Homeland Security to fund
overtime and mileage under the Operation Stonegarden program
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
On January 16, 2018, the Police Department received notice of the award of funding for
overtime and mileage. The Town of Oro Valley wishes to enter into this subgrantee
agreement with the Arizona Department of Homeland Security (AZDOHS) to fund
overtime and mileage for officers deployed under the Operation Stonegarden program.
This partnership between the Town, U.S. Customs and Border Protection and other
federal and local law enforcement agencies brings unique benefits to the Town and its
community.
BACKGROUND OR DETAILED INFORMATION:
The grant application was made in order to work in a regional partnership with other
local law enforcement agencies and the U.S. Border Patrol Tucson Sector to reduce
crime and improve the quality of life for the residents and visitors of Oro Valley. This
grant will use targeted deployments of officers and canine units to impact the flow of
smugglers engaged in human trafficking and illegal contraband, as well as possible
terrorists who intend to cause harm or commit crimes against this nation.
FISCAL IMPACT:
The approved FY 2017/18 budget includes the capacity, in the appropriate category, for
this award. The fiscal impact is $70,000 received by the Town through grant funding.
SUGGESTED MOTION:
I MOVE to (approve or deny) Resolution No. (R)18-05, authorizing and approving a
I MOVE to (approve or deny) Resolution No. (R)18-05, authorizing and approving a
subgrantee agreement between the Town of Oro Valley and the Arizona Department of
Homeland Security to fund overtime and mileage under the Operation Stonegarden
program.
Attachments
(R)18-05 Overtime Mileage
AZDOHS OPSG-170423-01
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RESOLUTION NO. (R)18-05
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
ORO VALLEY, ARIZONA, AUTHORIZING AND APPROVING A
SUBGRANTEE AGREEMENT BETWEEN THE TOWN OF ORO VALLEY
AND THE ARIZONA DEPARTMENT OF HOMELAND SECURITY TO
FUND OVERTIME AND MILEAGE UNDER THE OPERATION
STONEGARDEN PROGRAM
WHEREAS, the Arizona Department of Homeland Security (AZDOHS) requires participating
jurisdictions to enter into a Subgrantee Agreement to receive the funds granted under the
Operation Stonegarden Program; and
WHEREAS, the Town of Oro Valley’s allocation under the grant is a maximum of $70,000
which will be used to fund overtime and mileage under the Operation Stonegarden Program for
deployments with the U.S. Department of Homeland Security Bureau of Customs and Border
Protection; and
WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Subgrantee
Agreement (attached hereto as Exhibit “A” and incorporated herein by this reference) in order to
receive funds which will be used to fund overtime and mileage under the Operation Stonegarden
Program for deployments with the U.S. Department of Homeland Security Bureau of Customs
and Border Protection.
NOW THEREFORE BE IT RESOLVED by the Mayor and Town Council of the Town of
Oro Valley, Arizona, that:
1. The Subgrantee Agreement between the Town of Oro Valley, for the benefit of the Oro
Valley Police Department and the Arizona Department of Homeland Security, attached
hereto as Exhibit “A” and incorporated herein by this reference, to fund overtime and
mileage under the Operation Stonegarden Program for deployments with the U.S.
Department of Homeland Security Bureau of Customs and Border Protection is hereby
authorized and approved.
2. The Mayor and other administrative officials of the Town of Oro Valley are hereby
authorized to take such steps as are necessary to execute and implement the terms of the
Subgrantee Agreement.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona, this 7th day of February, 2018.
TOWN OF ORO VALLEY, ARIZONA
Dr. Satish I. Hiremath, Mayor
ATTEST:APPROVED AS TO FORM:
Michael Standish, Town Clerk Tobin Sidles, Legal Services Director
Date:Date:
EXHIBIT “A”
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SUBRECIPIENT AGREEMENT
OPERATIONSTONEGARDENGRANT PROGRAM
OVERTIME/MILEAGE
17-AZDOHS-OPSG-170423-01
Enter Subrecipient Agreement number above (e.g., 170XXX-XX)
Between
The ArizonaDepartmentof HomelandSecurity
And
Oro Valley Police Department
Enter the nameof theSubrecipient Agencyabove
DUNS Number
098039373
Enter the DUNS Numberabove
WHEREAS, A.R.S. section41-4254 charges the Arizona Departmentof Homeland Security(AZDOHS)
with the responsibility of administering funds.
THEREFORE, itis agreed that the AZDOHS shall provide funding to the
Oro Valley Police Department
Enter the nameof theSubrecipient Agencyabove
(Subrecipient)for services under the terms of this Agreement (the “Agreement”).
I.PURPOSE OF AGREEMENT
The purpose of this Agreement is to specifythe rights and responsibilities ofAZDOHS in
administering the distribution of homeland securitygrant funds to the Subrecipient, and to specify
the rights and responsibilities of the Subrecipient as the recipient of thesefunds.
II.PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS
This Agreementshall becomeeffective on January 8, 2018 and shall terminateon December
31, 2018. The obligations of the Subrecipient as describedherein will survivetermination of this
agreement.
III.DESCRIPTION OF SERVICES
The Subrecipient shall provide the services forAZDOHS as setforth in writing in Subrecipient’s
grant application titled “OPSG Overtime andMileage”andfunded at $70,000.00 (as may
have been modified by the award letter).Enter FundedAmount above
IV.MANNER OF FINANCING
The AZDOHS shall under the U.S. Department of Homeland Securitygrant # EMW-2017-SS-
00033-S01 and CFDA#97.067:
a) Provide up to $70,000.00 to the Subrecipient for services provided under
Paragraph III.Enter FundedAmount above
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b) Payment madeby the AZDOHS to the Subrecipient shall be on a reimbursement basis only
and is conditioned upon receiptof proof of paymentand applicable, accurateand complete
reimbursementdocuments, as deemednecessarybythe AZDOHS, to be submittedby the
Subrecipient. A listing of acceptabledocumentation canbe found at www.azdohs.gov .
Payments will be contingent upon receiptof all reporting requirements ofthe Subrecipient
under this Agreement.
V.FISCAL RESPONSBILITY
It is understoodand agreed that the total amount of the funds usedunder this Agreement shall
be used only for the project as describedin the application and awarddocumentation. Therefore,
should the project not be completed, the subrecipientshall reimbursesaidfunds directly to the
AZDOHS immediately. If the project is completedat a lower costthanthe original budget called
for, the amount reimbursedtothe subrecipientshall be for only the amount of dollars actually
spent by the subrecipient in accordancewiththe approved application. For any funds received
under this Agreement for whichexpenditure is disallowed by an audit exemption or otherwiseby
the AZDOHS, the State, or Federal government, the Subrecipient shall reimbursesaidfunds
directly to the AZDOHS immediately.
VI.FINANCIAL AUDIT/PROGRAMMATIC MONITORING
The Subrecipient agrees to complywith the record-keeping requirements and other requirements
of A.R.S. section35-214 and section35-215.
a) In addition, in compliancewiththe Federal Single Audit Act(31 U.S.C. part 7501-7507),as
amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the Subrecipient
must have a Single Audit or program specific audit conductedin accordancewith 2 CFR200
(Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal
Awards) if the Subrecipient expends morethan $750,000 from Federal awards in its previous
fiscalyear. If the Subrecipient has expended morethan $750,000 in Federal dollars, a copy
of the Subrecipient’s single audit or program specific audit report for the previous fiscal year
and subsequent fiscalyears that fall within the period of performanceis due annually to
AZDOHS within nine (9) months of the Subrecipient’s fiscal year end.
b) Failure to complywith any requirements imposedas a result of an audit will suspend
reimbursementby AZDOHS to the Subrecipient until the Subrecipient is in compliancewithall
suchrequirements. Additionally, the Subrecipient will not be eligible for any new awards until
the Subrecipient is in compliancewith all suchrequirements.
c) Subrecipients who do not expend morethan $750,000 in Federal dollars in the previous fiscal
year and subsequentfiscalyears that fall withinthe period of performancemust submit to
AZDOHS via audits@azdohs.gov,a statement statingthey do not meet the thresholdand
therefore do not have to completea single audit or program specific audit.
d) Subrecipient will be monitored periodically by AZDOHS, both programmaticallyand
financially, to ensure that the project goals, objectives, performancerequirements, timelines,
milestonecompletion, budgets, and other related program criteriaare being met. Monitoring
will be accomplishedthrough a combinationof office-basedreviews and on-sitemonitoring
visits.Monitoring caninvolve aspects ofthe workinvolved under this Agreement including but
not limited to the review and analysis of financial, programmatic,equipment,performance,
and administrative issues relative to each program and will identify areas where technical
assistanceandother support maybe needed. Subrecipient shall participate in and cooperate
with all suchmonitoring by AZDOHS, and shall provide access to all personnel, documents,
and other records as may be requested from timeto time by AZDOHS. Subrecipient also
shall comply with all requests of AZDOHS that AZDOHS deems necessarytoassurethe
parties’ compliancewiththeir obligations under this Agreement.
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VII.APPLICABLE FEDERAL REGULATIONS
The Subrecipient must complywith the applicable Notice of Funding Opportunity (NOFO),Office
of Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance.
The NOFO for this program is hereby incorporated into your award agreementby reference. By
acceptingthis award,the Subrecipient agrees that all allocation and useof funds under this grant
will be in accordancewiththe requirements contained in the NOFO.
Whereapplicable and with prior written approval from AZDOHS/DHS/FEMA, HSGP Program
recipients using funds for constructionprojects mustcomplywiththe Davis-BaconAct (40U.S.C.
3141 et seq.). Recipients mustensurethat their contractors or subcontractors for construction
projects pay workers no less than the prevailing wages for laborers and mechanics employedon
projects of a character similar to the contract work in the civil subdivision of the statein whichthe
work is to be performed. Additional information regarding compliancewith the Davis-BaconAct,
including Departmentof Labor (DOL)wage determinations, is available from the following website
http://www.dol.gov/compliance/laws/comp-dbra.htm.
Insurance Coverage
The Subrecipient affirms the organization maintain insurancecoverage as describedin 2 CFR
200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent
insurancecoverage for real property and equipment acquired or improvedwith Federal funds as
provided to property owned by the non-Federal entity. Federally-owned property need not be
insured unless required by the terms andconditions of the Federal award.
National IncidentManagement System(NIMS)
The Subrecipient agrees to remainin compliancewithNational Incident Management System
(NIMS) implementation initiatives as outlined in the applicable NOFO.
Environmental Planningand HistoricPreservation
The Subrecipient shall comply with Federal, State and Local environmental and historical
preservation (EHP) regulations, laws and Executive Orders as applicable. Subrecipients
proposing projects that have the potential to impact the environment, including but not limited to
constructionof communicationtowers, modificationor renovation of existing buildings, structures
and facilities, or new constructionincluding replacement of facilities, mustparticipatein the
DHS/FEMA EHP review process. TheEHP review process involves the submissionofa detailed
project descriptionthat explains the goals and objectives of the proposed projectalong with
supporting documentation sothat DHS/FEMA maydetermine whether the proposed project has
the potential to impact environmental resources and/or historic properties. In somecases,
DHS/FEMA is also required to consult with other regulatory agencies and the public in order to
completethe review process. TheEHP review process must becompletedbefore funds are
released to carryout the proposedproject. If ground disturbing activities occurduring project
implementation, the Subrecipientmustensuremonitoring of ground disturbanceand if any
archeologicalresources arediscovered, the Subrecipient shall immediatelyceaseconstructionin
that area and notify FEMA, AZDOHS and the appropriate State Historic Preservation Office.
DHS/FEMA will not fund projects that are initiated without the required EHP review.
Additionally, all recipients are required to complywith DHS/FEMA EHP Policy Guidance. This
EHP Policy Guidance can be found in FP108-023-1, Environmental Planning and Historic
Preservation PolicyGuidance, and FP108-024-4, Environmental Planning and Historical
Preservation Policy.
In addition to the above mentioned guidance documents, thefollowing provisions mustbe
adhered to:
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Consultants/Trainers/TrainingProviders
Invoices for consultants/trainers/trainingproviders mustincludeat a minimum: a descriptionof
services; dates of services; number of hours for services performed; ratecharged for services;
and, the total cost of services performed. Consultant/trainer/training provider costs mustbe
within the prevailing rates; mustbe obtained under consistent treatmentwiththe procurement
policies of the Subrecipient and 2 CFR 200; and shall not exceed the maximum of $450 per day
per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS.
In addition to the per day $450 maximum amount,the consultant/trainer/training provider maybe
reimbursedreasonable travel, lodging, mealand incidental expenses not to exceed the State
rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will
not be reimbursedcosts other thantravel, lodging, meals and incidentals on travel days for
consultants/trainers/trainingproviders.
Contractors/Subcontractors
The Subrecipient may enter into written subcontract(s) forperformanceofcertainof its functions
under the Agreement in accordancewithterms establishedin 2 CFR 200 and the applicable
NOFO. The Subrecipientagrees and understands that no subcontract that the Subrecipient
enters into withrespect to performanceunder this Agreement shallin any way relieve the
Subrecipient of any responsibilities for performanceof its duties. The Subrecipient shall give the
AZDOHS immediatenotice in writing by certifiedmail of any action or suit filed and promptnotice
of any claim madeagainst the Subrecipient by any subcontractor or vendor which,in the opinion
of the Subrecipient, mayresult in litigation related in any way to this Agreement.
TravelCosts
All grant funds expended for travel, lodging, and meals and incidentals mustbe consistent with
the subrecipient’s policies and procedures; and the State of Arizona Accounting Manual (SAAM);
must be applied uniformly to both federally financed and other activities of the agency; and will be
reimbursedat the most restrictiveallowability and rate. At no timewill the Subrecipient’s
reimbursement(s) exceedtheState rate established by the ArizonaDepartment of Administration,
General AccountingOfficeTravel Policies:https://gao.az.gov .
Procurement
The Subrecipient shall comply with its own procurement rules/policies and mustalsocomplywith
Federal procurement rules/policies and all Arizona state procurementcodeprovisions and rules.
The Federal intent is that all Homeland SecurityFunds are awardedcompetitively. The
Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement
Agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive
Procurement Request Form and instructions arelocated on the AZDOHS website:
www.azdohs.gov .
TrainingandExercise
The Subrecipient agrees that any grant funds usedfor training and exercise mustbe in
compliancewith the applicable NOFO.All training mustbe included and approved in your
application and/or approved through the DEMA/AZDOHS training request process prior to
execution of training contract(s).All exercises mustutilizeand complywith the FEMA Homeland
SecurityExerciseand Evaluation Program (HSEEP)guidancefor exercisedesign, development,
conduct, evaluation and reporting. The Subrecipient agrees to:
a) Submitan exercisesummaryandattendance/sign-in roster to AZDOHS with all related
reimbursement requests.
b) Emailthe After Action Report/Improvement Plan (AAR/IP) to the local County Emergency
Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs
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(DEMA) ExerciseBranchwithin 90 days of completionof an exerciseor as prescribedby the
most currentHSEEP guidance.
NonsupplantingAgreement
The Subrecipient shall not use funds received under this Agreement to supplant Federal, State,
Tribal or Local funds or other resources thatwould otherwisehave been madeavailable for this
program/project. The Subrecipient maybe requiredto demonstrateand document that a
reduction in non-Federal resources occurredforreasons other than the receipt of expected
receipt of Federal funds. Further, if aposition createdby agrant is filled from within, the vacancy
createdby this action mustbe filled within thirty (30) days. If the vacancy is not filled within thirty
(30) days, the Subrecipient must stopcharging the grant for the new position. Upon filling the
vacancy,the Subrecipientmay resumechargingfor the grant position.
E-Verify
Compliancerequirements for A.R.S. section41-4401—immigrationlaws and E-Verify
requirement.
a) The Subrecipient warrants its compliancewithall State and Federal immigrationlaws and
regulations relating to its employees and to employees of any contractor or subcontractor
retained through Subrecipient to provide goods or services related to this Agreement,
including but not limited to A.R.S. section23-214, SubsectionA(that subsectionreads: “After
December 31, 2007, every employer, after hiring an employee, shallverify the employment
eligibility of the employeethrough the E-Verify program”).
b) A breachof a warrantyby Subrecipient regarding compliancewith immigrationlaws and
regulations shall be deemed a material breachof this Agreement and the Subrecipient may
be subject to penalties to be determined at AZDOHS’s discretion, up to and including
termination of this Agreement.
c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who
works on the Agreement, and to those of any employee of any contractor orsubcontractor
retained through Subrecipient to provide goods or services related to this Agreement, to
ensurethat the Subrecipient is complying withthe warrantyunder paragraph (a) above.
PropertyControl
Effective controland accountability must bemaintained by Subrecipient for all property/equipment
purchasedunder this Agreement. The Subrecipient must adequately safeguard all such
property/equipment and must assurethat it is usedfor authorizedpurposes as describedin the
NOFO, grant application, and Code of Federal Regulations 2 CFR200. The Subrecipient shall
exercisecaution in the use, maintenance, protection and preservation of suchproperty.
a) Property/equipment shall be used by the Subrecipient in the program or projectfor whichit
was acquired as long as needed, whether or not the program or project continues to be
supported by federal grant funds. Subrecipient is required to maintain and utilize equipment
as outlined in 2 CFR 200.313 - Equipment.Any loss,damage, ortheft shallbe investigated
and reported to the AZDOHS.
b) Nonexpendable Property/Equipment and Capital Assets:
1. Nonexpendable Property/Equipment is property whichhas a continuing use,is not
consumedinuse, is of a durable nature withan expected servicelife of one or more
years, has an acquisition cost of $5,000 (Five ThousandDollars) ormore, and does not
becomea fixture or lose its identity as a componentof other equipment or systems.
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2. A Capital Asset is any personalor real property, or fixture that has an acquisition cost of
$5,000 (Five ThousandDollars) or moreper unit and a usefullife of morethan one year.
c) A Property Control Form (if applicable) shall be maintained for the entire scopeof the program
or projectfor whichproperty was acquired through the end of its useful life and/or
disposition. All Nonexpendable Property and Capital Assets must beincluded on the Property
Control Form.The Subrecipient shall provide AZDOHS a copy of the Property Control Form
with the final quarterly programmatic report. The Property Control Form can be located at
www.azdohs.gov .The Subrecipient agrees to be subject to equipment monitoringand
auditing by state or federal authorized representatives to verify information.
d) A physicalinventory of Nonexpendable Property/Equipment and Capital Assets mustbe
taken and the results reconciledwith the Property Control Form at least once every two years.
1. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft shall be investigated and
reported to AZDOHS.
2. Adequate maintenanceprocedures must be developed to keep the property in good
condition.
e) WhenNonexpendable Property/Equipment and/or Capital Assets are no longer in operational
use by the Subrecipient, an updated PropertyControl Form must be submittedto AZDOHS
immediately. The disposition of equipment shall be in compliancewith the AZDOHS
DispositionGuidance and 2 CFR200. If the Subrecipient is requesting dispositionof Capital
Assets for reasons other than theft, destruction,or loss, the Subrecipient mustsubmit an
Equipment DispositionRequestForm and receive approval prior to the disposition. The
Equipment DispositionRequestForm canbe found at www.azdohs.gov .
Allowable Costs
The allowability of costs incurredunder this agreement shall be determinedin accordancewith
the general principles of allowability and standards for selectedcost items as setforth in the
applicable Code of Federal Regulations, authorized equipment lists, and guidance documents
referenced above.
a) The Subrecipient agrees that grant funds for any indirect costs that may be incurredare in
accordancewith2 CFR200 and the applicable NOFO.Indirect costs mustbeapplied for and
approved in writing by the AZDOHS prior to expenditure and reimbursement.
b) The Subrecipeint agrees that grant funds are not to be expended for any Management and
Administrative (M&A) costs thatmay be incurredby the Subrecipient for administering these
funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in
compliancewith the applicable NOFO.
VIII.DEBARMENT CERTIFICATION
The Subrecipient agrees to complywith the Federal Debarment and Suspensionregulations as
outlined in the “CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion– LowerTier Covered Transactions.” All recipients must complywith Executive Orders
12549 and 12689, and 2 CFR200 Part 180 whichprovide protection against waste,fraud, and
abuse by debarring or suspending thosepersons deemed irresponsiblein their dealings with the
Federal government.
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IX.FUNDS MANAGEMENT
The Subrecipient must maintainfunds received under this Agreement in separate ledger
accounts andcannot mix thesefunds with funds from other sources. The Subrecipient must
manage funds accordingto applicable Federal regulations for administrative requirements, costs
principles, and audits.
The Subrecipient must maintain adequate business systems to complywith Federal
requirements. The business systems that must bemaintained are:
∑Financial Management
∑Procurement
∑Personnel
∑Property
∑Travel
A system is adequate if it is 1) written; 2) consistentlyfollowed – it applies in all similar
circumstances;and3) consistentlyapplied – it applies to all sources offunds.
X.REPORTINGREQUIREMENTS
Regular reports by the Subrecipient shall include:
a) Programmatic Reports
The Subrecipient shall provide quarterly programmatic reports tothe AZDOHS within fifteen
(15) calendar days of the last day of the quarter in whichservices areprovided. The
Subrecipient shall usethe form provided by the AZDOHS to submit quarterly programmatic
reports. The report shall contain suchinformation as deemed necessarybythe AZDOHS.
The Subrecipient shall use the Quarterly Programmatic Reportform,whichis postedat
www.azdohs.gov .If the scopeof the project has been fully completedand implemented,and
there will be no further updates, then the quarterly programmatic reportfor the quarter in
whichthe project was completedwill be sufficientas the final report. The report should be
markedas final and should be inclusive of all necessaryandpertinent information regarding
the project as deemednecessaryby the AZDOHS. Quarterlyprogrammatic reports shallbe
submittedto the AZDOHS until the entire scopeof the project is completed.
b) Subrecipients must provide substantial/detailed information as to the status of completionof
the milestones included in the application (not applicableto OperationStonegarden). Failure
to adequately provide completeinformation will result in the Quarterly Reportbeing rejected
and resubmissionwillbe required.
c) Quarterly Programmatic Reports aredue:
January 15 (for the period from October 1– December 31)
April 15 (for the period from January 1 – March 31)
July 15 (for the period from April 1 – June 30)
October 15 (for the period from July 1 – September 30)
d) Final QuarterlyReport:
The final quarterly report is due no morethan fifteen (15) calendar days after the end of the
performanceperiod. Subrecipient may submit afinal quarterly report prior to the end of the
performanceperiod if the scopeofthe project has been fully completedand implemented. The
Property Control Form is due withthe final quarterly report (if applicable).
e) Property Control Form – if applicable:
The Subrecipient shall provide the AZDOHS a copyof the Property ControlForm with the
final quarterly report.
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a. In caseof equipment disposition:
The Property Control Form shall be updated and a copy provided to AZDOHS no
morethan forty-five (45) calendar days after equipment disposition, if applicable. The
disposition of equipment must be in compliancewiththe AZDOHS Disposition
Guidance and 2 CFR200.313.
f) Financial Reimbursements
The Subrecipient shall provide AZDOHS requestfor reimbursement asfrequentlyas
monthly but not lessthan quarterly.Reimbursement requests areonlyrequired when
expenses have been incurred. Reimbursementrequests shallbe submittedwiththe
ReimbursementForm providedby the AZDOHS staff. The Subrecipientshall submita final
reimbursementrequestfor expenses received and invoiced prior to the end of the termination
of this Agreement no morethan forty-five (45)calendar days after the end of the
Agreement. Requests for reimbursementreceivedbyAZDOHS later than forty-five (45)
calendar days after the Agreement termination will not be paid. The final reimbursement
request as submittedshallbe markedas final.
Subrecipients will only be reimbursedfor expenses that have been obligated, expended and
received within the authorizedPeriod of Performanceas identified in SectionII of this
Agreement. Subrecipients are not authorizedto obligate or expend funds prior to the start
date of the Period of Performance. Any expenses obligated or expended prior to the Period
of Performancestartdate will be deemed unallowable and will not be reimbursed.Any
expenses/services thatoccurbeyond the Period of Performance(i.e. cell phone service)will
be deemed unallowable and will not be reimbursed.
The AZDOHS requires that all requests for reimbursementaresubmittedvia United States
PostalService, FedEx, UPS, etc. or in person. Reimbursementrequests submittedvia fax or
by any electronic means will not be accepted.
The AZDOHS reserves the right to request and/or require any supporting documentation
and/or information it feels necessaryin order to process reimbursements. Subrecipientshall
promptly provide AZDOHS with all suchdocuments and/or information.
All reports shall be submittedto the contactpersonas describedin Paragraph XXXVII, NOTICES,
of this Agreement.
XI.ASSIGNMENT AND DELEGATION
The Subrecipient may not assignany rights hereunder without the express,prior written consent
of both parties.
XII.AMENDMENTS
Any change in this Agreementincluding but not limited to the DescriptionofServices and budget
describedherein, whether by modification or supplementation, must beaccomplishedby a formal
Agreement amendmentsignedand approved by and between the duly authorized representative
of the Subrecipient and the AZDOHS. In the event of any new legislation, laws,ordinances, or
rules affecting this Agreement, the parties agree that the terms ofthis Agreement shall
automatically incorporatethe terms ofsuchnew legislation, laws,ordinances,or rules.
Any suchamendment shall specify: 1) an effective date; 2) any increases or decreases inthe
amount of the Subrecipient’s compensation,if applicable; 3) be titled as an “Amendment,” and 4)
be signed by the parties identified in the preceding paragraph. The Subrecipientexpressly and
explicitly understands and agrees that no other method of communication, includingany other
document, correspondence,act, or oral communicationbyor from any person,shall be usedor
construedas an amendmentor modificationor supplementation to this Agreement.
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XIII.US DEPARTMENT OF HOMELAND SECURITY AGREEMENTARTICLES
Article A – Acceptance of Post Award Changes
In the event FEMA determines that changes arenecessaryto this Agreement after it has been
entered into, including changes to period of performanceorterms and conditions,the
Subrecipient will be notified of the changes in writing. Oncenotification has been made, any
subsequent request for funds by Subrecipient will constituteSubrecipient’s acceptanceof the
changes to this Agreement and the incorporation of suchchanges into this Agreement.
Article B - Dispositionof EquipmentAcquired Under the FederalAward
Whenoriginal or replacement equipment acquired in conjunction withthis Agreement by the
Subrecipient is no longer needed for the original project or program or for other activities currently
or previously supported by DHS/FEMA, the Subrecipientmust request instructions from
DHS/FEMA via AZDOHS by submittingan Equipment DispositionRequest Form in order to make
proper disposition of the equipment pursuantto 2 CFR section200.313.
Article C - DHS SpecificAcknowledgements andAssurances
Subrecipient hereby acknowledges and agrees—andagrees to require any contractors,
successors, transferees,andassignees acknowledgeand agree—tocomplywith applicable
provisions governing DHS access torecords, accounts, documents, information,facilities,and
staff.
1. Subrecipient hereby agrees to cooperatewith any compliancereview or complaint
investigation conductedby DHS.
2. Subrecipient hereby agrees to give DHS access to and the right to examineand copy
records,accounts, andother documents and sources ofinformation related to the grant and
permit access tofacilities, personnel, and other individuals and information as may be
necessary,as required by DHS regulations and other applicable laws or program guidance.
3. Subrecipient hereby agrees to submit timely, complete, and accuratereports to the
appropriate DHS officials and maintain appropriate backup documentationto support the
reports.
4. Subrecipient hereby agrees to complywith all other specialreporting, data collection, and
evaluation requirements, as prescribedby law or detailed in program guidance.
5. If, during the pastthree years, the Subrecipient has been accusedofdiscriminationon the
grounds of race,color, national origin (including limited Englishproficiency), sex,age,
disability, religion, orfamilial status,the Subrecipient shall provide a list of all such
proceedings, pending or completed,including outcomeand copies of settlement agreements
to the DHS financial assistanceofficeandthe DHS Officeof Civil Rights and Civil Liberties
(CRCL)byemail at crcl@hq.dhs.gov or by mail at U.S. Department of HomelandSecurity
Officeof Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington,D.C.
20528.
6. In the event any court or administrativeagency makes a finding of discriminationby
Subrecipient (or any of its contractors or subcontractors involvedin providing goods or
services under this Agreement) on grounds of race, color, national origin (including limited
English proficiency),sex, age, disability, religion, or familial status against the recipient, or
the recipient settles a caseor matter alleging suchdiscrimination,Subrecipient mustforward
a copy of the complaint and findings to the DHS financial assistanceofficeand the CRCL
office by email or mail atthe addresses listedabove.
Subrecipient hereby acknowledges and agrees that the United States has the right to seek
judicial enforcementof these obligations.
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Article D - Use of DHSSeal,Logoand Flags
Subrecipient hereby acknowledges that it mustobtain DHS’s approval priorto usingthe DHS
seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including
use of the United States Coast Guard seal, logo, crests orreproductions of flags or likenesses of
Coast Guard officials.
Article E - USA PatriotAct of 2001
Subrecipient hereby acknowledges and agrees that it must complywiththe requirements of the
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act (USA PATRIOT Act), whichamends 18 U.S.C. section 175–175c.
Article F - TraffickingVictims ProtectionAct of 2000
Subrecipient hereby acknowledges and agrees that it must complywiththe requirements of the
government-wide awardterm whichimplements Section106(g) of the Trafficking Victims
ProtectionAct (TVPA) of 2000, as amended (22 U.S.C. section 7104). The awardterm is located
at 2 CFR Part 175.
Article G - Lobbying Prohibitions
The Subrecipient hereby acknowledges and agrees that it must complywith 31 U.S.C. section
1352, and acknowledges and agrees that none of the funds provided under this Agreementmay
be used to pay any personto influence, or attempt to influence an officer or employee of any
agency (whether State or Federal), a Member of Congress, anofficer or employee of Congress,
or an employee of a Member of Congress in connectionwith any Federal action concerning the
awardor renewal.
Article H - Hotel andMotel Fire SafetyAct of 1990
In accordancewithSection 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section
2225(a), the Subrecipient hereby acknowledges and agrees that it must ensurethat all
conference, meeting, convention, or training spacefunded in wholeor in part with Federal funds
complies withthe fire prevention and control guidelines of the Federal Fire Prevention and
Control Act of 1974, 15 U.S.C. section2225.
Article I - Fly America Act of 1974
The Subrecipient hereby acknowledges and agrees that it must complywith the following
Preferencefor U.S. Flag Air Carriers:Travelsupported by U.S. Governmentfunds requirement,
whichstates preference for the useof U.S. flag air carriers (air carriers holding certificates under
49 U.S.C. section41102) for international air transportation of people and property to the extent
that suchserviceis available, in accordancewith the International Air Transportation Fair
Competitive Practices Actof 1974 (49 U.S.C. section40118) and the interpretative guidelines
issuedby the Comptroller General of the United States in the March 31, 1981, amendmentto
Comptroller General DecisionB138942.
Article J -FederalDebt Status
The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in their
repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances,and benefit overpayments. SeeOMB Circular A-129.
Article K - False Claims Act and ProgramFraudCivilRemedies
The Subrecipient hereby acknowledges and agrees that it must complywith the requirements of
31 U.S.C. section3729 whichset forth that no recipient of federal payments shall submit a false
claim for payment. See also 38 U.S.C. sections 3801-3812 whichdetails the administrative
remedies for falseclaims and statements made.
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Article L - Duplicationof Benefits
Any costallocable to a particular Federal award,provided for in 2 CFR Part 200, Subpart E may
not be chargedto other Federal awards toovercome fund deficiencies, to avoid restrictions
imposedby Federal statutes, regulations, or terms and conditions of the Federal awards, or for
other reasons.However, this prohibition would not preclude a Subrecipient form shifting costs
that are allowable under two or moreFederal awards in accordancewithexisting Federal
statutes, regulations, or the terms and conditions of the Federal award.
Article M - Drug-FreeWorkplace Regulations
The Subrecipient hereby acknowledges and agrees that it must complywith the Drug-Free
WorkplaceAct of 1988 (412 U.S.C. section701 et seq.),whichrequires that all organizations
receiving grants from any Federal agency agree to maintain a drug-free workplace. The
Subrecipient must complywithdrug-free workplace requirements in Subpart B (or Subpart C, if
the recipient is an individual) of 2 CFRPart 3001, whichadopts the Government-wide
implementation (2 CFR Part182) of sec. 5152-5158 of the Drug-FreeWorkplaceAct of 1988
(Pub. L. 100-690, Title V, Subtitle D; 41 USC 8101-8107).
Article N - Copyright
The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright
notices of 17 U.S.C. sections 401or 402 and an acknowledgement of Government sponsorship
(including award number) to any work firstproduced under Federal financial assistanceawards.
Article O - BestPracticesfor CollectionandUse of PersonallyIdentifiable Information(PII)
The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a
publicly-available privacy policy that describes whatPII they collect, how they usethe PII,
whether they share PII with third parties, and how individuals may have their PII correctedwhere
appropriate. Award recipients mayalso find as a useful resourcethe DHS Privacy Impact
Assessments: PrivacyGuidanceand Privacytemplate respectively.
Article P - Activities ConductedAbroad
The Subrecipient hereby acknowledges and agrees that it must ensurethat project activities
carriedon outside the United States are coordinated as necessarywithappropriate government
authorities and that appropriate licenses,permits, or approvals are obtained.
Article Q - Acknowledgementof Federal FundingfromDHS
The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal
funding whenissuing statements, press releases, requests for proposals, bid invitations, and
other documents describingprojects or programs funded in whole or in part with Federal funds.
Article R - Assurances, Administrative RequirementsandCost Principles, andAudit
Requirements
The Subrecipient hereby acknowledges and agrees that it must completeOMB Standard Form
424B Assurances –Non-ConstructionPrograms,or OMB Standard Form 424D Assurances –
ConstructionPrograms as applicable. Certain assurances inthis documentmaynot be applicable
to this Agreement, and the awardingagency may require applicants to certify additional
assurances.Pleasecontact the program awarding office if you have any questions.
Article S - Age Discrimination Act of 1975
The Subrecipient hereby acknowledges and agrees that it must complywith the requirements of
the Age DiscriminationAct of 1975 (42 U.S.C. section6101 etseq.), whichprohibits
discriminationon the basis of age in any program or activity receiving Federal financial
assistance.
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Article T - Americans with DisabilitiesAct of 1990
The Subrecipient hereby acknowledges and agrees that it shallcomply withall State and Federal
equal opportunity and non-discriminationrequirements and conditions of employment, including
but not limitedto Arizona Executive Order 2009-9 and the requirements of Titles I, II, and III of the
Americans with Disabilities Act, whichprohibits recipients from discriminatingon the basis of
disability in the operation of public entities, public and private transportation systems,places of
public accommodation, andcertain testing entities (42 U.S.C. sections 12101–12213).
Article U - CivilRightsAct of 1964 - Title VI
The Subrecipient hereby acknowledges and agrees that it must complywith the requirements of
Title VI of the Civil Rights Act of 1964 (42 U.S.C. section2000d et seq.), codified at 6 CFR Part
21 and 44 CFRPart 7, whichprovides that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be
subjectedto discriminationunder any program or activity receiving Federal financial assistance.
Article V - Civil RightsAct of 1968
The Subrecipient hereby acknowledges and agrees that it must complywith Title VIII of the Civil
Rights Act of 1968, whichprohibits recipients from discriminatingin the sale,rental, financing,
and advertising of dwellings, or in the provision of services in connectiontherewith,on the basis
of race, color, national origin, religion, disability, familial status,and sex (42 U.S.C. section3601
et seq.), as implementedby the Department of Housing and Urban Development at 24 CFRPart
100. The prohibition on disability discriminationincludes the requirementthat new multifamily
housing with four or moredwelling units—i.e., the public and commonuseareas and individual
apartment units (all units in buildings with elevators and ground-floor units in buildings without
elevators)—be designedand constructedwithcertainaccessiblefeatures (see24 CFR section
100.201).
Article W - Limited EnglishProficiency(CivilRightsAct of 1964, Title VI)
The Subrecipient hereby acknowledges and agrees that it must complywith the Title VI of the
Civil Rights Act of 1964 (Title VI) prohibition against discriminationon the basis ofnational origin,
whichrequires that recipients of federal financial assistancetakereasonable steps to provide
meaningful access to persons withLimited EnglishProficiency(LEP) to their programs and
services.For additional assistanceandinformationregarding language access obligations,
please refer to the DHS Recipient Guidance https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited andadditional
resources on http://www.lep.gov.
Article X - SAFECOM
The Subrecipient hereby acknowledges and agrees that recipients who receive awards made
under programs that provide emergencycommunicationequipment and its related activities must
complywith the SAFECOMGuidance for EmergencyCommunicationGrants, including
provisions on technicalstandards that ensure and enhance interoperable communications.
Article Y - EducationAmendments of 1972 (EqualOpportunityin Education Act) – Title IX
The Subrecipient hereby acknowledges and agrees that it must complywith the requirements of
Title IX of the Education Amendments of 1972 (20 U.S.C. section1681 et seq.), whichprovides
that no person in the United States will, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discriminationunder any educational program or activity
receiving Federal financial assistance.Theseregulations are codified at 6 CFRPart 17 and 44
CFRPart 19.
Article Z - RehabilitationAct of 1973
The Subrecipient hereby acknowledges and agrees that it must complywith the requirements of
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as amended, which
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provides that no otherwisequalified handicapped individual in the United States will, solely by
reason of the handicap, be excluded from participation in, be denied the benefits of, or be
subjectedto discriminationunder any program or activity receiving Federal financial assistance.
Theserequirements pertain to the provision of benefits or services as wellas to employment.
Article AA - EnergyPolicy and ConservationAct
The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of
42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the
state energy conservation plan issued in compliance with this Act.
Article AB - Patentsand IntellectualPropertyRights
Unless otherwiseprovided by law, the Subrecipienthereby acknowledges and agrees that it is
subjectto the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. section
200 et seq., and that it is subject to the specific requirements governing the development,
reporting, and dispositionof rights to inventions and patents resultingfrom financial assistance
awards are in 37 CFR Part 401 and the standardpatent rights clausein 37 CFR section401.14.
Article AC - Procurementof RecoveredMaterials
The Subrecipient hereby acknowledges and agrees that it must complywith section6002 of the
Solid Waste DisposalAct, as amended by the ResourceConservationand RecoveryAct, and
that the requirements of Section6002 include procuringonly items designated in guidelines of the
Environmental ProtectionAgency (EPA) at 40 CFRPart 247 that contain the highest percentage
of recovered materials practicable,consistent with maintaining a satisfactorylevel of competition.
Article AD - Terrorist Financing
The Subrecipient hereby acknowledges and agrees that it mustcomplywith U.S. Executive Order
13224 and U.S. law that prohibit transactions with,and the provisions of resources andsupport
to, individuals and organizations associatedwith terrorism. It is the legal responsibilityof the
Subrecipient to ensure compliancewiththe Order and laws.
Article AE - Whistleblower Protection Act
The Subrecipient hereby acknowledges and agrees that it must complywith the statutory
requirements for whistleblowerprotections (if applicable) at 10 U.S.C section2409, 41 U.S.C.
4712, and 10 U.S.C. section2324, 41 U.S.C. section4304 and 4310.
Article AF - Reportingof MattersRelatedtoRecipient IntegrityandPerformance
If the total value of your currentlyactive grants, cooperative agreements, and procurement
contracts from all Federal assistanceoffices exceeds $10,000,000for any period of time during
the period of performanceof this Federal award,you must complywiththe requirements set forth
in the government-wideAward Term and Condition for Recipient Integrity and, Performance
Matters locatedat 2 CFRPart 200 Appendix XII, the full text of whichis incorporated here by
referencein the terms andconditions of your award.
Article AG - ReportingSubawardsandExecutive Compensation
All Subrecipients are required to complywith the requirements set forth in the government-wide
Award Term on Reporting Subawards and Executive Compensationlocatedat 2 CFRPart 170,
Appendix A, the full text of whichis incorporatedhere by referencein the terms andconditions of
your award.
Article AH - Federal LeadershiponReducingTextMessagingwhile Driving
All Subrecipients are encouraged to adopt and enforcepolicies that ban text messagingwhile
driving as describedin E.O.13513, including conductinginitiatives describedin Section 3(a) of
the Order whenon official Government business orwhen performing any work for or on behalf of
the federal government.
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Article AI – Nondiscrimination in MattersPertainingtoFaith-BasedOrganizations
It is DHS policy to ensurethe equal treatmentof faith-based organizations in socialservice
programs administeredor supportedby DHS or its component agencies, enabling those
organizations to participate in providing important social services tobeneficiaries. All
Subrecipients must complywiththe equal treatment policies and requirements containedin 6
CFRPart 19 and other applicable statutes, regulations, and guidance governing the participations
of faith-based organizations in individual DHS programs.
Article AJ – National Environmental PolicyAct
All Subrecipients must complywith the requirements of the National Environmental Policy Act
(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the
ProceduralProvisions of NEPA, whichrequires Subrecipients to useall practicablemeans within
their authority, and consistent with other essentialconsiderations of national policy, to create and
maintain conditions under whichpeople and nature canexist in productiveharmony and fulfill the
social,economic,and other needs of present and future generations of Americans.
XIV.OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to securityand identity protection concerns, allservices under this Agreement shall be
performedwithin the borders of the United States. All storage and processingof information shall
be performed within the borders of the United States. This provision applies to work performed
by the Subrecipient’s contractors and subcontractors at all tiers.
XV.AGREEMENT RENEWAL
This Agreementshall not bind nor purport to bind the AZDOHS for any contractualcommitmentin
excess of the original Agreement period.
XVI.RIGHT TO ASSURANCE
If the AZDOHS in good faith has reasonto believe that the Subrecipient does not intend to, or is
unable to perform or continue performing under this Agreement, the AZDOHS may demandin
writing that the Subrecipient give a writtenassuranceof intent to perform. If the Subrecipient fails
to provide writtenassurancewithin the number of days specified in the demand, the AZDOHS at
its option may terminatethis Agreement.
XVII.CANCELLATION FOR CONFLICT OF INTEREST
The AZDOHS may, by written noticeto the Subrecipient, immediatelycancelthis Agreement
without penalty or further obligation pursuant to A.R.S. section38-511 if any personsignificantly
involved in initiating, negotiating, securing, drafting, or creatingthe Agreement on behalf of the
State or its subdivisions (unit of LocalGovernment) is an employee or agent of any other party in
any capacity or a consultant to any other party to the Agreement with respect to the subject
matter of the Agreement. Suchcancellation shall be effective when the parties to the Agreement
receive written noticefrom the AZDOHS, unless the notice specifies a later time.
XVIII.THIRD PARTYANTITRUSTVIOLATIONS
The Subrecipient hereby assigns tothe Stateof Arizonaany claim for overcharges resulting from
antitrust violations to the extent that suchviolations concernmaterials or services suppliedby
third parties to Subrecipient towardfulfillment of this Agreement.
XIX.AVAILABILITY OF FUNDS
Every payment obligation of the AZDOHS under this Agreement is conditioned upon the
availability of funds appropriated or allocated for the payment of suchobligations under A.R.S.
section35-154. If the funds are not allocated and available for the continuance of this
Agreement, the AZDOHS may terminatethis Agreement at the end of the period for which funds
are available. No liability shall accrueto the AZDOHS in the event this provisionis exercised, and
the AZDOHS shall not be obligated or liable for any future payments or for any damages as a
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result of termination underthis paragraph, including purchases and/or contracts entered into by
the Subrecipient in the execution of this Agreement.
XX.FORCEMAJEURE
If either party hereto is delayed or prevented from the performanceof any act required in this
Agreement by reasonof acts of God, strikes,lockouts, labor disputes,civil disorder, or other
causes without fault and beyond the control of the party obligated, performanceof suchact will be
excusedfor the period of the delay.
XXI.PARTIAL INVALIDITY
Any term or provision of this Agreement that is hereafter declared contraryto any current
or future law, order, regulation, or rule, or whichis otherwiseinvalid, shall be deemedstricken
from this Agreement withoutimpairing the validity of the remainder of this Agreement.
XXII.ARBITRATION
In the event of any dispute arising under this Agreement, written noticeof the dispute mustbe
provided to the other party within thirty (30) calendar days of the events giving the rise to the
dispute. Any claim madeby or againstthe State or any of its political subdivisions (including but
not limited to AZDOHS) relating to this Agreementshall be resolved through the administrative
claims process. In the event that the parties would otherwisebe in courtand/or if A.R.S. section
12-1518 applies, the parties shall proceed in arbitration through the AmericanArbitration
Association(“AAA”), with the arbitrator to be selectedpursuant to AAA rules and the arbitration to
be conductedaccording to the applicable AAA rules, and with the costs ofarbitration (including
but not limitedto the arbitrator’s fees and costs) tobe divided 50/50 betweenthe parties, subject
to reallocation between the parties by the arbitrator. In the event that the parties become
involved in litigation with each other relating to this Agreement for any reason in any other forum,
both parties agree to have any claim(s) resolvedin arbitration on the terms setforth in this part
XXII. Any arbitration award maybe enforced through the Maricopa County Superior Court or the
U.S. District Courtlocated in Phoenix, Arizona.
XXIII.GOVERNING LAWAND CONTRACT INTERPRETATION
a) This Agreementshall be governed and interpreted in accordancewiththe laws of the State of
Arizona.
b) This Agreementis intended by the parties as a final and complete expressionoftheir
agreement. No courseof prior dealings betweenthe parties and no usageof the trade shall
supplement or explain any terms in this document.
c) Either party’s failure to insist on strict performanceofany term or condition of the Agreement
shall not be deemed a waiver of that term or condition even if the party accepting or
acquiescingin the nonconformingperformanceknows of the nature of the performanceand
fails to object.
XXIV.ENTIREAGREEMENT
This Agreementconstitutes the entire Agreement between the parties hereto pertaining to the
subject matter hereof and maynot be changed oradded to except by a writing signed by all
parties hereto in conformitywith Paragraph XII, AMENDMENTS. The Subrecipient agrees to
complywith any suchamendmentwithin ten (10) business days of receipt of a fully executed
amendment. All prior and contemporaneous agreements, representations, andunderstandings of
the parties, oral, written, pertaining to the subjectmatter hereof, are hereby supersededor merged
herein.
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XXV.LICENSING
The Subrecipient, unless otherwiseexempted by law, shall obtain and maintain all licenses,
permits,and authority necessarytoperform those acts it is obligated to perform underthis
Agreement.
XXVI.SECTARIAN REQUESTS
Funds disbursedpursuant to this Agreement maynot be expended for any sectarianpurpose or
activity, including sectarianworshipor instruction in violation of the United States or Arizona
Constitutions.
XXVII.ADVERTISING AND PROMOTIONOF AGREEMENT
The Subrecipient shall not advertise or publish information for commercialbenefitconcerning this
Agreement without the written approval of the AZDOHS.
XXVIII.OWNERSHIP OF INFORMATION,PRINTED AND PUBLISHED MATERIAL
The AZDOHS reserves the right to review and approve any publications funded or partially
funded through this Agreement. All publications funded or partially funded through this
Agreement shall recognizethe AZDOHS and the U.S. Department of Homeland Security. The
U.S. Departmentof Homeland Security and the AZDOHS shall have full and completerights to
reproduce, duplicate, disclose,perform,and otherwise useall materials preparedunder this
Agreement.
The Subrecipient agrees that any report, printed matter,or publication (written, visual, or sound,
but excluding press releases,newsletters, and issueanalyses)issuedby the Subrecipient
describingprograms or projects funded in whole or in part with Federal funds shall contain the
following statement:
"This document was prepared under a grant from the U.S. Departmentof
Homeland Security. Points of view or opinions expressedin this documentare
those of the authors and do not necessarilyrepresent the official position or
policies of the U.S. Department of Homeland Security."
The Subrecipient also agrees that one copyof any suchpublication, report, printed matter, or
publication shallbe submittedto the AZDOHS to be placed on file and distributed as appropriate
to other potential subrecipients or interested parties. The AZDOHS maywaive the requirement
for submissionofany specific publication upon submissionofa requestproviding justification
from the Subrecipient.
The AZDOHS and the Subrecipientrecognize that researchresultingfrom this Agreement has
the potential to becomepublic information. However, prior to the termination of this Agreement,
the Subrecipient agrees that no research-baseddata resulting from this Agreement shall be
published or otherwise distributed in any form without express written permission from the
AZDOHS and possibly the U.S. Departmentof HomelandSecurity. It is alsoagreed that any
report or printed matter completedas a part of this agreement is a work for hire and shall not be
copyrighted by the Subrecipient.
XXIX.CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS
Any television public serviceannouncement that is produced orfunded in whole or in part by the
Subrecipient shall include closedcaptioning of the verbal contentof suchannouncement.
XXX.INDEMNIFICATION
Eachparty (as "Indemnitor") agrees to defend, indemnify,and hold harmless theother party (as
"Indemnitee") from and against any and all claims,losses,liability, costs, orexpenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily
injury of any person (including death) or property damage, but only to the extent that suchClaims
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whichresult in vicarious/derivative liability to the Indemnitee are causedby the act, omission,
negligence, misconduct,orother fault of the Indemnitor, its officers, officials, agents, employees,
or volunteers. The Stateof Arizona, (AZDOHS) is self-insuredper A.R.S. 41-621.
In addition, should Subrecipientutilize a contractor(s) andsubcontractor(s),the indemnification
clausebetween Subrecipient and contractor(s) andsubcontractor(s) shallincludethe following:
Contractor shall defend, indemnify,and hold harmless the (insertnameof other
governmentalentity) and the State of Arizona,and any jurisdiction or agency issuingany
permits for any work arising out of this Agreement,and its departments, agencies,boards,
commissions,universities,officers, officials, agents, andemployees (hereinafter referred
to as “Indemnitee”) from and against any and all claims,actions, liabilities, damages,
losses,orexpenses (including court costs, attorneys’fees, and costs ofclaim processing,
investigation and litigation) (hereinafter referredto as “Claims”) for bodily injury or personal
injury (including death), or loss or damageto tangible or intangible property caused,
or alleged to be caused,in whole or in part, by the negligent or willful acts or
omissions ofthe contractor or any of the directors, officers,agents, or employees or
subcontractors ofsuchcontractor. This indemnity includes any claim or amount arising
out of orrecoveredunder the Workers’CompensationLaw or arising out of the failure of
suchcontractor to conform to any federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee
shall, in all instances,except for Claims arisingsolely from the negligent or willful acts or
omissions ofthe Indemnitee, be indemnified by suchcontractor from and againstany and
all claims. Itis agreed that suchcontractor will be responsiblefor primary loss
investigation, defense and judgment costs where this indemnification is applicable.
Additionally on all applicable insurancepolicies,contractor and its subcontractors shall
namethe State of Arizona, and its departments, agencies,boards, commissions,
universities, officers, officials, agents, and employees as an additional insured and also
include a waiver of subrogation in favor of the State.
XXXI.TERMINATION
a) All parties reservethe right to terminatethe Agreement in whole or in part due to the failure of
the Subrecipient or AZDOHS to complywith any term or condition of the Agreement, to
acquire and maintain all required insurancepolicies,bonds, licenses,andpermits or to make
satisfactoryprogress inperforming the Agreement. The staff of either party shall provide a
written thirty (30) day advance notice of the termination and the reasons for it.
b) If the Subrecipientchooses to terminatethe Agreement before the grant deliverables have
been met then the AZDOHS reserves the right to collectall reimbursements distributedto the
Subrecipient.
c) The AZDOHS may, upon termination of this Agreement, procure,on terms and in the manner
that it deems appropriate, materials or services toreplace those under this Agreement. The
Subrecipient shall be liable to the AZDOHS for any excess costs incurredbythe AZDOHS in
procuring materials or services insubstitution for those due from the Subrecipient.
XXXII.CONTINUATION OF PERFORMANCE THROUGH TERMINATION
The Subrecipient shall continue to perform, in accordancewiththe requirements of the
Agreement, up to the date of termination, as directedin the termination notice.
XXXIII.PARAGRAPH HEADINGS
The paragraph headings in this Agreement are for convenience of referenceonly and do not
define, limit, enlarge, or otherwiseaffect the scope,construction, or interpretation of this
Agreement or any of its provisions.
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Page 18
XXXIV.COUNTERPARTS
This Agreement may be executed in any number of counterparts, copies, or duplicate originals.
Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively
they shall constitute one agreement.
XXXV.AUTHORITY TOEXECUTETHISAGREEMENT
Each individual executing this Agreement on behalf of the Subrecipient represents and warrants
that he or she is duly authorized to execute this Agreement.
XXXVI.SPECIAL CONDITIONS
a) The Subrecipient must comply withthe most recent version of the Administrative
Requirements, Cost Principles,and Audit requirements.
b) The Subrecipient acknowledges that the U.S. Department of Homeland Securityand the
AZDOHS reservea royalty-free, non-exclusive, and irrevocable licenseto reproduce, publish,
or otherwiseuse,and authorizeothers to use, for Federal government purposes: (a) the
copyright in any workdeveloped under an award or sub-award;and (2) any rights of copyright
to whicha subrecipient purchases ownershipwith Federal support.The Subrecipient shall
consultwith the AZDOHS regarding the allocation of any patent rights that arisefrom, or are
purchasedwith, this funding.
c) The Subrecipient agrees to cooperate withany assessments, state/nationalevaluation efforts,
or information or data collection requests, including, but not limited to, the provision of any
information required for the assessmentor evaluation of any activities within this agreement.
d) The Subrecipient is prohibited from transferringfunds between programs (e.g.,State
Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden).
XXXVII.NOTICES
Any and all notices, requests, demands, or communications by either party to this Agreement,
pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or
shall be sent to the respective parties at the following addresses:
Arizona Department of Homeland Security
1700 WestWashingtonStreet, Suite 210
Phoenix, AZ 85007
The Subrecipient shall address all programmatic and reimbursement notices relative to this
Agreement to the appropriate AZDOHS staff; contactinformation at www.azdohs.gov.
The AZDOHS shall address all notices relative to this Agreementto:
CommanderJason Larter
Enter Title, First & Last Name Above
Oro Valley Police Department
Enter Agency Name Above
11000 N. La Cañada Drive
Enter Street Address Above
Oro Valley, AZ 85737
Enter City, State, ZIP Above
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Page 19
XXXVIII.IN WITNESS WHEREOF
The parties hereto agree to execute this Agreement.
FOR AND BEHALF OF THE FOR AND BEHALF OF THE
Oro Valley Police Department
Enter Agency Name Above
Arizona Department of Homeland Security
Authorized Signature Above Gilbert M. Orrantia
Mayor Satish I. Hiremath, D.D.S.
Print Name & Title Above
Director
Enter Date Above Date
(Completeand mail two original documents to the Arizona Department of HomelandSecurity.)
Town Council Regular Session Item # G.
Meeting Date:02/07/2018
Requested by: Amanda Jacobs Submitted By:Amanda Jacobs, Town
Manager's Office
Department:Town Manager's Office
Information
SUBJECT:
Greater Oro Valley Chamber of Commerce Quarterly Report: October 1, 2017
- December 31, 2017
RECOMMENDATION:
This report is for information only.
EXECUTIVE SUMMARY:
The FY 2015/16 Financial Participation Agreement (FPA) between the Town of Oro
Valley and the Greater Oro Valley Chamber of Commerce (Chamber) stipulates that a
quarterly report be compiled by the Chamber and submitted to the Economic
Development division and Town Council. The enclosed report satisfies the FPA
requirement for the second quarter of FY 2017/18.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
The fiscal impact is $30,000 from the Bed Tax Fund.
SUGGESTED MOTION:
N/A
Attachments
Chamber FPA
Chamber Q2 Report
1
QUARTERLY PROGRESS REPORT
Oct. 1-Dec. 31, 2017
Submitted To: Amanda Jacobs, Economic Development Manager
By: Dave Perry, President/CEO
In accordance with Resolution No. (R) 15-41
A. Tourism, Visitors Services and General Information
The Greater Oro Valley Chamber of Commerce has provided tourism and visitor’s services and
information to Town residents and seasonal tourists and anyone indicating an interest in locating a
business or residence in the Town over the past three months. Below is data on activity that the Chamber
has addressed through this quarter:
October – 12 relocation packages distributed
November – 15 relocation packages distributed
December – 20 relocation packages distributed
Business Recruitment, Retention and Outreach
1. The Chamber will continue to participate in the Town’s Business Retention and Expansion
(BR&E) Program.
The Chamber President / CEO participated in business retention and expansion visits with Bottega
Michelangelo; Proactive Physical Therapy; National Bank of Arizona; Saffron; OV Posh Nails and
Spa, Ragazzi Northern Italian Cuisine, Better Sounding, Lucky Cat Social Art, Firestone Car Care
Center.
2. To expand the Shop Oro Valley program, the Chamber will promote and distribute $500 gift
cards from local Oro Valley businesses at the Oro Valley Annual Tree Lighting Ceremony.
The Chamber distributed more than $500 in gift cards from Freddy’s Steakburgers, Blue Banana,
Giovanni’s Gelato Café, Jersey Mike’s, Panera Bread, Red Lobster, Chili’s and Native Wings at
the 2017 Festival of the Arts and tree lighting Dec. 2 at Oro Valley Marketplace.
3. The Chamber will provide two (2) $25 gift cards from local Oro Valley businesses for each
Musical Magic for Kids Concert in honor of Bill Adler, who donated raffle prizes each month to
this concert.
We purchased (2) $25 gift cards each at Saffron Indian Bistro and Fleet Feet.
4. The Chamber shall work to assist the Town in emphasizing the importance of supporting local
retailers/businesses through educational and promotional efforts and will display the following
materials at the Chamber offices: Shop Oro Valley Program and other economic development
related materials as deemed appropriate by the Chamber President/CEO and Economic
Development Manager.
The Chamber is currently displaying Shop Oro Valley bags, Joint Recreation Brochure and Map, Oro
Valley Marketing Brochure, Parks and Recreation Guides and Vista Newsletter.
2
5. The Chamber President will write the ‘Business Spotlight’ bi-monthly content for the Vista
Newsletter and Economic Development Division website.
This quarter, the Chamber provided stories and photographs about Tohono Chul Gardens, Galleries
and Bistro, and Sunline Design.
6. The Chamber will provide $25 Target gift cards to 18 children at the Shop with a Cop event in
December 2017.
This year, with more young people participating, the Chamber purchased $550 in Target gift cards to
support Shop with a Cop.
Special Events
1. The Chamber will coordinate ribbon cuttings for new Oro Valley businesses.
During the quarter, the Chamber cut ribbons at Bottega Michelangelo and The Artful Space in
October; Oro Valley Health and Wellness Chiropractic and the remodeled Keller Williams
Southern Arizona office in November; and Beyond Bookkeeping in December. We also conducted
an open house at Sleep Matters, and participated in the Nakoma Sky groundbreaking luncheon.
2. During this Agreement, Town officials will attend Chamber breakfasts, luncheons and mixers free
of charge as long as each official pre-registers for each event.
On Oct. 5, the Chamber hosted the 2017 Oro Valley State of the Town luncheon featuring Mayor
Satish I. Hiremath. We had 636 total guests, to include 8 tables of 10 for town employees.
3. During this Agreement, Town officials will attend Chamber breakfasts, luncheons and mixers free
of charge as long as each official pre-registers for each event.
Town official/staff attendance: October, 4; November, 0; December, 5.
4. Annual Chamber membership dues to be paid by the Town shall be included as part of the
monetary consideration of this Agreement.
Additional Information
In November, the Chamber spent $1,000 to purchase gift cards at Lambert and La Canada businesses
impacted by the road construction at those four corners.
The Chamber assisted Casas Christian School in its attempt to improve roadside signage, particularly along
La Cholla and Lambert. Town staff met with Josh Kempf from the school to forward the process.
On Nov. 30, the Chamber hosted a reception for new Town Manager Mary Jacobs at The Overlook. More
than 90 guests attended.
The Chamber hosted a network development mixer at Trouvaille Salon in November, participated in the
Project Graduation kick-off breakfast, and attended the 40th anniversary celebration at Golder Ranch
Fire District.
Town Council Regular Session Item # H.
Meeting Date:02/07/2018
Requested by: Amanda Jacobs Submitted By:Amanda Jacobs, Town
Manager's Office
Department:Town Manager's Office
Information
SUBJECT:
Visit Tucson Quarterly Report: October 1, 2017 - December 31, 2017
RECOMMENDATION:
This report is for information only.
EXECUTIVE SUMMARY:
The FY 2015/16 Financial Participation Agreement (FPA) between the Town of Oro
Valley and Visit Tucson stipulates that a quarterly report be compiled by Visit Tucson
and submitted to the Economic Development staff and Town Council. The enclosed
report satisfies the FPA requirement for the second quarter of FY 2017/18.
An additional report is included to illustrate the Town's return on investment (ROI) from
Visit Tucson during July 2017 - December 2017.
BACKGROUND OR DETAILED INFORMATION:
N/A
FISCAL IMPACT:
The fiscal impact is $275,000 from the Bed Tax Fund.
SUGGESTED MOTION:
N/A
Attachments
Visit Tucson FPA
Visit Tucson Second Quarter Report
Visit Tucson ROI
QUARTERLY PROGRESS REPORT
October through December 2017
Submitted To: Amanda Jacobs, Economic Development Manager
By: Brent DeRaad, President & CEO
In accordance with Resolution No. (R)15-42
Visit Tucson will initiate, implement and administer a comprehensive sales, promotion, and advertising program to
attract an increasing number of convention delegates and vacationing tourists to the Town, thereby providing
revenues to the community through transient rental and sales taxes, and contributing to the overall economic
growth and continued viability of the tourism and hospitality industry. Below is data on activity that Visit Tucson
has addressed through this quarter and fiscal year.
Ongoing focuses for Visit Tucson will be attracting meetings and leisure travelers to El Conquistador Tucson and
other Town hotels, bringing competitions to the Oro Valley Aquatic Center, endurance events to the Town, and
marketing attractions, including El Conquistador Golf & Tennis and Tohono Chul Park.
Key Measures of Performance Adopted FY
2017-18
Current
Quarter
FYTD
2017-18
FYTD
2016-17
Convention Sales
Bookings 19 17 27 10
Room Nights 14,861 8,062 11,101 8,880
Economic Impact $4,828,542 $2,996,534 $4,052,966 $2,684,098
Sports
Bookings 19 5 11 6
Room Nights 5,933 1,342 2,834 2,449
Economic Impact $2,585,052 $1,289,504 $2,059,876 $841,567
Travel Industry Sales
Promote to Targeted Tour Operator
Clients
1,000 278 352 1,612
Impressions Via Tour Operator Catalogs 1,000,000 1,176,300 1,281,300 2,781,400
Marketing
Users to Visit Tucson Website* 1,207,058 310,455 515,716 466,440
Users to Oro Valley microsite** 12,813 2,965 6,081 5,997
*16-17 reported unique visitors, not users. 17-18 users goal is 2% increase over 16-17 users, which was 1,183,390.
YTD totals are by date range, not adding quarters, which eliminates duplicate users.
**16-17 reported unique visitors, not users. 17-18 users goal is 2% increase over 16-17 users, which was 12,562.
YTD totals are by date range, not adding quarters, which eliminates duplicate users.
Visit Tucson’s 2017-18 Budgeted Revenue Budget Percentage
City of Tucson: $4,610,123 50%
Pima County: $3,465,882 38%
Town of Oro Valley: $275,000 3%
Pascua Yaqui Nation: $75,000 1%
Tohono O’odham Nation: $75,000 1%
Private Sector: $733,330 8%
Total: $9,234,335 100%
October-December 2017 Oro Valley Highlights
Page 2
Additional 2017-18 Visit Tucson Performance Measures
1. Oro Valley will be featured in the Visit Tucson Official Travel Guide, along with the
surrounding jurisdictions.
Result: The 2018 Visit Tucson Official Travel Guide will be distributed to partners, stakeholders, and
visitors beginning the week of January 15, 2018. The guide includes information about Oro Valley and
its tourism assets, including El Conquistador Tucson and El Conquistador Golf & Tennis.
2. Provide Oro Valley with a ½-page ad in the printed 2018 Official Travel Guide.
Result: The printed 2018 Official Travel Guide includes a ½-page ad for Oro Valley, valued at $5,370. A
full-page advertorial is also featured, valued at $8,900.
3. Promote Oro Valley events and attractions on Visit Tucson’s website and social media sites.
Information will be provided by Economic Development division staff or by New Media
Developer.
Result: Social media posts:
Visit Tucson
December 27, 2017 at 5:05pm ·
In 2017, the hard-working folks at Arizona State Parks won the National Recreation and Park
Association Gold Medal Award for best managed state park system in the nation! Just one more fantastic
reason to visit us... [pictured: Catalina State Park] http://ow.ly/sCfB30ftGZz
Visit Tucson
December 11, 2017 at 2:15pm ·
As packed to the ceiling as downtown and the west side are with historic and trendy eats, people
returning to visit family or just staying up on Tucson's northern rim can definitely chow down on some
wonderful food that stacks up favorably with the city's best. Do you have a favorite spot we haven't
listed here? #freeyourself http://ow.ly/te2030eek4g Town of Oro Valley - Government
October-December 2017 Oro Valley Highlights
Page 3
Visit Tucson
December 10, 2017 at 5:00pm ·
Are you new to birding? Catalina State Park offers guided bird walks at 7:30am on Sundays and
Wednesdays. These hikes are designed to entertain all levels of birders! Please bring binoculars and
come prepared for a lengthy hike through the gorgeous Arizona
desert! http://ow.ly/uAZw30gva96 #freeyourself [photo credit: Jim Themelis]
Visit Tucson
December 6, 2017 at 8:25am ·
Heirloom Farmers Markets at Steam Pump Ranch are happening up in Town of Oro Valley -
Government every 2nd Saturday! The next one will take place on December 9th-10th and it's a great
time to enjoy the fall weather and peruse some wonderful local produce and
more! http://ow.ly/STd030eF54p#freeyourself
Visit Tucson
December 5, 2017 at 11:55am ·
Red Lion Inn & Suites Tucson North - Foothills is a great place to anchor your Tucson adventures!
Located on the north side, close to nature but also just a very short drive from modern amenities and
shopping, the Red Lion offers a complimentary Hot Breakfast Buffet, Happy Hour, Wi-Fi, and an outdoor
heated pool and hot tub. Dive in and unwind! #freeyourselfhttp://ow.ly/OV1F30eB5ad
October-December 2017 Oro Valley Highlights
Page 4
Visit Tucson
December 1, 2017 ·
The holidays are in full swing across the Old Pueblo, from Town of Oro Valley - Government to San
Xavier Mission! Suffice it to say, we've got far too many exciting things going on in Tucson to include in a
single post, but what we can provide is this handy dandy running list of excellent holiday outings that is
sure to have something you'd enjoy, and you may want to bookmark this for reference, because it will be
updated. Go easy on the eggnog at those parties, friends! http://ow.ly/fVWx30gVYAd
Visit Tucson
November 30, 2017 ·
For an elegant recreational sojourn in the high desert outside of Tucson, consider the Hilton El
Conquistador Golf & Tennis Resort! Four remarkable restaurants, 45 holes of golf, sparkling pools, and
stunning views of the Santa Catalina Mountains will allow you to relax and recharge amid the
breathtaking scenery of Pusch Ridge. Haven't you been pondering a desert getaway
lately? #freeyourself http://ow.ly/e2xY30e9DuT
Visit Tucson
October 28, 2017 ·
The Old West lives here... and you can explore it in so many ways, at countless Southern Arizona
museums, film locations, and attractions from Town of Oro Valley - Government to Tombstone, Arizona.
Put on your hat and saddle up!
http://ow.ly/u3e030fCyWp #freeyourself
October-December 2017 Oro Valley Highlights
Page 5
Visit Tucson
October 14, 2017 ·
Harvest Oro Valley restaurant is a great option out on Tucson's north side, serving up modern cuisine
with some Italian and Mexican influences in the mix. They put an emphasis on freshness and have a
fairly extensive lunch and dinner menu. Check them out! Town of Oro Valley - Government#freeyourself
http://ow.ly/ISAx30eJOxM
Visit Tucson
October 5, 2017 ·
If you would like to experience the true beauty of the rugged desert landscape in Town of Oro Valley -
Government and play a little golf while you’re at it, The Stone Canyon Club is just the place for
you. http://ow.ly/HSHa30fA5uR
4. Town officials may attend trade shows with Visit Tucson staff at the expense of the Town,
except for the United States Sports Convention. Visit Tucson will cover the registration fees
for Town officials with those fees counting toward the tourism-activities rebate to the Town.
Result: Oro Valley officials did not attend any trade shows with Visit Tucson staff during the second
quarter. Upcoming activity scheduled for the third quarter includes participation in the Rock & Roll
Marathon Expo in Phoenix.
5. Host http://visitorovalley.org and update the site based on information provided by the
Economic Development Manager or New Media Developer. Provide quarterly reports with
total unique users.
Result: The October-December 2017 report is enclosed. A thorough list of accommodations, arts &
entertainment, outdoor recreation and restaurants is listed on the website, which is incorporated into
Visit Tucson’s website visittucson.org. Visit Tucson works with Town staff to update information on this
website as needed.
October-December 2017 Oro Valley Highlights
Page 6
6. Promote Oro Valley as a winter training destination for cycling and swimming on Visit
Tucson’s website and social media sites.
Result: Oro Valley is promoted as a winter training destination for cycling and swimming on several Visit
Tucson webpages.
• Winter training at Oro Valley Aquatic Center is featured at:
https://www.visittucson.org/about/winter-training-capital/training/swimming and
https://www.visittucson.org/winter-training
• Oro Valley is featured as an ideal destination for cycling at:
http://www.visittucson.org/about/winter-training-capital/training/cycling/
7. Provide total tourism-based direct spending and total tourism-based impact numbers from
Visit Tucson Sports events held in Oro Valley.
Result: The economic impact from five sports events that were held in Oro Valley between October 1 –
December 31, 2017 is $1,289,504 based on 3,802 visitors filling 1,342 room nights.
8. Scout Steam Pump Ranch and other Oro Valley destinations for film opportunities.
Result: Film Tucson is working with a local photographer take photos of various locations throughout
Oro Valley. Location photos will be uploaded to Locations Hub, a scouting tool used throughout the film
industry. Scouting locations include El Conquistador Golf and Tennis at Pusch Ridge, Canada del Oro
Riverfront Park, and Tohono Chul Park.
9. Provide information on equipment, crew and local suppliers, as needed, to producers of film,
television and commercial projects considering shooting in Oro Valley.
Result: Film Tucson provides information about Oro Valley on an ongoing basis to producers of
independent films, commercials, reality television series and photo shoots, who are scouting locations in
southern Arizona.
10. Rebate 5% ($13,750) of Oro Valley’s 2017-18 investment in Visit Tucson into tourism-related
activities that benefit the Town.
Result: Visit Tucson's cash investment in tourism activities that benefit the Town during the second
quarter included $5,000 towards golf co-op marketing placements that started in October 2017 and will
run through March 2018. This includes print and digital placements via Golf Magazine, Links Magazine,
Colorado Avid Golfer, and AZ Golf Insider, as well as some TV coverage. We anticipate MLS spring
training will fulfill $10,000 of the 5% rebate during the third quarter.
11. Consult with Town staff & officials on marketing initiatives, Mexico marketing, sales, and
other Visit Tucson initiatives.
Result: We have ongoing conversations among Town staff and Visit Tucson’s marketing and sports
personnel to discuss opportunities to promote the Town’s tourism attributes and book sports events.
Visit Tucson featured Oro Valley golf in a native content campaign run by iExplore.com (“Tee it up in Oro
Valley”) that generated more than one million impressions and 79 social shares. Canada’s Golf News
Now included a photo of El Conquistador Golf in a Nov. 9, 2017 feature on golf in Tucson, and Visit
Tucson CEO Brent DeRaad encouraged podcast listeners to stay in Oro Valley for golf trips.
October-December 2017 Oro Valley Highlights
Page 7
El Conquistador Tucson was featured heavily in our first and second quarter marketing campaigns,
including:
• Summer campaign ads, banners and video.
• Featured in the sponsored content video series that we produced with Skift, highlighting our
City of Gastronomy designation. This campaign launched in October.
• An Expedia campaign that drove direct bookings (as part of fall resort co-op campaign).
• Boingo sponsored wi-fi campaign that drove travelers in key market airports to our main resort
co-op landing page.
Tohono Chul Park is included in our new attractions-specific video that was deployed on the paid
platform "Clicktivated". This interactive platform allows for users to click on a specific part of the video
to bring up a link to the listing of the attraction that is being shown. The video is on our main attractions
landing page and can also be seen here:
https://www.clicktivatedvideoplayer.com/ClicktivatedAnalytics/Preview/player-
skins/cvsliding7/index.aspx?secure=f2891796484554ed2bef4a4fcda637d1&slider=true&orient=true&pr
erollimage=VisitTucson1
Additional online articles within VisitTucson.org that feature Oro Valley include:
Exploring the Valley of Gold
Five Must-Hike Parks in Southern Arizona
Farm to Fork, Ranch to Resort
Health & Wellness Come Home
See Tucson on “Top of the World”
12. One Town official will serve on Visit Tucson’s board of directors.
Result: Vice Mayor Lou Waters is an active participant on Visit Tucson’s board of directors.
Meetings Economic Impact: Per the convention sales metrics listed on page 1, the economic impact of
27 meetings booked between July 1, 2017 and December 31, 2017 by the El Conquistador Tucson and
the Red Lion Inn & Suites from Visit Tucson leads is $4,052,966.
Town of Oro Valley's ROI from Visit Tucson
July - December 2017
Amount Description
$4,052,966 From July 1 - December 31, 2017, El Conquistador Tucson and Red Lion Inn & Suites booked 27 meetings, representing 11,101
room nights, from Visit Tucson leads--estimated economic impact.
$2,059,876 From July 1 - December 31, 2017, estimated economic impact associated with 11 sports events held in Oro Valley, representing
2,834 room nights.
$5,370 Visit Tucson provided Oro Valley with a 1/2-page ad in the Visit Tucson visitors guide--value.
$8,900 Visit Tucson provided Oro Valley with a full page of advertorial in Visit Tucson visitors guide--value.
$5,000
Visit Tucson's cash investment in tourism activities that benefit the Town: Golf co-op marketing placements started in Oct. ‘17
and will run through March ’18. This includes print and digital placements via Golf Magazine, Links Magazine, Colorado Avid
Golfer, and AZ Golf Insider, as well as some TV coverage.
$6,132,112 Oro Valley's return from Visit Tucson--July 1 - Dec. 31, 2017
$6,132,112 Oro Valley's Second Quarter return from Visit Tucson
$275,000 Oro Valley's 2017-18 investment in Visit Tucson
$22.30 Oro Valley's return for every $1 invested in Visit Tucson
Not factored into the value above:
*Bed- & sales-tax revenue generated
*Leisure visitors spending money at Oro Valley hotels, resorts, attractions & retail based on Visit Tucson's overall destination
promotion, which includes Oro Valley.
*Host, update & help drive traffic to Oro Valley microsite (www.visitorovalley.org)--6,081 users, July 1-Dec. 31, 2017
*Visit Tucson staff time to market, sell & promote Oro Valley, & to calculate & report ROI & performance. Visit Tucson's
marketing, convention sales & services, film, public relations, tourism, Mexico marketing & membership departments all work
to benefit the Town & its tourism-related businesses.